(Source: Mail Tribune)
By Ryan Pfeil, Mail Tribune, Medford, Ore.
June 8--William Geary was on his way to work Dec. 21, 2010, stopped at a red light and waiting to turn left, when his life changed forever.
A trailer pulled by a fast-turning semi-truck tipped over and slammed into his Chevy Silverado, trapping him inside under a mess of glass and metal for 90 minutes.
Six months, four surgeries, numerous broken bones and about $250,000 in medical bills later, the Central Point resident, now 60, has a long road of recovery ahead of him.
He and his wife, Barbara McCormick, are suing the semi driver, Phillip McCulloch, and the Express Transport Corp., McCulloch's employer, for$4.5 million.
The case is being filed in Multnomah County, where Express Transport Corp. and Geary's attorneys are based.
The suit alleges McCulloch was traveling "at a rate of speed that was greater than reasonable and prudent under the circumstances" and that the rear trailer "had brakes that were out of adjustment ... while the tractor-trailer had mismatched brake slack adjustors."
"We think it's a case of clear negligence by the trucking company and the driver," said Tom D'Amore, Geary's attorney. "The insurance company that represents the trucking company was not interested in resolving the case right away. This incident has completely turned the Gearys' life upside down."
The suit seeks about $1.5 million for lost wages and medical care, as Geary likely will not be able to work again. It also seeks an additional $3 million for non-economic compensation, including pain and suffering, loss of sleep and loss of physical function.
The company has 30 days to respond to the suit after being served.
A local Express Transport Corp. representative would not comment, and calls to the company's main headquarters were not returned. It is not known whether McCulloch is still working for the company, but he was issued a citation for reckless driving following the accident, D'Amore said.
Video from a traffic camera near the intersection of Table Rock and Biddle roads shows Geary waiting at a red light when the semi enters the frame. As it turns, the second of the two trailers it's towing lands on Geary's Silverado, pushing it out of the turn lane before the trailer comes to a stop.
Geary said he remembered seeing panic in McCulloch's face just before the crash.
"He was looking in the mirror, panicked. That's when the wheels went one way and the load shifted on top of my truck," Geary said.
He thought he was going to die.
"It felt like I was in a pool keeping my head above water," Geary said.