Eagles v. Albertsons
- Resolution Date:
- December 2005
- Practice Areas:
- Industrial Accidents, Premises Liability
- Synopsis:
- In September 2000, fifty-eight year-old James L. Eagles was working as a truck driver for Kings County Truck Line. On the day of the accident, he was making a delivery to Albertsons, Inc.'s Brea Distribution Center. After arriving at the warehouse and while speaking to a receiver on the loading dock, a 9,200-pound stand-up electric forklift owned by Albertson and operated by an Albertson's employee ran over his left foot. The forklift crushed his foot and trapped James Eagles under the forklift for about five minutes. The Albertson's employee claimed that he lost control of the forklift due to an electric malfunction, which resulted in a loss of power steering and power braking. The employee did not use the forklift's emergency brake, which would have brought the vehicle to an immediate stop. James Eagles contended that the operator was negligent. The firm, recognizing that the forklift was not defective, dismissed the forklift manufacturer before trial. Albertson's persisted with its claims of contribution against the forklift manufacturer. The jury determined that the forklift was not defective and that Albertsons was responsible for James Eagles' harm. The case tried to verdict and the verdict was upheld following an unsuccessful appeal by Albertson's.
- Attorneys:
-
Cynthia McGuinn
Miles Cooper
- Resolution:
- $6.4 Million