Widow files suit over husband's death

By John O'Brien | May 24, 2006

WHEELING - The wife of a man who died in an automobile accident is suing those she feels are responsible for it.

Carri Collingwood filed a lawsuit May 4 in Ohio Circuit Court individually, as the parent of Caitlin and Carlene Collingwood and as the administratrix of the estate of Shawn Collingwood.

She lists O'Brien's Rent All and Sales in Wheeling, John Milner of Morristown, Ohio, Eickhoff Corp. in Pittsburgh, Consol Energy Inc. in Pittsburgh and four John Does as the defendants and is represented by David Hummel of Hummel Law Offices in Wheeling.

Carri Collingwood says her husband was driving south on state road 221 in Washington County, Pennsylvania, when a 123-pound metal cylinder fell from a coal shearer being transported and crashed through his truck's windshield, striking him in the face and head and causing his death.

She blames O'Brien's Rent All and Sales because she says it was in charge of transporting an Eickhoff SL 300 Shearer Loader.

She blames Eickhoff because she says the loader was being transported to its facility for maintenance.

She blames the four John Does for not properly loading the shearer onto O'Brien's trailer. She says it was side-loaded onto the trailer despite two warning labels that said "DO NOT SIDE LOAD."

She also claims one of the John Does was asleep in his car rather than supervising the loading.

She blames Milner because she says he was the driver of O'Brien's trailer.

"In particular, Defendant Milner's negligence, as presently known, consisted of his failure to supervise loading of the trailer, failure to adhere to the signs on the trailer prohibiting side-loading, failure to secure the load prior to driving, failure to cover the load with a tarp or other device to prevent falling or dislodged objects, failure to operate the vehicle at a safe speed so as to prevent objects from falling or becoming dislodged, failure to maintain a proper outlook, failure to warn of a hazard and/or dangerous condition and failure to avoid a projectile from his load unlawfully striking another vehicle," the complaint says.

She is seeking compensation for medical services, funeral and burial expenses, loss of companionship and loss of financial support.

She is also seeking punitive damages.

Judge Arthur Recht has been assigned the case.

Ohio Circuit Court case number 06-C-158AR

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