Plaintiff, an automobile parts worker was injured at work while he was helping a delivery person unload a shipment of transmissions from a truck’s lift gate. Earlier in the day one of the two support chains on the lift gate broke causing instability on the lift gate. At the time of his accident, plaintiff was standing below the truck’s lift gate on the ground helping to balance the lift gate as it was lowering the transmissions. Suddenly, the one remaining lift gate chain snapped causing the shipment of transmissions to fall on top of plaintiff.
As a result of the accident, plaintiff suffered a neck injury requiring a cervical fusion surgery; a back injury requiring a lumbar laminectomy followed by a lumbar fusion surgery; and an exacerbation of a prior knee injury which required surgery.
Defendants argued during the case that the accident was plaintiff’s fault. Plaintiff and his supervisor both testified that he was specifically told not to help with the delivery of the auto parts store because plaintiff was injured doing a similar activity one month prior. Defendants argued that plaintiff’s culpability for the accident was greater than 60%.
Hecht Kleeger & Damashek, P.C., Partner, Jonathan Damashek reached a settlement of $3,050,000.00 prior to trial.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.