HOUSTON (CN) – A delivery truck driver says his company-owned truck broke down in the remote Lost Coast region of California, and he had to walk 31 miles through wilderness in near-freezing cold, for which he was hospitalized. When he called to say he could not make the delivery because he was injured and had been given pain killers for his feet, he says, his boss cussed him out and fired him.
Daniel Moye sued Hercules Investments, its owner and president Robert Leppke, and Promaxima Manufacturing.
Moye loaded, delivered and unloaded the defendants’ exercise equipment. He says his company-owned truck broke down after 2 a.m. on Jan. 30, 2007, in a remote area of Highway 211, south of Red Bluff. He says he walked 30 miles, and wrote his wife “a farewell letter in case his body was found,” but managed to make it to a prison at the base of a mountain, whose paramedics took him to a hospital in Redding, where he was hospitalized with hypothermia, acute rhabdomyolysis, dehydration and severely blistered feet. After he was discharged, he says, he called his boss, who cussed him out and fired him.
He demands punitive damages for defamation and wrongful firing – firing him for refusing to commit a wrongful act, i.e., driving while under the influence of medication.
He is represented Howard Dulmage with McCormick, Hancock & Newton, in Harris County Court.
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