CHARLESTON, W.Va. -- A lawsuit blames Jimmy John's "freaky fast delivery" for the death of a Morgantown man last year.
The restaurant's policy, which encourages drivers to complete their deliveries with all due speed, endangers the public, according to a lawsuit filed earlier this month in Monongalia Circuit Court.
On August 19, J. Robert McClain was walking his dog on South High Street in Morgantown when he was hit and killed by a Jimmy John's delivery driver.
Levi Sooy, who was working for Jimmy John's as an assistant manager, was speeding when he hit McClain, the lawsuit claims.
McClain's daughter, Linda Lutman, filed the lawsuit. Sooy is being sued along with Jimmy John's and CDL Properties LLC, which operates the sandwich shop in Morgantown.
Jimmy John's knew "or should have known that the foregoing policies encouraged Jimmy John's drivers to drive at excessive speeds and/or to engage in other unsafe practices in order to comply with the Jimmy John's 'Freaky Fast Delivery' policy," the complaint states.
In 1993, a lawsuit filed over Domino's 30-minute delivery guarantee settled and prompted the company to stop the timed delivery policy. A St. Louis woman involved in a car accident with a delivery driver filed that suit.
Earlier this year, an appellate court said a lawsuit, filed by a man hit on his motorcycle by a Jimmy John's driver, could proceed. A trial court judge had previously dismissed the case, which also claims the "freaky fast" policy led to the crash.