Family of motorcyclist killed by falling portable toilet sues sanitation company

By Jim Greene

Published on December 28, 2005

A wrongful death suit has been filed against a South Dakota sanitation company by the family of a Texas motorcyclist killed when a portable toilet fell off a truck and knocked him into oncoming traffic.

Michael Eugene Johnson of Grand Saline, Texas, was killed August 9 in Custer, South Dakota, when he tried to pass a truck owned by Sander Sanitation Company, according to the accident report. The falling toilet knocked him off balance and he slid into the path of three cars. A citation was issued to Earl Christian Baker, who drove the Sander truck, for a shifting load.

According to the motorcycle accident lawsuit, filed by Texas attorney Randy Roberts on behalf of Johnson's wife, Lisa, and his 20-year-old daughter, Shawn, the toilet was not properly secured and Sander and Baker are guilty of negligence. The plaintiffs are asking for compensation for funeral and cremation expenses, as well as loss of companionship and Johnson's "pain of body and anguish of mind immediately prior to his death." Neither plaintiff accompanied Johnson at the time of the accident.

Dan Ashmore, Sander's and Baker's attorney, said the accident was caused when a strap around the toilet broke and that Johnson was not struck by it, but killed because he swerved to avoid it. Ashmore said the defense has not filed a response to the suit because they are still ascertaining the facts of the case.

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