Tractor Trailer Carbon Monoxide Poisoning Lawsuit Filed by Long-Haul Trucker

Irvin Jackson

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Daimler and Detroit Diesel face a personal injury lawsuit brought by a long-haul trucker who alleges the companies failed to adequately warn about the risk of carbon monoxide poisoning that may result from exhaust infiltrating the cab of Freightliner tractor-trailers. 

The complaint (PDF) was filed in the U.S. District Court for the District of Wyoming on October 2, by Timothy Foye and his wife Jean, of Utah.

According to allegations raised in the tractor trailer carbon monoxide lawsuit, Timothy Foye suffered severe brain injury after exposure to the toxic gas while driving a 2007 Freightliner Century Class with a Detroit Diesel Series 60 engine.

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Carbon Monoxide Poisoning Lawsuits

Exposure to Carbon Monoxide Gas May Cause Permanent Brain Damage, Serious Injury or Death.

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Learn More About

Carbon Monoxide Poisoning Lawsuits

Exposure to Carbon Monoxide Gas May Cause Permanent Brain Damage, Serious Injury or Death.

Learn More
SEE IF YOU QUALIFY FOR COMPENSATION

The injury occurred on October 4, 2013, when Foye was driving the truck through Wyoming and a snowstorm struck, closing the highway. As a result, Foye had to park the tractor trailer and turned on the heater to keep warm. However, the lawsuit indicates that this caused the truck cab to fill up with poisonous carbon monoxide gas.

Carbon monoxide is a colorless and odorless gas, which contains no irritating factors to allow an individual to detect it’s presence. As a result it is often referred to as the “silent killer.”

Individuals typically fail to detect the symptoms of carbon monoxide exposure, often mistaking the symptoms for the flu. As a result, the gas is a leading cause of fatal poisonings in the United States, killing about 500 people each year and causing about 15,000 emergency room visits.

As a result of carbon monoxide in the tractor trailer cab, Foye indicates that he became disoriented, dizzy, and nauseous. When he called his wife about the symptoms, she urged him to call 911.

The long haul trucker was admitted to the hospital as a result of the exposure, and indicates that he was left with permanent brain damage from carbon monoxide poisoning, which causes black outs, difficulty communicating, inability to work due to trouble with memory, attention, processing and following directions. He also suffers heart problems, double vision, hearing issues, depression, sleep disorders, and panic attacks, according to the complaint.

Foye is pursuing claims against Daimler and Detroit Diesel for strict products liability, negligence, and loss of spousal consortium.

Irvin Jackson
Written by: Irvin Jackson

Senior Legal Journalist & Contributing Editor

Irvin Jackson is a senior investigative reporter at AboutLawsuits.com with more than 30 years of experience covering mass tort litigation, environmental policy, and consumer safety. He previously served as Associate Editor at Inside the EPA and contributes original reporting on product liability lawsuits, regulatory failures, and nationwide litigation trends.

Tags: Brain Damage, Carbon Monoxide, Carbon Monoxide Poisoning, Daimler, Detroit Diesel

