Plaintiff contends that, after the stump was placed in the truck, it rolled against the cocked gate. With the tailgate in the cocked rather than in the closed position, only one-third the weight is necessary to cause the dump body to rise. Plaintiff argues that with the tailgate in the cocked position, the length of the dump body is, in effect, extended and the leverage characteristics of the dump body are thereby changed. Plaintiff's case pivots on the tailgate design of the M-817 dump truck. Thus commercial dump trucks used in quarries incorporate the "rocker" fixture as an integral part of the dump body itself. When the tailgate is in the cocked or "rocker" position, large, heavy objects can be dumped over the tailgate without damaging it. The M-817 gate may be hinged from the bottom and placed in a cocked position, supported by heavy, metal flange panels attached to the dump body. Unlike most commercial trucks, however, the M-817 has a third tailgate position. When hinged from the bottom, the tailgate can be let down in a horizontal position supported by chains, thereby lengthening the bed of the truck. The tailgate is hinged from the top for spreader operations e. Like many commercial dump trucks, the M-817 has a tailgate that can be hinged both from the top and the bottom. The evidence further reflects that, at the time of the accident, the tailgate of the dump truck was in a cocked position. Although O'Ferrell testified that he had already swung the boom away from the truck, the Court finds that it was as he was still using the boom to force down the stump that the dump body rose, then fell, injuring Medley. Because the mass of *1007 roots caused the stump to be too high, O'Ferrell attempted to use the arm of the crane to press the stump and roots further down into the dump body. At the time of the accident, therefore, O'Ferrell was attempting to load the stump with the roots down and toward the cab. O'Ferrell, had had some difficulty loading the stumps so as not to strike the power lines under which the dump truck was driven. Prior to the accident, Medley and the crane operator, Sgt. There is no dispute that the engine was off and that the lever for the hydraulic lift was in the neutral-lock position. Medley fell back onto the cab frame and was crushed when the dump body came down, pinning him against the metal frame of the cab. On his fourth day, October 12, 1975, Medley was standing on the cab protector of his truck to assist in loading a stump when the dump body unexpectedly kicked up. On his third day, Medley began driving one of the M-817 dump trucks.
SUPPORT UNITED STATES ARMED FORCES MEDLEY DRIVERS
In addition, it was often necessary for the drivers to climb into the dump body after the stump had been set down in order to unhook the chains. They would stand on the cab protector of the truck to help direct the crane operator in placing the stumps in the dump body. Snellgrove and Medley testified that the dump truck drivers would occasionally assist in the loading of the stumps in two ways. The work consisted of loading tree stumps onto the five-ton M-817 dump trucks owned and issued by the United States to the National Guard. Snellgrove to observe the procedures being followed. Unable because of the heavy rains to work in his usual job as a brick mason, Medley agreed to work in the clean-up operation.ĭuring his first two days, Medley rode with Sgt. Medley had not previously been activated and had joined the Guard only the month before. Ricky Snellgrove, invited Medley to join the clean-up effort. It was at this time that a fellow Guardsman, Sgt. When these units were deactivated, the National Guard agreed with officials of Coffee County to permit the continued use of Guard equipment to complete the operation, provided Guardsmen were paid by the county. Units of the Alabama National Guard were activated to assist in the subsequent clean-up operation. In October, 1975, hurricane Eloise caused extensive damage in Coffee County, Alabama. Plaintiff having made presentation of his claim to the appropriate federal agency more than six months prior to his commencement of this suit and no action having been taken, the Court has jurisdiction. He brings this action pursuant to the Federal Tort Claims Act, charging the United States with negligently causing his injury. While assisting with clean-up operations in the aftermath of hurricane Eloise, plaintiff Billy D. Ala., Montgomery, Ala., for the United States. Pittman, Enterprise, Ala., for plaintiff.īarry E. (Hobbs, Copeland, Franco & Screws), Montgomery, Ala., and Joe S.
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