$2M claim towers over town garbage truck mishaps

Jul. 30—Ryan Cook was stopped at a traffic light on Elliot Road near Silverado Street when a Gilbert garbage truck rear-ended his Ford pickup, slamming him into the vehicle in front.

The Gilbert man was taken to Banner Desert Medical Center, where he was treated for injuries, including a broken nose, facial fractures, a broken left wrist and head and back trauma.

"His truck was literally an accordion," said litigation paralegal Brianna Duey for the Kelly Law Team. "The only reason he didn't die is he was driving a pickup truck. The bed of his pickup truck took the hit. It was totally crushed in."

The Phoenix law firm in April filed a $2 million notice of claim against the Town of Gilbert, which spokeswoman Jennifer Harrison said "remains open and under review."

"We will not be providing any additional information at this time," Harrison said.

According to state statute, however, because the town passed the 60-day window without taking action, the claim is legally deemed denied, according to Duey, who drafted the claim.

She said the Town has made no attempt to reach out and that her plan is to file a civil suit against Gilbert in the next three months.

Cook's claim put the full blame of the accident squarely on the Town's shoulders for hiring a driver who had a "negligent driving history."

"He has several infractions," said Duey.

She said John Navarro Olivan's three traffic infractions involved the use of his personal vehicle and because the information was not available to the public, she was prohibited from disclosing additional details.

A search of the Maricopa County Superior Court system found a case where a woman sued the Town of Gilbert and Olivan in 2019. Her personal injury case was dismissed in 2021 with prejudice.

Duey said the Queen Creek man was hired by the Town in 2014 and as far as she knew, Olivan was still employed there.

"The Town of Gilbert, as the owner of the garbage truck and employer of the driver, is required to provide adequate staffing, training, and safety procedures to ensure proper vehicle driver safety," attorney Jennifer Tinoco said in the claim.

"The Town of Gilbert has proper information, or the capability to gather it, regarding the negligent driving history of the driver, John Navarro Olivan, prior to employment and during.

"The Town of Gilbert therefore had notice of the unreasonably dangerous driving records of such employee because either the employee created the dangerous condition; the Town or its employees actually knew of the dangerous condition or this dangerous condition existed long enough that the Town in the exercise of reasonable care, should have known about it."

Duey faulted Gilbert for not properly "looking into the driving history of who they are hiring before putting them behind the wheel of a vehicle that could kill somebody — that's heavy enough to collapse a sedan, which is what most people are driving."

Although Cook was wearing a seat belt, he sustained severe bodily injuries.

"He had to get reconstructive plastic surgery due to the injury to his face," Duey said. "He's still in treatment and recovery.

"He has been out of work (due to) several medical injuries as the result of this incident that happened less than a year ago."

Cook's medical bills so far totaled $51,126, and was climbing, according to Duey.

Cook was continuing to receive medical care and was likely to have a permanent injury, impairments, and will need future care, according to Tinoco.

Colliding with other vehicles on the streets of Gilbert aren't the only accidents these garbage trucks cause.

The average weight of a loaded garbage truck is 25 tons.

The most recent batch of claims filed against the Town show a number of people asking for damages caused by the Town's trucks.

For instance, one claim asked for $8,649 after a garbage truck hit a parked car while another demanded $3,185 after a bulk trash truck hit a residential wall.

And one claim wanted $1,225 to repair a hole in a casita caused by a garbage truck arm attempting to pick up a trash can.

"Each incident is unique and the safety of those involved is the primary concern," Harrison said.

She said that when an accident occurs, the driver immediately notifies the supervisor who documents it and provides the resident with information on how to submit a claim.

"Operator incidents go through a peer review process for recommendations for changes to routing, policy or standard operating procedures, driver training or equipment," she said.

She added that the average tenure of a town solid waste operator is seven years, not including previous solid waste experience.

According to a posting for a solid waste operator on the town's website, qualifications include a high school diploma or GED, a commercial driver's license or CDL and a year of experience in heavy-equipment operation, or manual labor.

The posting notes that a motor vehicle report will be run as part of the pre-employment process.

According to the town, Gilbert paid out $197,670 to settle accidents caused by its trash trucks in Fiscal Year 2022-23. And 41 claims were filed that year with 31 settled and six remaining open in the current fiscal year.

The Town in Fiscal Year 2021-22 received 39 trash truck claims and settled 31 at the cost of $100,005.

Harrison said Gilbert has 56 collection trucks and 65 solid waste operators providing residential services, including trash, recycling, and bulk trash collection as well as commercial collections services.

"Solid waste and recycling trucks are on the road six days a week to provide service to the Town's 83,000 homes and commercial customers," she said. "In 2022, solid waste trucks serviced more than 6.9 million trash and recycling containers."

Garbage truck mishaps are not uncommon as attested to by the number of attorneys who specialize in these types of accidents.

In the United States, there were 80 fatal crashes involving refuse trucks, 1,200 injury crashes and 1,992 tow-away crashes — where at least one vehicle was disabled as a result of the crash and towed — in 2020, according to the latest data available by the Federal Motor Carrier Safety Administration.

Besides the trucks' bulky size and large blind spots, experts say the ongoing shortage of workers with a CDL means overworked or unqualified drivers, which contributes to accidents.

By 2026, the solid waste collection industry will have 14,200 new jobs for collection drivers and riders, according to the National Waste and Recycling Association.

"A tightening labor market with more job openings than potential qualified employees will only exacerbate the situation as demand for these positions grows," the trade association stated.