Lady Justice
ST. LOUIS — A wrongful death lawsuit has been filed by the surviving family members of a man who was fatally struck by a commercial motor vehicle in a snow-covered parking lot in Kansas earlier this year.
The plaintiffs, Amber Martinez — Rudolph Martinez’s widow — and Dennie Martinez — his son — filed the civil action in St. Louis Circuit Court on behalf of themselves and four other immediate family members, seeking damages from both the driver and the company that employed him.
The incident occurred on Jan. 6, at approximately 1:00 p.m. in the parking lot of D&S Oil Company in Ellsworth, Kan., according to a complaint filed June 13 in St. Louis Circuit Court.
At the time, Rudolph Martinez was on foot and assisting truck driver Brandon Adams in navigating a snowdrift-covered lot. The suit alleges that Adams, while operating a 2018 Freightliner tractor, backed the vehicle over Martinez and stopped on top of him, causing fatal injuries. Martinez was pronounced dead at the scene.
Named defendants in the case are Brandon Adams, a Missouri resident, and Chelsea Transport, a Missouri-based corporation that owned the vehicle and employed Adams at the time of the incident.
The plaintiffs claim that Adams acted negligently while operating the commercial motor vehicle and that Chelsea is both vicariously and independently liable due to its failure to properly train, supervise and monitor its employee.
The plaintiffs further allege that Chelsea Transport was negligent in multiple respects, such as permitting Adams to operate the vehicle despite a lack of qualifications, competency or adequate experience. The company is also accused of failing to properly train Adams in defensive driving techniques, including the use of spotters, backing methods and situational awareness protocols.
The complaint cites Chelsea’s failure to implement sufficient hiring and monitoring standards and claims that the company’s oversight directly contributed to the fatal outcome.
The plaintiffs argue that Chelsea had the ability and obligation to control Adams’ actions and failed to do so, thereby making them legally responsible under the doctrine of respondeat superior.
“As a direct and proximate result of Chelsea’s and Adams’ negligent acts and omissions, Rudolph Martinez died, and Amber Martinez, Dennie Martinez, Noah Martinez, Travis Martinez, Tyler Martinez and Rocky Martinez have been deprived of Rudolph Martinez’s care, comfort, guidance, support, services, training, companionship, instruction, and counsel,” the complaint states.
Amber Martinez and other surviving family members claim they have suffered significant loss and trauma because of Rudolph Martinez’s death. They also claim to have incurred funeral and burial expenses.
The plaintiffs are seeking actual damages in an amount to be determined by a jury, as well as post-judgment interest, legal costs and any other relief deemed appropriate by the court. The family has demanded a jury trial on all issues raised in the complaint. The plaintiffs are represented by JJ Burns and Tim E. Dollar of Dollar Burns Becker & Hershewe; and Steve Kherkher of Kherkher Garcia.
St. Louis Circuit Court case number: 25SL-CC06372
