NEW ORLEANS - United Parcel Service is sued by a motorist that claims his vehicle was damaged when cargo fell off of a freight truck and struck his car.
Richard Terrell filed suit against UPS Ground Freight Inc. on July 3 in Orleans Parish District Court. The defendant removed the case to federal court in New Orleans on Aug. 7.
The alleged incident occurred on July 29, 2011 as Terrell was traveling on I-10 westbound in New Orleans, behind a UPS freight truck. Terrell states that a large spool of wire fell off the back of the truck onto the interstate, causing him to take severe evasive action and swerve wildly. Although he managed to avoid contact with the main part of the spool, his vehicle was struck and damaged with chunks of spool that broke off, he claims.
The defendant is accused of negligence for failing to completely close and secure the back door of the UPS truck, failing to secure the cargo, failing to perform a routine inspection of its truck to make sure the back door was closed and the cargo secure before traveling, failing to adopt its policies and procedures to allow it to discover and to correct potential hazards on its trucks, failing to do what should have been done to make sure cargo did not fall off its truck, and violating Louisiana traffic laws.
The plaintiff is seeking an award of damages for pain and suffering, mental anguish, physical impairment, loss of enjoyment of life, medical expenses, loss of household services, loss of earnings and earning capacity, interest, and court costs.
Terrell is represented by David H. Hanchey and Paul Wilkins of Dudley Debosier in New Orleans.
U.S. District Judge Stanwood R. Duval Jr. is assigned to the case.
Case No. 2:12-cv-02025