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$________ - Hardware store negligence - Forklift operator negligence - Truck driver is crushed by 1/2 ton of trusses being unloaded from his truck - Fractures of tibia and fibula - Directed on liability and permanency.

Calhoun County, West Virginia

@INTRO = In this negligence action, the plaintiff truck driver delivering materials to a hardware supply store contended that he sustained severe fractures to his leg when a forklift operator negligently dropped a load of trusses on his leg. The defendant argued that the plaintiff was in an area where he should not have been when the incident occurred and that the plaintiff was, therefore, contributorily negligent.

On May 11, ________, the plaintiff truck driver employed by Babcock Lumber was delivering an order of 26-foot King pole trusses to the defendant hardware store. While the plaintiff was attempting to leave the area, the forklift operator employed by the defendant lost control of the forklift, dumping the bundle of trusses weighing approximately one-half ton on the plaintiff’s leg. The plaintiff sustained severe fractures of the tibia and fibula as a result of the incident. As a result of his injuries, the plaintiff had to have a titanium rod inserted from his knee to his ankle to stabilize the leg. He lost significant mobility in his leg and also sustained permanent nerve damage.

The plaintiff brought suit against the defendant alleging that the defendant was negligent in permitting a forklift operator who was uncertified and untrained on the machine to operate it. The defendant countered that the plaintiff was contributorily negligent in that he was in the unloading area when he should not have been. The plaintiff maintained that in order to leave the loading area, he had to traverse this unloading area and that was what he was doing at the time that the forklift operator lost control and dropped the bundle of trusses on his leg.

At the conclusion of the three-day trial, the jury deliberated for approximately two hours before returning its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff and his wife the total sum of $________ consisting of $________ in past pain and suffering, $________ in future pain and suffering and $________ in future lost wages.

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