Action filed over dropped drive shaft

Va. man says he suffered injuries in 2010 when car hit tractor-trailer part in the road

By Alex Bridges -- abridges@nvdaily.com

HARRISONBURG -- A Virginia man claims he suffered injuries in 2010 when his car hit a drive shaft that had dropped from a tractor-trailer onto a Frederick County road.

A motor vehicle/personal injury lawsuit filed in U.S. District Court in Harrisonburg on Monday seeks $1.5 million from the defendants, identified as Nathan Harrison Jr. and Williamson Distributors Inc., both of North Carolina. Attorneys with the Chandler Law Group PLC represent the plaintiff Timothy Call, who is only identified as a resident of Virginia.

Harrison operated a tractor-trailer for Williamson on Feb. 16, 2010, heading east on Berryville Pike (Va. 7) near Gateway Drive in Frederick County, according to the complaint. At some point between 8:45 p.m. and 9:15 p.m., the drive shaft of the tractor-trailer fell off of the vehicle and onto the travel lanes of the road, the complaint states.

Harrison pulled the vehicle to the right shoulder a short distance ahead and stayed inside, but placed no flares, cones, triangles or other safety devices in the road to warn oncoming traffic of the hazard, according to the complaint. The drive shaft remained in the road in the dark. Approximately four to five vehicles hit the drive shaft and pulled off the road to the right, but Harrison remained in the tractor-trailer, the complaint notes.

Call subsequently drove his Dodge Neon east on Va. 7 toward the area where the drive shaft had fallen, according to the complaint. The plaintiff saw several vehicles stopped on the right shoulder with their emergency flashers on and, believing an accident had occurred in the right lane, moved into the left lane, the complaint explains. He then struck the drive shaft where it lay in the left lane.

"As a result of the impact, the plaintiff was violently thrust upwards, causing his head to slam against the low roof of his vehicle and resulting in severe, painful, and permanent injuries," the complaint states.

The plaintiff claims Harrison showed negligence by not inspecting or maintaining the tractor-trailer to ensure its safety; by driving an unsafe vehicle; by failing to avoid obstructing the road and then not placing emergency warning devices after causing the obstruction; and by not warning other travelers on the highway of the hazard created by the vehicle.

A second count states Williamson assumes liability vicariously and the firm had the duty to ensure the proper inspection and maintenance of the tractor-trailer. The negligence count states Williamson had a duty to prevent a vehicle unfit for driving to be operated on the highway. Likewise, Williamson had a duty to ensure Harrison was a qualified and safe driver as defined under state and federal regulations, the complaint states.

The plaintiff seeks a jury trial.