PITTSBURGH — Husband and wife contractors are suing FedEx Custom Critical Inc. and Wabash National Corp., trailer lessee and lessor, citing alleged negligence and strict liability.
Rami Khogali and Amal Eltaib filed a complaint on Sept. 21 in the Allegheny County Courts of Common Pleas against the defendants, alleging they negligently placed in the stream of commerce a defective trailer.
According to the complaint, the plaintiffs allege that on July 2, Khogali and Eltaib were working as independent contractors at JMS Fabricated Systems in Latrobe. While loading goods into a trailer leased by defendant FedEx and supplied by defendant Wabash, plaintiff Khogali fell from the bed of the trailer while attempting to close the rear doors, the suit says.
He suffered severe and permanent bodily injuries, including but not limited to cervical sprain and strain and lumbar strain and sprain, the suit says. The plaintiffs hold FedEx Custom Critical Inc. and Wabash National Corp. responsible because the defendants failed to ensure that door-closure mechanism would close with the application of reasonable force and failed to give warning of the dangers associated with the trailer's door.
The plaintiffs request a trial by jury and seek damages in an amount in excess of $35,000, as well as any such other adequate, just and proper relief. They are represented by Brandon Swartz and Anthony Giannetti of Swartz Culleton PC in Pittsburgh.