Fixing blame on the right party gets victim $3 million settlement - not workers comp

Our client, a 35-year-old male, was unloading a truck filled with food when the vehicle’s ladder collapsed and he fell.  The initial injury, a badly fractured ankle, was just the beginning.  Nerves were damaged and he developed chronic pain syndrome – a combination of constant pain, decreased function, and decreased physical abilities.  This left our client permanently disabled and unable to work.

To help our client obtain an optimal recovery – one that would adequately provide for him and his family – it was essential to show that it was the food distribution company, and not his employer, that was liable.  If the employer was responsible, our client would be limited to workers’ compensation, which would hardly cover his expenses and losses.  Our strategy was to focus on the ownership and control of the truck.  Over the course of many depositions – including those of truck mechanics and the victim’s supervisors – we were able to show that it was the food company that had control over the truck’s use and repair.  We then called in medical experts to show the cause and extent of our client’s nerve injuries.  In the end, the food company settled for $3 million – providing the security and future that this needless injury had imperiled.