WHEELING – A man is suing The Shelly Company and Lindy Paving after he claims he was injured due to their negligence.
Timothy Jackson was a self-employed truck driver and was contracted by Shelly and/or Lindy to operate a dump truck as part of paving operations being performed at or near Indian Creek Road in Tyler County, according to a complaint filed June 8 in Tyler Circuit Court and removed to federal court on July 12.
Jackson claims on Aug. 24, 2015, he was operating the dump truck at the direction of a unknown, unnamed individual, who responsibilities were to monitor the operations and movement of the dump truck and advise Jackson of any obstacles, hazards or dangers that he was unable to see.
John Doe failed to advise Jackson of the presence of a large tree and failed to inform him of the tree while he was traveling with the raised bed of the dump truck and he struck the tree, causing it to fall onto the cab of the dump truck, crushing the roof and causing him serious and permanent injuries, according to the suit.
Jackson claims the defendants were negligent and failed to adequately supervise and train Doe.
The defendants failed to exercise reasonable care and caused Jackson’s injuries, according to the suit.
Jackson is seeking compensatory damages. He is being represented by Christopher J. Regan and Laura P. Pollard of Bordas & Bordas; and Richard D. Dunbar of Dunbar & Fowler.
U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00107