Allegedly incompetent driver flips concrete truck in ditch

By Michelle Massey | Aug 17, 2010

A Louisiana company is being sued for hiring allegedly incompetent drivers after one of its drivers drove a concrete truck into a ditch, causing the truck to flip.

Herbert Johnstone filed suit against LaFarge Concrete Inc. doing business as LaFarge North America Inc. on June 16 in St. Charles Parish District Court. The case was removed to federal court in New Orleans on Aug. 10.

The alleged incident happened July 2, 2009 as Johnstone was riding in a concrete truck owned by the defendant and driven by an employee at the Valero Plant in Norco. Johnstone alleges the driver was speeding and drove the truck into a ditch, causing the vehicle to flip onto its side.

LaFarge is also accused of failing to properly screen its drivers for competency and failing to make sure they are in an appropriate state to operate a motor vehicle.

The defendants are accused of negligence for failing to pay proper and appropriate attention, careless and reckless operation of a motor vehicle, failing to maintain control, failing to stop and speeding.

The plaintiff is seeking damages for physical pain and suffering, mental pain and suffering, embarrassment and humiliation, lost wages, loss of earning capacity, medical expenses, permanent disability, loss of enjoyment of life, interest, penalties, attorney fees and costs.

Johnstone is represented by Metairie attorney Mark W. Smith.

U.S. District Judge Stanwood R. Duval, Jr. is assigned to the case.

Case No. 2:10cv02632

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