Ohio man sues Wise Trucking, others for work injuries

CHARLESTON -- A Gallipolis, Ohio, man is suing Wise Trucking after he sustained injuries while driving a tractor trailer.

Medford Trucking, LLC; Elk Run Coal Company, Inc.; Massey Coal Services, Inc.; and John Doe Corporations 1 and 2 were also named as defendants in the suit.

On July 23, 2009, Donald Z. Thacker was legally operating a tractor trailer in the course of his employment with Wise Trucking and he picked up a load with the tractor trailer and started down a mountain when he leard a loud pop as he was going around a curve and the vehicle began traveling uncontrollably, according to a complaint filed April 4 in Kanawha Circuit Court.

Thacker claims he attempted to prevent the truck from turning over and/or crashing by attempting to steer the truck over to the gravel axle berm, but he was unable to slow the vehicle on the axle berm and the truck then struck a high wall head on.

In the resulting accident, Thacker suffered severe and permanent injuries to his head, ear, mastoid, abdomen, ribs, knee and lungs, according to the suit.

Thacker claims the defendants failed to properly maintain the tractor trailer he was driving.

The defendants also failed to properly submit a comprehensive mine safety program to the office of miners' health, safety and training, according to the suit.

Thacker is seeking compensatory damages with pre-judgment interest. He is being represented by Robert W. Bright.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-545