PRINCETON - The Estate of Darrell Gwinn, through co-administrators Danny Gwinn and Darlene Blake, has filed suit in the Mercer County Circuit Court on Sept. 20, naming Mountain Vending Inc. as defendant.
In his complaint, the estate says Darrell Gwinn was employed by Mountain Vending as a forklift operator and was killed as a result of a workplace accident. The estate claims Mountain Vending was negligent in training their employees how to safely operate forklifts and industrial trucks.
The estate alleges that on Dec. 18, Darrell Gwinn was moving and stacking pallets and crates on the forklift when it became stuck.
Darrell Gwinn then allegedly chained the stuck forklift to a truck hoping to pull it loose and stayed in the forklift while it was being pulled.
According to the complaint, while the forklift was being pulled it began to tip over and Gwinn jumped out. The forklift allegedly landed on him, causing serious injuries to his upper body. He also hit his head and died from his injuries shortly thereafter, the suit says.
The estate is suing Mountain Vending for negligence and loss of consortium.
The estate is seeking an undisclosed amount of damages. It is represented by Charles M. Love IV of the Masters Law Firm.
Circuit Court of Mercer County Case No. 13-C-364
Lawsuit: Forklift tipped over, killed man
