Wrongful Death Lawsuit Filed for Selma Man Against John Deere

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has filed a wrongful death lawsuit on behalf of the family of William DeShannon Thomas, who was killed Aug.13, 2015, when the John Deere 4440 tractor he was operating unexpectedly jumped forward. Mr. Thomas was fueling the tractor when the tractor jumped forward and ran over him, resulting in his death.

The lawsuit alleges that the tractor was defective and unreasonably dangerous by design. Specifically, the tractor isn’t adequately designed and guarded to prevent starting the tractor at the solenoid switch. According to experts, the tractor also fails to provide adequate warnings about the inherent risk of injury or death in ordinary operating conditions and that it was not adequately tested to determine if it was safe for the consuming public.

The tractor was owned and maintained by the defendant McCormick Aviation. Mr. Thomas was using the tractor provided by McCormick when the incident occurred. Beasley Allen attorney Chris Glover is representing Katherine Thomas, administrator of the Estate of William DeShannon Thomas.

“Deere & Company should have known the John Deere 4440 posed an unreasonable risk to all persons operating the tractor,” Glover says. “The design of this tractor is flawed in that the design and guarding of the machine permitted and encouraged users to start the tractor from a dangerous position.  Mr. Thomas was fulfilling his duty to maintain the tractor as instructed, which resulted in his tragic death.”

The lawsuit alleges negligence on behalf of the manufacturer, Deere & Company, Inc., as well as the owner, McCormick Aviation. The lawsuit is filed in the Circuit Court of Dallas County, Ala.