John Smith v. Road Construction Co.
- Resolution Date:
- September 2005
- Practice Areas:
- Industrial Accident, Truck Accident, Head and Spinal Cord Injuries, Construction Site Accidents
- Synopsis:
- Late at night on December 21, 2000, John Smith, a 44-year-old diesel mechanic employed by Equipment Rental Co., was injured at a Road Construction Co.'s work site. Smith was walking by the boom of an Equipment Rental Co. excavator, which had a known history of tracking problems. He was guiding the excavator from one point to another. Attached to the boom of the excavator was a 7,000-pound power pack and shaker. The excavator, driven by a Road Construction Co. employee, mis-tracked, causing the load to swing toward John Smith. Smith put his arm out to stop the load as he saw it coming towards him. The force of the load knocked Smith to the ground. John Smith got up, finished his shift, and reported the accident to his supervisor the next day. John Smith continued to work for the following two months, until numbness and weakness in his hand prevented him from being able to continue working. Smith contended that the Road Construction Co. employee operating the excavator was a substantial cause of the incident and that they were aware that the excavator was not suited for its intended use. Mr. Smith suffered injuries to his right arm, shoulder, and neck because of the impact. He received extensive treatment, including three cervical surgeries. His treating doctors determined he was not able to return to his customary occupation. The matter settled before trial.
- Attorneys:
-
Cynthia McGuinn
Miles Cooper
- Resolution:
- $1.6 Million