A Rite Aid delivery driver and his wife have filed a personal injury suit against his employer after an unstable load allegedly fell on him.

According to the suit filed on April 13 in West Virginia’s Kanawha Circuit Court by Christopher C. Cummings and Carrie Ann Cummings, Rite Aid does not allow its delivery drivers to inspect loads to ensure stability before they begin their routes.

Cummings claims that he made a delivery to a location in Lexington, Kentucky on August 30, 2007. He said that some of the cargo fell on top of him during the unloading process, causing him to suffer serious and permanent injuries.

Cummings claims the incident has caused him to lose the ability to work.

The suit seeks compensatory damages.

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