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.
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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. Founded 1908 Current form 1956 … WikipediaĪrmed Forces of Bosnia and Herzegovina - Oružane snage Bosne i Hercegovine Оружане снаге Босне и Херцеговине Coat of Arms of Bosnia and Herzegovina Servic … WikipediaĪrmed Forces of Malta - Armed Forces of Mal … Deutsch WikipediaĪrmed Forces of Belarus - Military of Belarus Current form 1992 Service branches Army … WikipediaĪrmed forces - noun the military forces of a nation (Freq.United States District Court, M. military personnel overseas.cite web | url = | title = About Us | work … WikipediaĪrmed Forces of Liberia - Coat of arms of Liberia. Support suggests the… … New Dictionary of SynonymsĪrmed Forces Expeditionary Medal - Infobox Military Award name=Armed Forces Expeditionary Medal awarded by= Department of Defense type= Single grade Medal eligibility= Military personnel only for= Awarded to members of the United States Armed Forces who, after July 1, 1958, have… … WikipediaĪrmed Forces Entertainment - The Armed Forces Entertainment (AFE) is the official United States Department of Defense (DoD) agency for providing entertainment to U.S. Support - vb 1 Support, sustain, prop, bolster, buttress, brace are comparable when they mean to hold up either literally or figuratively, though they vary greatly in their specific senses and in the range of their applicability. There is also an Armed Forces Chaplaincy Centre for British military chaplain training at Amport House, South of Andover,… … WikipediaĪrmed Forces of the Philippines - Sandatahang Lakas ng Pilipinas Emblem of the Armed Forces of the Philippines Founded MaService branches … Wikipedia Armed Forces Chaplaincy Center - Official seal of the Armed Forces Chaplaincy Center This article is about the Armed Forces Chaplaincy Center in the U.S.