Facts

Plaintiff Wilfredo Velazquez worked for Sanitary Fill Co. He was operating a forklift at Sanitary Fill Co.'s loading docks, loading a trailer for an AA Trucking Inc. truck, driven by Rupinder Singh. Singh heard a whistle customarily used to indicate to the truck drivers that they were free to leave, and pulled his truck away from the loading dock. Plaintiff's forklift was still inside the back of the truck and fell out of the trailer when Singh pulled away. The forklift wedged itself between the loading dock and Singh's trailer. Plaintiff was removed from the forklift by emergency personnel.. Plaintiff filed suit against AA Trucking and Singh for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff's safety expert claimed that Singh should not have moved the truck without first making eye contact with plaintiff.

DEFENDANT'S CONTENTIONS:
Defendants claimed that Singh had followed the customary loading procedures at the Sanitary Fill facility. They contended that plaintiff was comparatively liable for his failure to follow safety procedures. Their safety expert opined that Sanitary Fill lacked adequate safety policies and procedures as well, and suggested that the company should have utilized visual signals to alert workers that trucks were departing. Defendants further contested plaintiff's claimed injuries. They alleged that plaintiff's injuries were due to a pre-existing, degenerative back condition and a later accident resulting from plaintiff's driving a forklift over a telephone book. Also, because plaintiff did not return to work after the later accident, the defendants disputed plaintiff's lost wage claim.

Specials in Evidence

Plaintiff sought $94,707 in medical specials. Plaintiff requested $201,000 in past lost wages. Plaintiff does not have a high school diploma and lacks basic English skills. He contended he would only able to obtain minimum-wage employment after the accident and demanded $587,000 in future lost wages. Plaintiff requested $100,000 for future medical expenses, including possible cervical or lumbar fusions.

Damages

Plaintiff requested $165,000 for lost household services because he was unable to work around the house, due to his back.

Injuries

Plaintiff sustained chest contusions and disc herniations at L3-4, L4-5, and L5-S1. He was diagnosed with lumbar stenosis and facet joint arthropathy at L4-5 and L5-S1. He was treated with several epidural and facet steroid injections.

Result

The parties settled for $360,000.

Other Information

A worker's compensation lien claim that Sanitary Fill filed against AA Trucking was also settled in this action. Plaintiff and defendant settled around the workers' compensation lien.