Facts

On Jan. 23, 2014, plaintiff Ernesto Alvarez, a 24-year-old forklift operator was at a trucking yard when defendant's employee proceeded to back up his truck into his dock and struck plaintiff, running him over and dragging him with the passenger front wheel of the truck.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was negligent through its employee in carelessly hitting and running over plaintiff.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff was negligent for the accident as he walked into the pathway of his truck. Defendant further contended that plaintiff's employer was contributory negligent by directing plaintiff to act in an unsafe manner and failing to implement adequate safety policies. Defendant argued that plaintiff's employer failed to adequately discipline or negligently hired plaintiff due to repeated instances of his unsafe behavior on the job. Defendant based contentions on the Cal-OSHA investigation and citation of plaintiff's employer as related to the subject accident.

Injuries

Plaintiff suffered left sacral fracture, right pubic fracture, bladder rupture, chronic back and leg pain. Plaintiff underwent abdominal surgery for hernia.

Result

The case settled for $340,000 via private mediation.

Other Information

MEDIATOR: Attorney Darrell Forgey, Judicate West