Ohio woman files suit in W.Va. for Tenn. accident

WHEELING -- An Ohio woman has filed suit against the driver and trucking company she blames for causing a television to fall on her head when the truck driver backed into a truck in which she was riding in Tennessee.

Donna Miller claims she was a guest in a 2006 Freightliner semi-tractor traveling east on Interstate 840 in Dickson, Tenn., on Feb. 11, 2009, at about 6:10 p.m.

At the same time, defendant Ronald Grapes was driving a 1999 Peterbilt semi-tractor owned by defendant Wilkins Trucking when he allowed the truck to roll backwards on an inclined road grade, according to the complaint filed Feb. 10 in U.S. District Court. The truck careened into the front of Miller's truck, causing $11,000 worth of damage, the suit states.

"As a direct and proximate cause of the conduct of Defendant Ronald Grapes, the collision between the two semi's caused a television mounted in the Miller vehicle to break free from its mounting and crush Plaintiff Miller," the complaint says. "As a direct and proximate cause of the conduct of Defendant Ronald Grapes, Plaintiff Miller suffered injuries to include, but not exclusive of a closed head injury, contusions, sprains, strains, lacerations and abrasions."
In addition to her injuries, Miller claims she incurred pain, suffering, inconvenience, loss of enjoyment of life, loss of wages and a diminished quality of life. She also incurred medical bills of more than $15,000, the suit states.

Miller blames Grapes for causing the collision, saying he breached his duty to operate a vehicle safely, to maintain a clear distance, to properly brake, to maintain an attentive driving posture and to maintain his lane of travel. He also violated federal statutes, the complaint says.

In addition, Wilkins Trucking breached its duty to ensure its employees possessed the appropriate training, experience, licensure and certification, according to the complaint.

In her seven-count suit, Miller seeks general, special and compensatory damages of more than $75,000 and punitive damages of more than $75,000, plus attorney's fees, interest, costs and other relief the court deems just.

David L. Delk Jr. of Bachmann, Hess, Bachmann and Garden in Wheeling will be representing her.

The case has been assigned to U.S. District Judge Robert E. Maxwell.

U.S. District Court case number: 2:10-CV-18