J.B. Hunt Transport Services Inc. and PPG Industries Inc. were also named as defendants in the suit.
Dwane E. England was dispatched to drive a 2014 freightliner by J.B. on Feb. 14, 2015, and, at 5:58 p.m., he notified his employer that he was sick and had stopped early, was planning on resting all day Sunday and would head back out on Monday, according to a complaint filed Jan. 19 in Jackson Circuit Court and removed to federal court on Feb. 23.
The following day, England was still sick and notified his employer that he needed to see and doctor and that someone else would have to take the load in his commercial vehicle and deliver it, however, the defendants informed him they had no one to take the load and he would have to deliver it regardless, according to the suit.
England claims he notified the defendants he would drop the load off at the Niles yard in Niles, Ohio, and would then head home because he was very sick and could not take it to its destination.
The plaintiff was then directed to pick up a commercial motor vehicle and, having not been relieved of his duties by his employer, attempted to drive the vehicle back to Ripley.
England claims he lost consciousness and lost control of the vehicle, which caused him injuries, including Post Traumatic Stress Disorder, blunt force trauma, broken bones, punctured lung, amputation of his left arm and organ damage.
The defendants were negligent and caused England’s injuries.
England and his wife, Rebecca England, are seeking compensatory and punitive damages. They are being represented by J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices; and G. Patrick Jacobs of Jacobs Law Offices.
The defendants are represented by Michael P. Markins, Jeffrey B. Brannon and Allison M. Subacz of Cipriani & Werner.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-01369