Man says tow truck crushed his toes

MORGANTOWN - A Monongalia County man says a towing company crushed his feet into the ground.

David Simmons filed a lawsuit June 23 in Monongalia Circuit Court against Ervin's Repair and Towing, Inc., and unknown John Does who are employees of the company.

He alleges that on Sept. 4, 2004, he was awakened by the sound of several tow trucks that had blocked off his street.

When he asked the tow truck drivers why they were towing several cars, including his, he was ignored.

"Instead, one driver entered his vehicle and began backing directly towards the plaintiff," the complaint says. "while the driver backed toward the plaintiff, the driver began lowering the heavy T-bar on the back of the tow truck.

"The driver continued backing up and lowering the T-bar until the T-bar crushed the plaintiff's feet against the pavement."

Simmons, who is represented by Morgantown attorney David Grunau, adds that the driver and other employees laughed at him while his feet bled.

Simmons says he was hospitalized as a result of the incident.

"The plaintiff never attempted to impede the drivers at any time, but merely had asked why the cars were being towed when his feet were crushed by the tow truck driver," the lawsuit says.

Simmons charges the defendants with negligence and grossly negligent, willful, wanton, reckless and/or intentional misconduct.

He is seeking compensatory damages for his mental and emotional anguish and lost income, as well as punitive damages.

Monongalia Circuit Court case number 06-C-413