Garbage man sues after being run over on route

CHARLESTON - A Kanawha County man has filed a suit against a tractor and truck company after he was run over while riding on one of the trucks during his route as a garbage man.

James and Sheila Graley filed the suit July 1 in Kanawha Circuit Court against West Virginia Tractor Company, Leach Company, Daimler Trucks North American and Freightliner.

Graley was employed by Big Nitro Public Works, where he worked as a garbage truck crewmember. On July 5, 2006, he was working on a route in Nitro and assigned to a 1996 Freightliner FL70 Truck, equipped with a rear-loading packer unit designed and manufactured for service as a garbage truck assembly, the suit says.

While on the route, Graley was riding on the driver's side platform step, communicating with the driver, as they approached the next stop. Graley fell into the path of the rear drive wheels while using the platform step. The truck continued to move and Graley was run over by the rear-drive wheels.

According to the seven-count suit, Graley suffered a broken left femur, broken tailbone, pelvic separation, damaged spleen, numerous broken ribs, a collapsed lung, broken collar bone and possible head injury with memory loss.

Shelia Graley claims she suffered loss of services and consortium of her husband.

Together, the Graleys seek compensation for their damages.

Attorney Michael A. Olivio is representing the Graleys. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 08-C-1287