The mother of a Centre man killed back in 2016 has filed two Civil Action Lawsuits alleging among other things the wrongful death of her son.
32 year old Daniel Leon Porter of Centre was killed in September of 2016 when a hydraulic grain bin crushed him at a location on County Road 14 in Ellisville.
Porter’s mother Ruby Crook, who is also the Administrator of Mr. Porters Estate has filed two suits in Cherokee County Circuit Court. According to court documents obtained by WEIS Radio News the suit names T.L Trucking, Inc., Terry Law, Ryan Law, Jack Grambling May, and Deere Company, Inc.
The suit claims that the defendants owned, maintained, repaired, made alterations to and/or modified the “hydraulic bottle jack” and “grain bin” in a negligent and improper manner and/or knew that the jack and/or hopper were defective prior to use by Porter but provided the equipment to him to use in the course of his job.
Crook is asking for judgment of $10 million for compensatory damages for the pain and suffering and mental anguish for herself for the wrongful death of her son and the damage done to the claims and causes of action and value of same by the loss or destruction of the jack as evidence.
A second suit filed names Cherokee County Shaver Jeff Shaver, Josh Summerford who at the time was Chief Investigator, Investigator Brent Snead who serves as the evidence custodian and those person/persons or entities that caused or allowed the “bottle jack” to be “lost, stolen, destroyed and/or otherwise spoilated” as Defendants
The suit claims that the Defendants were all served with and signed for or acknowledged receipt of Evidence Spoliation and Retention letters from the Counsel of the Plantiff while the jack was in the possession of Sheriff Shaver, Summerford and Snead. According to court documents, in spite of such notice, the defendants allowed the jack to be obtained or returned to Terry Law, Ryan Law or Jack May and/or T.L. Trucking in violation of Alabama Spoliation Law. Court documents say that the jack has been “lost, destroyed, spoliated and/or stolen while in their custody and that they failed to notify the Plaintiff.
Crook is asking for judgment of $10 million for compensatory and punitive damages for pain/suffering and mental anguish for herself, herself as the Administrator of the Estate and the Estate and the wrongful damage and loss done to the jack, the evidence, the Wrongful Death Lawsuit and its’ value, plus the cost of action.
We are continuing to follow this case and will have more as proceedings begin.
Official Court Documents have been posted below.