Joe Truckdriver v. Commercial Plant
- Resolution Date:
- December 2004
- Practice Areas:
- Premises Liability, Industrial Accidents, Trial Associations and Substitutions
- Synopsis:
- On May 1, 2002, Joe Truckdriver was making a delivery to Commercial Plant when a forklift crushed his leg. Commercial Plant employee, Forklift Operator, was driving the forklift. Joe Truckdriver, a life-long driver employed by Trucking Company, was at Commercial Plant to pick up a load of material. When the accident occurred, the forklift was loading Joe Truckdriver's truck. Joe Truckdriver testified that Forklift Operator had stopped loading the truck and stopped the forklift. Joe walked over to Forklift Operator, who was sitting in the forklift and the two had a conversation about loading procedures. Joe was standing next to the forklift, where he was fully visible to Forklift Operator. At the end of the conversation, Joe turned to walk away and took a few steps. Forklift Operator started the forklift before Joe had cleared the turning radius of the forklift. As Forklift Operator accelerated, the rear left wheel of the forklift caught Joe's right foot and lower leg. He suffered a severely broken ankle and serious damage to the lower part of his leg. During the next year, Joe underwent treatment, including multiple reconstructive surgeries and multiple skin grafts. He suffered recurrent infections and continuous pain from his injury. His doctor determined that it was necessary to perform a below-the-knee amputation. On September 15, 2003, doctors amputated Joe's lower right leg. Joe was off work for approximately nine months. Even though he was unable to return to truck driving, his employer rehired him as a trucking dispatcher. The matter settled before trial.
- Attorneys:
-
Cynthia McGuinn
Miles Cooper - Resolution:
- $2.8 Million