SCRANTON – A Walmart employee who suffered right ankle, knee and calf injuries when he fell on the job and allegedly due to the actions of a tractor-trailer driver, has sued the transportation company whom the driver works for.
Wayne Swartz and Tracy Swartz of Plymouth initially filed suit in the Luzerne County Court of Common Pleas on Aug. 19 versus Swift Transportation Co., Inc., of Phoenix, Ariz.
(The action was removed to the U.S. District Court for the Middle District of Pennsylvania on Sept. 10.)
“On May 9, 2019, the plaintiff, Wayne Swartz, while in the course and scope of his employment with Walmart, was working in the truck delivery area behind Walmart Supercenter No. 1623, specifically in the unloading area. At approximately 3 p.m. on that date, the defendant Swift Transportation’s driver, John Doe, drove his tractor trailer into the truck unloading area too fast, and hit a dumpster causing trash to be strewn around,” the suit states.
“John Doe exited the tractor trailer owned by defendant, Swift Transportation, and began to pick up the trash that had been strewn around because he caused his tractor-trailer to strike the dumpster. The plaintiff, Wayne Swartz and a co-worker assisted John Doe with picking up the trash. Swartz, was using a hose to clean up the area where the trash had spilled. Swift Transportation’s driver, Doe, had cut his hand while picking up the trash and asked the plaintiff Swartz, if he could use the hose to rinse his hand.”
At that same time, Doe abruptly grabbed the hose from Swartz’s hand and yanked on it to pull it closer to him, which caused the plaintiff Swartz, to fall and twist his leg as he stepped away from John Doe, so as not to get blood on himself.
After subsequent medical treatment, it was learned that Swartz had suffered right ankle inversion sprain, right knee injury and right calf injury.
For counts of vicarious negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000, exclusive of interest and costs of suit, in addition to reasonable counsel fees and costs of suit and exemplary and punitive damages, and a trial by jury.
The plaintiffs are represented by Kelly M. Ciravolo and Patrick J. Doyle Jr. of Anzalone Law Offices, in Wilkes-Barre.
The defendant is represented by Jeffrey T. McGuire and Stephen E. Geduldig of Pion Nerone Girman Winslow & Smith, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 3:20-cv-01638
Luzerne County Court of Common Pleas case 202007464
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com