WARREN - A man from Youngstown is suing the Ohio Turnpike and Infrastructure Commission and a Pennsylvania-based company that installs and maintains the gates at turnpike toll booths over injuries he says he received passing through a toll plaza in Lordstown.
Robert W. Berry claims a cross gate that lowered prematurely while he rode a motorcycle through toll plaza 215 struck him with ''great force'' in the head, shoulder and neck.
Berry states in his lawsuit filed Monday in Trumbull County Common Pleas Court that on the day of the incident, May 26, 2010, employees of Transcore Inc. of Hummelstown, Pa., who were servicing the collection and gate system did not close the lane and ''were otherwise negligent in failing to make safe the defective toll collection and gate system.''
He claims that his medical-related bills from the injuries are more than $274,000.
Lauren Hakos, a spokeswoman for the commission, declined to comment. A message seeking comment was left with a representative of Transcore.
The case has been assigned to Judge Peter Kontos. A pretrial date has not been set.
Berry previously filed a lawsuit against the commission and Transcore, but court records show it was voluntarily dismissed in January without prejudice, meaning it can be refiled at a later date. Berry's attorney, Gregg A. Rossi, who did not represent Berry in the first lawsuit, said it was dismissed because attempts to resolve the case were not successful, there was an issue preparing for trial and Berry had underwent a second surgery.
Civil rules say a case that can be refiled must be refiled within a year, which is approaching, and that's why it was refiled Monday, Rossi said.