Partner José Hernandez once again achieved another settlement in excess of $1 million after his client sustained catastrophic neck injuries as he was attempting to enter his tractor trailer with a forklift to unload carpets he delivered to the defendant’s warehouse. Our investigation revealed that the forklift mast was one inch above floor and struck the edge of the metal floor plate in his trailer, abruptly stopping the forklift and catapulting his head against the forklift’s steel roof.
The defendant installed oversized eight-inch-thick dock bumpers to protect the outside wall of their building. These oversized dock bumpers created an extremely dangerous condition as the tractor-trailer could not properly pull up to the loading dock, preventing a smooth transition for the forklift between the warehouse and the trailer’s floor. Through a comprehensive litigation plan, aggressive and creative lawyering, and the selection of the best available experts, José was able to prove that the defendant failed to comply with ANSI and basic industry standards pertaining to loading dock operations, which allowed this unfortunate incident to occur.
As result of the defendant’s negligence, our client underwent a two-level cervical spine fusion surgery and continues to suffer from pain and limitations. He was unable to return to work and will live with debilitating and life changing injuries for the rest of his life.