WORK PLACE TRUCK DRIVER FALLS FROM LIFT – CARPAL TUNNEL SYNDROME WITH CHRONIC PAIN
Jury Verdict: $300,000 for Anthony S.; $21,000 for Eileen S. for loss of services; reduced to $270,000 and $18,900, respectively, for 10% comparative negligence of Pltf. Breakdown: $40,000 for past medical expenses; $60,000 for past pain and suffering; $75,000 for past lost earnings; $125,000 for future lost earnings.
- Fracture of the left wrist
- Carpal tunnel syndrome
- Two fractured ribs
- Chronic pain syndrome
- Two operations for the carpal tunnel syndrome
Facts: On 4/15/87, Pltf., a 57 year-old tractor-trailer driver, was making a pickup at Deft.’s warehouse at JFK Airport. The freight at the warehouse was stored on pallets, which are loaded onto the trucks with forklifts. Deft. supplied the truck drivers with power jacks to bring the freight into their trailers. Deft. Joiner was a forklift operator employed by Air Freight Warehouse (both 90% liable). Pltf. (10% liable) claimed that as he placed the power jack on a pallet lying on a forklift behind his truck, deft. Joiner suddenly backed up and raised the lift, throwing Pltf. 6 feet to the ground. The power jack landed on top of him. Deft. claimed that Pltf. asked Joiner for a ride to the ground on the pallet and that he slipped and fell. Demonstrative Evidence: photos of accident site; power jack; hospital records. Deft. also placed a suveillance tape of Pltf. in evidence. Specials: $40,000 for medical expenses and $25,000 for lost earnings. Offer: $150,000; demand: $1,000,000; amunt asked of jury: $1,600,000. Jury deliberation: 2 hours on liability; 3 hours on damages.