Tenn. man blames accident on company loading truck poorly

By Kelly Holleran | Oct 29, 2008

CLARKSBURG -- A Tennessee man has filed suit against AGC Flat Glass North America, claiming the company was at fault for a trucking accident in which he was involved after it improperly loaded the tractor trailer.

David D. Wolfe claims he was severely injured after the 2006 tractor trailer he was driving around a curve on U.S. 279 overturned Sept. 19, 2007.

"By improperly and negligently loading and securing approximately 44,000 pounds of glass into the tractor trailer being operated by the Plaintiff, David D. Wolfe, the Defendant, AGC Flat Glass North America, Inc., caused the payload to shift inside the tractor trailer while said tractor trailer was moving, thereby causing said tractor trailer to lean and overturn," the suit filed Sept. 16 in Harrison Circuit Court states.

Wolfe's neck, back and arms were severely and permanently injured after the accident, according to the complaint.

He also claims it aggravated a previous defect and has caused him great pain and anguish of body and mind.

In addition, Wolfe has become responsible for medical costs, according to the complaint.

Wolfe is seeking unspecified damages, plus interest and costs.

At the request of AGC Flat Glass, the case has been moved to U.S. District Court. The case was filed there Oct. 15.

R. Matthew Vital and Matthew R. Oliver of Vital and Vital in Huntington will be representing Wolfe.

Charles C. Wise III of Bowles, Rice, McDavid, Graff and Love in Morgantown will be representing AGS Flat Glass.

U.S. District Court case number: 1:08-CV-189

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