Jackson Jambalaya

Are the garbage trucks at Richard's Disposal safe to drive?  A federal lawsuit accuses the company of firing a driver who dared to report several trucks were not safe to drive.   

Euric Horne sued Richard's Disposal, Mike Walker, Jerome Kelly, and Alvin Richard, Jr. in U.S. District Court on February 10.  The individuals are company officials. 

The plaintiff began working at Richard's Disposal in January 2024.  Horne's employment was uneventful until May 20.  The complaint alleges: 

27. On May 20, 2024, at approximately 6:15 A.M., before the shift began, Home did a pre-trip inspection of the truck assigned to him for the day. Home informed supervisor Jerome Kelly that the truck had a defective hopper.

28. Kelly assigned a second truck to Home. Home did a pre-trip inspection and found the truck's brake lights, strobe lights, and one headlight were non-functional. Home reported to Kelly that this truck was in violation of US DOT regulations.

The complaint charges Richard's supervisors ignored the (alleged) problems:

29. Kelly did not repair this truck or take it out of service that morning, but instead assigned it to another driver who was willing to drive it in violation of US DOT regulations.

30. Kelly assigned a third truck to Horne. Horne did a pre-trip inspection and found the truck's hub seal was leaking lubricant. Horne reported to Kelly that this truck was in violation of US DOT regulations. 

31. Kelly assigned a fourth truck to Horne. This truck was in working order, except that it needed hydraulic oil. Horne prepared to take this truck on his route.

 

 

For his troubles, the complaint alleges, Richard's sent Horne home while he was in line waiting to collect fluid for the truck. Richard's allegedly did not call Horne back to work until May 24.  Horne worked "without incident" until May 30: 

41. On May 30, 2024, Horne was assigned to truck 810. During the route, the hydraulic line burst on the street. 42. Horne reported this accident to supervisor Mike Walker.

43. Walker instructed Horne to complete his route using truck 018.

44. Horne informed Walker that O18 was leaking hydraulic oil, and should not be driven.

45. Walker refused to allow Horne not to drive this truck, and Horne reluctantly drove 018 on the route.

46. Shortly thereafter, at approximately 5:30 pm, the truck broke down on the route. Horne called to report the break down, and was instructed to make certain attempts to fix the truck. These efforts did not succeed.

47. Horne told Walker that he (Horne) should never have been sent out on that truck, and that he was tired of being asked to drive trucks that were in violation of USDOT regulations and unsafe.

Richard's fired Horne on June 4 for "insubordination" on May 30.

The complaint charges Richard's Disposal violated the Surface Transportation Assistance Act that protects whistleblowers. The ACT bars employers from firing employees who report commercial vehicle safety violations or refusing to drive in unsafe conditions.  Horne claims this is exactly what happened. 

Horne seeks back pay, reinstatement, compensatory damages, and punitive damages as well as attorney's fees. 

Richard's Disposal denied Horne's allegations and said any vehicle problems were corrected and no employee was forced to operate an unsafe vehicle.  

Attorney Joel Dillard represents the plaintiff while Romaine Richards represents Richard's Disposal. 

The case is assigned to U.S. District Judge Kristi Johnson.  

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Posted below: Complaint and answer.