Results & Recent Verdicts

Case Name: Factory Worker v. USA Truck, Inc.
Type of Case: Personal injury Court: U.S. District Court-Portland
Judge: Singal
Docket #: 05-41 GZS

Facts: Defendant backed tractor trailer up to loading dock at Portland Air Freight. Plaintiff was an employee of PAF who met the truck. He asked the driver trainer if the truck was "all set". He proceeded to begin unloading the truck with a forklift, as he backed out the truck rolled away from the dock. The forklift got hung up, Plaintiff jumped to the pavement just before the forklift fell to the ground. Defendant failed to engage the air brakes or chock the truck. Defendant argued Plaintiff was at fault for the accident by not independently checking the truck brakes and chocks, and jumping from the forklift. Jury found no comparative negligence.

Damages Alleged: Medical bills-$61,761, Marriott Residence-151 days-$16,459, Lost wages- $11,823
Injuries: Fractured left calcaneus, Right tibial Pilon fracture, Loss of consortium
Date of Verdict: 12/6/05
Amount of Verdict: $753,541.00
Insurance Company: Self insured
Settlement negotiations: Mediation, offer $85,000.00, demand $525,000.00
Experts: Plaintiff-Dr. George Babikian, orthopedics, Dr. David Phillips, permanent impairment Defendant-Jeffry Drake-Creston, OH-forklift operation.
Attorneys: Plaintiff-Thomas R. Downing, Hardy, Wolf & Downing, PA
Defendant: Mark Kenny, Freidman, Gathwaite and Leavitt.


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