Facts

On Aug. 10, 2013, at 6 a.m., plaintiff Victor Ayala, a 44-year-old truck driver, was hit by a pallet jack operated by defendant's employee who was acting in the course and scope of his employment with defendant at the time of the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was negligent through its employee in carelessly driving the pallet jack onto plaintiff's foot, causing plaintiff to sustain a crush injury and an inversion injury to his ankle.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff failed to mitigate damages because plaintiff had surgery two years after the subject accident. Defendant also disputed the necessity of plaintiff's medical treatment.

Settlement Discussions

No offer at mediation. First and final offer on eve of trial $100,000.

Specials in Evidence

$12,188 $23,200 $20,000

Injuries

Plaintiff suffered torn ankle ligament with outpatient surgery.

Result

The jury found in favor of the plaintiff and awarded him $194,612.

Other Information

According to defense, there was also a stipulation given to the jury that the plaintiff-in-intervention was entitled to receive $54,430.16 for workers' compensation benefits it paid to plaintiff. This amount was included in the total verdict of $194,612, which was awarded to both plaintiff and plaintiff-in-intervention. FILING DATE: Oct. 3, 2014.

Deliberation

two hours

Length

three days