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ARTICLE ID 194074

$________ Premises Liability – Hazardous Premises – Plaintiff struck by a forklift operated by an employee of the defendant – Failure to properly operate and control forklift – Contusions, abrasions, and swelling of the lower extremities.

Philadelphia County, PA

In this negligence action, the plaintiff was on the defendant’s premises to pick up food she had purchased for her service organization. As she was standing at the back of her truck, lowering the tailgate, her calves were struck by a forklift being operated by an employee of the defendant. The defendant maintained that it was the actions of the plaintiff that caused the incident in question.

On March 29, ________, the female plaintiff was the director of Food Ministries for Children’s Missions Inc., and was conducting business with the defendant. The plaintiff was picking up food for her organization. After backing her truck up to the loading dock, the plaintiff was walking toward the tailgate of her truck when an employee of the defendant negligently lowered a forklift full of food items onto the plaintiff’s calves. The plaintiff alleged that the defendant was negligent in failing to do the following: Hire competent staff, properly train staff in the loading and unloading of food, properly operate and control a forklift, and warn the plaintiff of the forklift operator’s inexperience. As a result, the plaintiff suffered: Contusions, abrasions, swelling of the lower extremities – particularly the right calf – and exacerbation of multiple sclerosis. The defendant denied all liability and injury, and alleged that the accident was caused by the comparative or contributory negligence of the defendant.The jury found the defendant negligent and awarded the plaintiff $________.

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