Lawsuit filed in accident that killed dump truck driver

Bed of his dump truck rose and struck overpass.
TNS Regional News
Mar 20, 2014


An attorney representing the estate of a man killed last year when the bed of his dump truck rose and struck an overpass on the Interstate has filed a lawsuit.

Attorney Andy King, representing the estate of John R. Austin, filed the lawsuit this month in Allen County Common Pleas Court. The lawsuit is seeking more than $25,000 in damages from Hirschfeld Enterprises and Quality Ready Mix. The Ohio Bureau of Workers’ Compensation also has been named as a defendant because it may have a financial interest in the matter.

Austin worked for Quality Ready Mix and the dump truck was owned by Hirschfeld Enterprises, the lawsuit said.

The accident happened Oct. 17 on Interstate 75. Austin was driving a dump truck on I-75 when the bed rose and struck a bridge causing the dump truck to role, according to the lawsuit.

The incident happened in the southbound lane of I-75 at the Bellefontaine Street overpass at Wapakoneta. The bed of the truck was ripped away.

Austin was killed.

The lawsuit alleges negligence in the installation, maintenance and repair of the dump truck, as well as possible defects in the truck.

Austin’s family has incurred $8,500 in medical bills. He is survived by two minor children and an adult son. They lost companionship, care, assistance, attention and guidance from their father, the lawsuit said.


By Greg Sowinski - The Lima News, Ohio (MCT)

©2014 The Lima News (Lima, Ohio)

Visit The Lima News (Lima, Ohio) at

Distributed by MCT Information Services



All dump trucks have a up and down button or lever, How on earth an it be anyone elses fault as long as those worked, and if they didnt work, why on earth would you drive it down the interstate with the box up?????? Just saying..