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Pole at loading dock strikes, injures truck driver's back
$550,000 settlement
The plaintiff truck driver was making delivery to a department store. The delivery was through a loading dock that had to be opened from the inside. After backing his truck to the door, the plaintiff went into the main door of the store, and then he and the store manager went to the dock area.
The manager began to pull open the loading door, and, as the plaintiff bent to open the latch of his truck, the manager, standing behind him, knocked over a long pole with a sign attached that had been leaning by the door. The pole struck the plaintiff on the back, necessitating later surgeries that included implantation of a spinal stimulator.
Numerous depositions were conducted. Causal relation became a major issue as the plaintiff was actively treating for a back condition at the time of the accident. Spoliation of evidence was an issue as well.
Just prior to trial, after two days of mediation, the case was settled. The defendant paid $550,000, and the workers' compensation carrier waived its $200,000 lien.
Action: Premises liability
Injuries alleged: T7-8 herniation, T5-6 and T6-7 disc protrusion with cord impingement
Case name: Withheld
Court/case no.: Suffolk Superior Court, no. withheld
Jury and/or judge: N/A (mediated)
Amount: $550,000
Attorneys: Martin Kantrovitz and Andrew Pasquina, Law Offices of Martin Kantrovitz, Boston (for the plaintiff)