WHEELING – A Rayland, Ohio couple alleges the husband was injured in an incident with a truck driver in Ohio County.
Erin and Ernest Lloyd Cain Jr. filed a complaint in Ohio Circuit Court against RSA Trucking LLC, Jaybird Enterprises LLC and David Bruce Howard alleging negligence.
According to the complaint, the plaintiffs allege that on Dec. 31, 2016, plaintiff Ernest Cain Jr. was operating a Federal Express truck on Stone Church Road in Ohio County and was directed by a road worker to back up to allow a tractor-trailer operated by Howard space to turn onto Stone Church Road. The suit states the tractor-trailer was owned by Jaybird Enterprises, Howard's employer, and rented and/or loaned to RSA Trucking.
The plaintiff alleges that during this incident, his door was ajar and Howard struck the plaintiff's door, causing injuries to the plaintiff's arm.
The plaintiffs hold RSA Trucking LLC, Jaybird Enterprises LLC and Howard responsible because RSA and Jaybird allegedly failed to monitor and control Howard and Howard failed to have proper and adequate control over his person.
The plaintiffs request a trial by jury and seek judgment against defendants for compensatory and punitive damages, interest, attorney's fees, costs expended, and other relief as the court deems proper. They are represented by Scott S. Blass and Meaghan L. Tague of Bordas & Bordas PLLC in Wheeling.
The case has been assigned to Circuit Judge Jason A. Cuomo.
Ohio Circuit Court case number 18-C-117