A truck driver suffered a severe knee injury in 2017 when he fell on uneven pavement while exiting his truck at a fuel terminal. The driver, 49 on the date of his injury, sued the operator of the fuel terminal alleging negligence.
The uneven pavement was located in an area where truck drivers exit their vehicles. The plaintiff alleged that that made the uneven pavement more dangerous, because drivers exit their trucks by climbing backward with three points of contact on the truck at all times.
The defendant alleged that the uneven pavement was part of a spill containment system and was required by law. It further argued that the uneven pavement was only an elevation change of one to two inches and was green and yellow to warn truck drivers of the potential hazard.
The company also contended that the uneven pavement had been there for decades and it was not aware of any prior incidents. Finally, the defendant argued that the plaintiff was comparatively negligent for not looking where he was stepping as he exited his truck.
The plaintiff alleged that he suffered a severe knee injury that required years of ongoing medical treatment, including three surgeries. He further alleged that he was totally disabled for several years as a result of his injury and could never return to his prior work as a truck driver. Instead, the plaintiff returned to work in a part-time capacity in a school cafeteria.
The defendant argued that the plaintiff’s injuries were degenerative in nature and were not the proximate cause of his inability to return to his prior work as a truck driver.
The workers’ compensation claim settled for $450,000. The third-party liability claim went to mediation and settled for $675,000. The combined total recovery was $1.125 million.
The workers’ compensation carrier asserted a significant lien against the third-party case. Plaintiffs’ counsel, however, were able to obtain an 83 percent reduction of the workers’ compensation lien with no future Hunter offset.
Action: Negligence and tort; workers’ compensation
Injuries alleged: Knee injury requiring surgeries
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (mediated)
Amount: $1.125 million
Date: March 1, 2023
Attorneys: Jason R. Markle, Anthony J. Gill and Brian R. Sullivan, of Keches Law Group, Milton (for the plaintiff)
e
Credit: Source link
