Kinsman couple sues over accident
Claim driver failed to secure load on tractor-trailer in Feb. 2019 incident
WARREN — A Kinsman couple is suing a Girard trucking company and the driver of a tractor-trailer who the couple claims failed to secure the truck’s load, which fell on the couple’s vehicle during a Feb. 22, 2019, accident on state Route 88.
Ronald and Darlene Emrick of Orangeville Kinsman Road filed the civil lawsuit in Trumbull Common Pleas Court. Listed as defendants are Aim Leasing and Aim Integrated Logistics Inc., 1500 Trumbull Ave., Girard; the truck driver, Glen Hupp of Adamsville, Pa.; and unnamed companies and employees who may have been involved in securing the truck.
The lawsuit states the contents from the eastbound tractor-trailer fell on the Emrick’s westbound vehicle, forcing it off the road and into the median. The driver Ronald Emrick, suffered permanent injuries and aggravated a pre-existing condition, the lawsuit states. The injuries caused Emrick to lose time on the job, lost wages with permanently diminished earning capacity. There was a “severe diminution” to the quality of his life, the lawsuit states.
Darlene Emrick also suffered emotional distress and mental anguish in losing the services of her husband, the lawsuit states.
Medical bills, which so far are more than $62,000, still are mounting, the lawsuit states.
The defendants are accused of negligently failing to maintain the truck and its contents, as well as failing to properly secure the load, failure to maintain a proper lookout, failing to properly inspect the truck and its load for defects and not operating the vehicle in a reasonable and safe fashion. The lawsuit also blames driver inattention.
Tom Fleming, president of Aim Leasing of Girard, did not return a call seeking comment about the lawsuit. A phone number given for Hupp, an independent truck driver, was disconnected.
The lawsuit filed last week seeks more than $25,000 in damages. The case was assigned to Common Pleas Judge Andrew Logan. Representing the plantiffs is Niles attorney Robert Shaker.