Facts

Plaintiff Carmen Cruz, 56, filed a personal injury claim against Cruz Nelson Elias Hernandez and FCP Inc., for an incident that occurred on Nov. 12, 2011.

PLAINTIFF'S CONTENTIONS:
Plaintiff's boyfriend, Cruz Nelson Elias Hernandez, was an independent commercial truck driver and was scheduled to pick up a load of structural steel from FCP and deliver it to another vendor. Plaintiff accompanied Hernandez to keep him company. By the time the FCP employees instructed Hernandez to drive his trailer into the yard, it was nearly sunset, and the light was fading. Plaintiff claimed that the FCP employees improperly stacked and overloaded the beams and pallets onto the trailer. After FCP employees loaded the truck, Hernandez drove the truck outside of the yard and parked it for the night, sleeping in his truck.

On the following morning, Hernandez arrived at his destination and began to remove the chains and straps affixed to the load in preparation for unloading. Without Hernandez's knowledge, plaintiff came alongside the truck to assist him in wrapping up the straps as he removed them. As she did so, a 14-foot, 400-pound structural steel beam fell from the trailer, striking plaintiff's right foot. The beam fell approximately 10 feet and crushed plaintiff's foot, requiring partial amputation.

Plaintiff claimed that the metal beam fell because FCP overloaded and improperly loaded Hernandez's truck, causing an unsafe condition. Plaintiff also claimed that Hernandez did not take appropriate safety measures despite his knowledge that the truck was overloaded.

Injuries

Plaintiff claimed past and future medical expenses, past and future loss of earnings, and past and future pain and suffering, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress.

Result

The case settled for $2 million as follows: $1 million policy limits from Hernandez and $1 million from FCP.

Other Information

FILING DATE: June 14, 2012.