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Man struck by trash truck sues Waste Connections

He sustained fractures, other injuries; police said he wasn't in crosswalk

By Jessica Prokop, Columbian Local News Editor
Published: March 7, 2016, 6:49pm

An Iraq War veteran who was hit by a garbage truck in downtown Vancouver in September 2013 is suing the company and driver.

Robert Dare filed the complaint Thursday against Waste Connections of Washington and Joshua Day.

Dare, then 27, was walking to work at about 5:25 a.m. Sept. 30, 2013, and crossed West 15th Street. A Waste Connections truck, driven by Day, was turning right onto the road from Main Street, and Dare was in the blind spot of the driver, according to Columbian archives. The truck struck Dare on his right side.

Dare said he was in the crosswalk when he was hit and that the walk sign was illuminated, his suit says. However, Vancouver police said he crossed in the middle of the block, according to Columbian archives.

He was transported to PeaceHealth Southwest Medical Center with a fractured spine, broken ankle and broken shoulder. Dare underwent surgery to have pins placed in his spine and ankle. He later was transferred to the VA Medical Center in Vancouver for rehabilitation, The Columbian reported.

Dare is an Army veteran who deployed to Iraq for 15 months from 2007 to 2009, according to Columbian archives.

The suit alleges that Day failed to exercise due care to avoid striking a pedestrian and failed to yield the right of way to a pedestrian crossing the road and walking on a sidewalk.

Dare is seeking damages for his physical injuries, which included facial cuts and bruising, a concussion and multiple fractures to his body. He also seeks damages for his medical expenses, past and future pain and suffering, financial losses and diminished earning capacity. All amounts will be determined at trial.

An attorney with Waste Connections declined to comment on the case. It’s unclear if Day is still an employee with the company.

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