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Forklift runs over delivery man's foot
$1.25 million settlement
The plaintiff, a 49-year-old truck driver, was delivering goods to the defendant's company at approximately 2 a.m. in an open, fairly well-lit, crowded lot. As the delivery was taking place, a forklift ran over the plaintiff's foot.
He underwent numerous surgeries, including amputation of the big toe.
The forklift operator knew the plaintiff was in the lot and would need to enter the defendant's office to complete his paperwork. The defendant maintained that the plaintiff had seen the forklift and had let it pass in front of him.
It was revealed through depositions that the operator had a history of problems with forklifts.
The plaintiff previously had "accepted" a lower offer through other counsel, but later rejected it. The defendant filed to enforce the earlier settlement; however, the case settled prior to that issue being decided.
Action: Negligence & tort
Injuries alleged: Crush injury to foot, amputation of great toe, potential amputation of foot
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (mediated)
Amount: $1.25 million
Attorney: Martin Kantrovitz, Boston (for the plaintiff)