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  #1  
Old 07.24.2008
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Woman sues trucking company over injuries

Woman sues trucking company over injuries
7/24/08
Quote:
A woman who was injured while unloading a tractor trailer filed a personal injury lawsuit against USA Truck and driver Michael Perlick, alleging they were negligent.

Sandra Myers claims she was working as the supervisor at Professional Contract Services (PCS) on Aug. 9, 2006, when a USA Truck operated by Perlick arrived to be unloaded.

PCS is a warehouse in Granite City.

http://www.stclairrecord.com/news/21...-over-injuries
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  #2  
Old 07.24.2008
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Something sounds fishy here.

Whenever a truck is unloaded, the materials are always moved off the loading dock ramp. If not, then the fault would lie with the receiver. A driver would not normally pull away from a dock that is locked down. The shipper has to release it. There are also lights that allow the driver to know to leave.

I also never leave a dock without my papers. Otherwise, you may never get them.
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  #3  
Old 07.24.2008
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i have a chain across the entrance of my trailer . i hook it before i pull away,plus every one i see i tell them i'm going to leave...
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  #4  
Old 07.25.2008
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You'd think that a suit would be filed immediately instead of 2 years later, especially if it was a preventable accident....
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  #5  
Old 07.25.2008
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Sounds odd to me.
If the driver had unloaded the truck, then maybe it is his fault.
If the driver was not told to pull away from the dock, and he did anyway then it is his fault.

I would have to see the particular dock. If it has a plate with a lock and lights, then the it means the driver pulled away with a red light, this would be his fault.
If it was an old dock with a plate that has to be put in place with a fork lift, then the first 2 comments I made come more into effect.

Waiting 2 years, for the end of the statute of limitations, means that she was waiting for there to be a much lower chance of witnesses coming forward. This tells me she is just sue happy, and that most likely it was her own fault as much as the drivers, if not more.
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  #6  
Old 07.25.2008
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I would guess that someone told her to see a lawyer, and she hesitated until it was either do it or forget it, before she decided to go ahead with it. It is also possible, that a lawyer sat on it for awhile to wait until any witnesses were unavailable. It will probably be decided out of court. I don't think, unless someone who had been there comes forward on this forum, that we will ever know what kind of set-up there was as to safety devices and dock plates. Just having dock locks and lights doesn't mean that they are operable, either. I have been to many places that had them and they weren't working.

I always make sure the plate is out or that I have permission to move before I do move, some places have the paperwork in a different location,but what I haul now has neither docks or plates.

Last edited by 25(2)+2; 07.25.2008 at 03.43 PM. Reason: content
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  #7  
Old 07.25.2008
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This woman ain't gonna win ####!! She's hoping for a out of court settlement.

She was negligent in her job. Plus, dock plates dont rise when you pull out, and they only drop about 2 inches...if that. Most don't move at all, the "lip" falls away.

I firmly belive she gave the driver the green light. If he/she pulled out at all.
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Old 07.25.2008
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I don't think we're talking about the hydraulic plates, but the metal ones that they set down with a forklift. Still, something just doen;t set right with the story. Why did she wait 2 years to bring a suit? Attempting to prove "continued" pain and suffering? Hmmm....
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  #9  
Old 07.25.2008
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Quote:
Originally Posted by ssbowles View Post
I don't think we're talking about the hydraulic plates, but the metal ones that they set down with a forklift. ....snipped....
I'll concede that point, and raise you.

Quote:
Myers claims Perlick negligently failed to warn her that he was going to move the truck,
I seriously doubt this driver would have just moved the truck, out of the blue.

Quote:
failed to lower the bridge before moving the truck, ....snipped.....failed to pull the dock plate out before pulling the truck away from the docket
Hmm fishy ? You bet ! She's a lumper.

#1 The dock foreman is in charge of the dock. She raises and lowers the bridge, not the driver.

#2 Again, the dock super or fork lift operator places and removes the docking plate. Sue the fork operater

While she claims the driver was negligent. She is also a liar. She was a contracted service, paid for by USA through their agent, the driver.

She was the one in charge of everything. If she failed to do any of the above, it's her fault. She was paid to do it, as per the company who allowed her to provide her contracted services to the trucking companies who unloaded there.

Simply put. She was paid to do it...and failed at her duties. She probably spent the last 2 years suing the company it happened at. And now wants more.

No driver does any of this after paying a lumper to do it. Unless he's stupid.
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  #10  
Old 07.29.2008
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The person at fault is the woman injured. Couple of things. First you dont inspect cargo from the truck plate. You do it inside the truck or outside the truck. And unless its one pallet of stuff your inspecting on the outside. Second a truck makes a heck of a lot a noise and before it moves. I mean come on what did she think when she heard all that noise???? and that jerk thing when they take off the brakes.
Even if this trucker did do as she said.....She had plenty of warning to get off that plate.
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