Terry Winningham, an Arkansas resident, has filed a lawsuit seeking damages for severe injuries sustained while working in Florida. The complaint was filed on October 14, 2024, in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County against Blew Bayou Services LLC, Blew Bayou Services M.O.T., and Florida Power and Light Company (FPL).
The case revolves around a tragic incident that occurred on November 21, 2021. Winningham was operating a Kenworth tractor-trailer at a site near Hollister, Florida. He was unstrapping a load of power poles and cross members when a 3,000-pound cross member fell from the trailer, striking him and causing catastrophic injuries including amputations and brain injuries. The plaintiff claims that the defendants failed to secure the load properly with necessary safety measures such as chocks or friction materials to prevent shifting during unloading.
Winningham accuses FPL of negligence for not ensuring safe loading practices at their Loxahatchee yard where the equipment was loaded. He alleges that FPL had control over the yard and should have overseen the loading process to comply with safety regulations. Similarly, he accuses Blew Bayou Services LLC and its subsidiary of negligent violation of safety statutes by failing to use appropriate securing devices during loading.
The lawsuit outlines multiple counts including common law negligence, strict liability, gross negligence, and negligent violation of statutes against all defendants. Winningham argues that these failures led directly to his severe injuries and subsequent losses.
The plaintiff seeks compensatory damages exceeding $50,000 for medical expenses, lost earnings, pain and suffering, among other damages. He also demands a jury trial to resolve these issues.
Representing Terry Winningham is Gonzalez & Henley P.A., based in West Palm Beach. The case is being heard under Case Number: 502024CA009851.