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ARTICLE ID 199566

$________ – EMPLOYER’S LIABILITY – FORKLIFT NEGLIGENCE – EMPLOYEE NEGLIGENTLY OPERATES MACHINE, STRIKING PLAINTIFF WHO WAS STANDING BEHIND FORKLIFT, KNOCKING HIM DOWN AND RUNNING HIM OVER – AGGRAVATION OF PREEXISTING VASCULAR CONDITION THAT HAD PREVIOUSLY REQUIRED SURGERY.

Middlesex County, NJ

This case involved a male plaintiff mechanic, age in his 50s. The defendant’s employee came to the plaintiff’s employer’s premises in order to pick up a forklift to transport it to another location. The plaintiff intended to load the forklift onto the flatbed tow-truck. While the plaintiff was conducting his pre-movement inspection, the defendant’s employee negligently entered the forklift, started it with his foot on the reverse pedal, and struck the plaintiff, stopping the forklift on his left leg for a brief period of time. The defendant contended that the plaintiff was comparatively negligent in standing in the path of the forklift that could move backwards.

The plaintiff denied that this position should be accepted. The plaintiff further established that the defendant had no prior experience operating a forklift and claimed that he should not have attempted to move it. The plaintiff had been previously diagnosed with a left leg vascular condition requiring surgery.

The plaintiff maintained that he had been asymptomatic since the time of the recuperation from the prior surgery and that because of this trauma, he suffered a particularly severe occlusion in a vein running from his left hip to left knee. The plaintiff suffered complications after the first vascular surgery that was done after this accident, and immediately underwent a second vascular surgery. The plaintiff required several additional vascular surgeries in the ensuing 2.5 year period.

The plaintiff contended that because of the vascular and orthopedic injuries that included a femur fracture and knee injuries that required surgery, as well as a lumbar herniation and lumbar bulge that were treated conservatively, he did suffer permanent pain and limitations including, but not limited to the inability to bend the left leg to a certain degree.

The plaintiff returned to his job as a mechanic approximately three months after the accident. The defendant denied that the vascular condition was permanently aggravated. The plaintiff contended that irrespective of the issue of whether the underling vascular condition was exacerbated, it was abundantly clear that that the underlying condition rendered him more likely to suffer a very significant vascular injury from this traumatic event.

The plaintiff also asserted that the highly traumatic incident in which he was knocked down and run over by a forklift caused PTSD that was manifesting in anxiety and depression, nightmares, and flashbacks of the event. The plaintiff continues to undergo psychotherapy and the plaintiff’s expert psychiatrist would have testified that the condition is permanent.

The injuries the plaintiff suffered effected his ability to care for his adult disabled child.The case settled prior to trial for $________.

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