An 83-year-old Rocky River resident has filed a lawsuit against the city and a city employee over a 2008 traffic accident that involved a garbage truck, and is seeking a minimum of $25,000 in damages.
According to the complaint (read the .pdf) filed in county court, Ethel Menning was traveling southbound on Cook Ave. at 7:30 a.m. on April 16, 2008 when she stopped behind a city refuse truck driven by Jill Haley.
The complaint alleges Haley “negligently, recklessly, and without warning” put the truck in reverse and struck the front of Menning’s vehicle.
As a result of the accident, Menning claims to have “suffered numerous internal injuries and to her back, neck, head, shoulders, knees, legs, and other parts of her body in addition to suffering great pain to her mind and body.”
Further, Menning’s complaint alleges that the incident has “disrupted…her usual course of business and employment sustaining a loss of wage earnings, her usual and customary endeavors, and…her usual engagement in recreational activities which she enjoyed prior to the accident.”
Not so fast
The traffic crash report for the incident (read the .pdf) completed by the Lakewood Police Department shows the accident was the result of “improper backing.” However, other details of the event suggest it may not have been severe enough to cause the injuries Menning claims she sustained.
Menning’s 2003 Toyota Camry received “functional damage” to its center front, but did not experience an airbag deployment, or need to be towed. Both Menning and Haley were wearing seat belts, and the crash report states neither party suffered any injuries in the 5 mph collision.