WEST VIRGINIA RECORD

CHARLESTON - A lawsuit against Halliburton Energy Services for injuries has been settled and dismissed from federal court.

An unknown person, called John Doe in the complaint, was also named as a defendant in the suit.

On Oct. 7, the court was advised that the civil action had been compromised and settled, according to an order of dismissal filed in the U.S. District Court for the Southern District of West Virginia at Charleston.

On Oct. 5, 2011, Rickie Lee Durham was dispatched by ACME Truck Lines to the Halliburton facility in Carmichaels, Pa., to pick up a load of goods and equipment for delivery, including steel pipes referred to as stabilizers, according to a complaint initially filed Aug. 13, 2012, in Kanawha Circuit Court and removed to federal court on Sept. 4, 2012.

Durham claimed Doe operated a forklift while attempting to load the stabilizers onto his tractor-trailer and raised the load of stabilizers too high to be safely loaded onto the tractor-trailer.

Doe attempted to place the forklift into reverse to readjust and reattempt the loading of the stabilizers when he lost control of the load of stabilizers on the forklift and the stabilizers fell from the forklift, according to the suit.

Durham claimed when Doe lost control of the stabilizers, one of them fell and crushed his foot.

Doe was negligent in the operation of the forklift and in raising an unsecured load of heavy material too high; operating a heavily loaded forklift too quickly for the circumstances; putting a heavily loaded forklift into reverse too quickly; and failing to properly monitor a heavy forklift load, according to the suit.

Durham claimed Doe was also negligent in failing to warn surrounding individuals that he would be changing direction while holding a heavy, unsecured load; failing to use due care in the operation of the forklift; and other acts and omissions.

Halliburton is liable for the acts of its agents, employees and/or servants, according to the suit.

Durham claimed Halliburton was negligent in failing to train individuals to operate forklifts; failing to train individuals in the proper loading of tractor trailers; permitting an unqualified individual to operate a forklift to load a tractor trailer; and requiring Durham to load his tractor-trailer in an uneven and unstable gravel loading area.

Halliburton was also negligent in rushing the loading of the tractor trailer; failing to monitor the actions of its employees in the loading and securing of loads to tractor trailers; and failing to provide proper equipment to permit the safe loading of tractor trailers, according to the suit.

Durham and his wife, Priscilla Durham, were seeking compensatory and punitive damages with pre- and post-judgment interest. They were being represented by Christopher J. Regan and Jeremy M. McGraw of Bordas & Bordas PLLC.

The case was assigned to District Judge Thomas E. Johnston.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:12-cv-05077