Suit over Mack accident moved to federal court
Kelly Holleran Sep. 30, 2008, 7:10am
ELKINS - A suit filed by a truck driver against two companies claiming they were responsible for his injuries after he was involved in an accident has been moved to federal court.
Jeremy Charles Farling was driving a 2006 Mack truck for his job on Aug. 14, 2006, when there were sudden steering problems that caused his truck to run off the side of the road and overturn, according to the original complaint filed Aug. 13 in Lewis Circuit Court.
Before the accident, the truck was the subject of a recall because its steering column was said to be defective and dangerous, the suit states.
Farling claims his employer sent a number of trucks to Williamsburg, Va., to be repaired, but sent his to Worldwide Equipment for fixes.
Worldwide Equipment was negligent because it failed to fix Farling's truck's defective steering column, according to the complaint.
Mack Trucks was negligent because its design was defective, the suit states.
Farling claims he suffered a loss of an ability to enjoy life, pain, frustration and mental anguish, shame and humiliation, loss of consortium and loss of comfort, society and companionship.
He also claims he incurred substantial medical costs.
Farling is seeking medical costs, attorney's fees and pre- and post-judgment interest.
After Farling filed the case, Worldwide Equipment asked that it be dismissed.
When it wasn't, the company asked that it be removed from circuit court to federal court, where it was filed Sept. 17.
Boyd L. Warner of Walters, Warner & Harris in Clarksburg and Harry F. Bell of Bell & Bands in Charleston will be representing Worldwide Equipment and Mack Trucks.
C. Paul Estep of Estep & Shaffer and Virginia Jackson Hopkins, both in Kingwood, will be representing Farling.
U.S. District Court case number 2:08 CV94