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10 Comments

Shon
I’m currently home trying to recover from CO poisoning. I started driving a truck for a large company. 2 days after I started driving the truck I told another driver to help me look for an exhaust leak. We didn’t look very hard because the truck had brand new exhaust installed just before I took over driving the truck. So after 4 months of driving and losing 30 pounds and losing consciousness 4 times. I quit. They wouldn’t take me serious. They took the truck back to the shop that installed the exhaust 3 days after I quit and the mechanic forgot to install a part on the exhaust. He said he was surprised nobody died in the truck. I don’t remember 3 months of my life. I told numerous people about it but they shrugged it off because the exhaust was brand new. The last time I blacked out was the worse. I wasn’t found for 3 hours and when they found me I didn’t know anyone and couldn’t walk. Every time someone found me, I would wake up after a couple minutes with the door open. Not once did they offer medical treatment. I’m not the same person that I was when I started. Not even close. I have horrible anxiety, heart palpitations, paranoia, psychosis, ringing in my ears so bad, social anxiety, worry all the time, cant control my anger/depression, cry all the time, cant remember anything short term, high blood pressure, the worse headaches you can imagine, severe nose bleeds and it goes on and on. I’ve slept maybe 24 hours in 2 months. My work thought I was using drugs or that I was going crazy. They said I needed to see a counselor. I’m not going to live long, whether it be natural or not. I can’t live like this. Life isn’t fun anymore. I was the life of the party 6 months ago and now I’m the party crasher. They admitted fault but that doesn’t pay my rent and bills. I’m currently on workman’s comp but haven’t received any money. I’ll be homeless in a few days. I wish my employer could see and feel what I go through. They would act differently.
Sandra
That explains why I always feel sick when I leave out on runs.I can distinctly smell exhaust whether idling or running APU.The comment that hit home for me was the feeling of having a stroke.I was out of work for a month,had to be hospitalized for bronchitis,walking new pneumonia 3 months ago,yes I smoke,and always blamed smoking for ailments.Except that time was different.I had lost all feeling in from chest to my hips including my back.then they said it was from an intestinal infection. But no longer can bend my thumb and pointer finger on right hand.My hands and feet seize up like cramps everyday. I still believe I had stroke like symptoms Definitely a memory disadvantage,just thought I was tired of truckin after 23 yrs,just tired and restless all the time.
Frederick
12/21/2022. While returning to load soda ash near Little America, I passed out long enough to drift left over a double yellow line with a 2020 Peterbilt narrowly missing a passenger vehicle heading west on WY30. Three weeks later another episode on I 80 just west of Evanston…these incidents were followed by 2 trips to the ER in Kemmerer, WY to treat the after effects of CO poisoning known as Parkinsononian tremors…no help from the company, no pay, no workers comp, only a coverup!!!
Glen
I’m going to the doctor today for some of the same symptoms
Ora
In 2005 freightliner having the same symptoms
Kenny
Just talked to a friend at Roush here in Portland Oregon.Two drivers had made the Portland to Detroit run and came back complaining if feeling ill. Third driver went on the run..He was found at dock in Detroit in cab. They pulled him out and sent him to ER… His level was 3.5. Rouch paid him for 6 days of his losing work and insist he return..ER doctor gave him (I think) 14 days. He feels tired and foggy brained. We think he needs a lawyer as company has done nothing to follow up
Richard
I am in a 2020 Freightliner cascadia last Monday for some reason I woke up I had no mobile skills my right arm and leg was uncontrollable I thought I had a stroke I said to myself out loud I don’t believe I’m slurring my words it took me an hour and a half to get dressed once I got dressed I got out of the truck I threw some trash away I took some big deep breaths I said okay I feel better I don’t know what that was all about so I drove from the 123 mile marker in Arizona to the 198 mile marker in Flagstaff Arizona from there to Flagstaff I could not keep my truck in my Lane I thought I was going to have to call an ambulance I got fuel I staggered to get my fuel receipt I really didn’t know about carbon monoxide poisoning but for some reason I thought maybe that’s what happened so once I got in to Kansas City I wrote the truck up and said I believe I had carbon monoxide poisoning leak it into my cab and Rider said that they had multiple leaks in my exhaust system I did buy me a carbon monoxide tester now that I keep in my truck everybody says that the carbon monoxide should be out of my system but for some reason I still feel loopy in my brain is that how anybody else feels or is it just all in my head
Sarah
My husband was found dead in his truck also a freightliner aug 2019 we just received Coroner report autopsy performed more than 1 day later reviled his level were 4.00 high no other explanation to death other than normal things our dr said there is not a real cause givin but said he didnt like the look of those levels that far out he had his api on for air but had lots of problems with it
G
I’m having the same symptoms after turning on bunk heater and air conditioner . I’ve been sick since Feb 3, 2018. Im so sick and confused Im struggling with medical help and working. I almost died in this truck.
Denise
I am a long haul commercial truck driver, an employee of a trucking company. I have been operating a 2014 Freightliner Classic for four years and landed in The emergency due to carbon dioxide poisoning in 12/27/16. The medical test showed toxins in my blood due to carbon dioxide. Now have respiratory problems along with coughing spells.

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