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ARTICLE ID 197272

$________ – Truck Loading Negligence – Failure of company contracting with plaintiff’s employer/trucking company for transport of solid waste to railroad yard to provide permanent platform from which workers could place tarpaulin and obviate hazard from using a ladder to do so – While plaintiff is in the process of tarping a truck, a bungee cord attached to tarp breaks and plaintiff falls to ground from ladder – Fracture injuries to ankle – Need for ankle replacement – Ulnar neuropathy – Lumbar herniation – Inability of trucker to work.

Essex County, NJ

This case involved a plaintiff trucker who was 43 years old at the time. The defendant waste disposal company subcontracted the plaintiff‘s employer to transport solid waste to a local rail yard for transportation out of state. The plaintiff contended that the agreement between the employer and the defendant provided for a permanent platform to be erected for the process of tarping and sealing containers. The plaintiff pointed out that the defendant – who owned the truck, bungees, tarp, container, and ladder supplied for the job – failed to provide such a platform and maintained that in the process of manually tarping the truck, a bungee broke, causing the mobile on which the ladder that the plaintiff was standing on to tip over, which caused the plaintiff to fall. The defendant contended that the method used was safe and adequate.

The plaintiff suffered fracture injuries to his left foot and left ankle, as well as injuries to his left elbow and low back. After several surgical procedures on his ankle, he underwent a total ankle replacement surgery. His injuries also included left, non-dominant ulnar neuropathy and necessitated a left elbow ulnar nerve transposition. The plaintiff further contended that he suffered a lumbar herniation that was confirmed by MRI, and which necessitated multiple epidural injections.

The plaintiff maintained that he will permanently suffer pain, difficulties ambulating and has an antalgic gait. The plaintiff contended that he can no longer work as a truck driver. He opined that his talents and inclinations gear him towards physical work and that he will have great impediments in any attempt to find alternative employment. The case settled prior to trial for $________

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