ARTICLE ID 184776
$________ - UNSAFE WORKPLACE - TERMINAL FORKLIFT OPERATOR STRIKES TRAILER AS PLAINTIFF ATTACHES TRAILER CHASSIS - FAILURE OF TERMINAL TO SUPERVISE YARD - LUMBAR HERNIATION - SHOULDER TEAR AND LACERATED SPLEEN RESOLVE WITH SURGERY - RESOLVING RIB FRACTURE.
Middlesex County, NJ
The plaintiff, in his early 60s, who was in the course
of hooking up his tractor to a trailer located in the yard of the
defendant terminal, contended that one of the defendants fork-
lift operators failed to make adequate observations, striking the
chassis as the plaintiff was in the course of connecting the rig.
The plaintiff contended that as a result, he was knocked to the
ground, suffering a fractured rib, lacerated spleen, shoulder
tear and a lumbar herniation. The herniated disc was diagnosed
more than one month later, the defendant denied that this
condition was related to the accident, and pointed to prior low
back complaints that required chiropractor care.
The plaintiff related that he observed many vehicles, including
forklifts, traveling in the yard and that there was no individual
directing "traffic." The plaintiff testified that immediately
before impact, he observed the forklift traveling very close to
the rig. The plaintiff related that the impact between the
forklift and the chassis threw him to the ground and contended
that it was evident that the forklift in question had struck the
rig.
The forklift operator denied in discovery that he had impacted
with the chassis. The defendant could not dispute that an
incident had occurred. The plaintiff elicited testimony from the
witness during discovery that although numerous vehicles were
operating in the area, the defendant terminal had not positioned
an individual to direct traffic. The plaintiff would have argued
both that the denial by this individual of having driven the
fork-lift that struck the chassis, knocking down the plaintiff,
should be rejected, and that irrespective of this factor, it was
clear that the defendant terminal negligently failed to keep
order in the area.
The plaintiff contended that he suffered a lacerated spleen,
shoulder tear and rib fracture and underwent a splenectomy and
arthroscopic shoulder surgery soon after the incident. The rib
fracture and the injury to the spleen resolved and the plaintiff
contended that he will permanently suffer some pain and
restriction in the area.
The plaintiff also contended that the fall occasioned a lumbar
herniation that was diagnosed more than one month after the
incident. The plaintiff contended that conservative treatment was
inadequate and that he then required a lumbar discectomy. The
plaintiff maintained that despite the surgery, he will
permanently suffer extensive pain and weakness and will be
disabled from work. The evidence would have revealed that the
plaintiff has been declared permanently disabled because of the
lower back injury by SSA.
The defendant denied that the herniation was related to the
incident in its yard, pointing to the delay in diagnosis and the
history that included chiropractic treatments to both the lower
back and shoulder. The plaintiff maintained that he did not
appreciate the lower back symptoms earlier because he was
initially more concerned with the other injuries. The plaintiff
also contended that the prior chiropractic treatments were for
maintenance only, that he had always been able to work, and that
in view of the disability that commenced with the incident, it
was clear that it was causally related.
The case settled prior to trial for $________, including
$________ from the defendant terminal and a total of $________
from the plaintiff and his employers UM carriers.
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