Facts

Steven Lawson, a plumber, was checking the depth of a plumbing trench being dug at a construction site. John McDaniel, dba JMC Backhoe, was operating a John Deere backhoe when its bucket struck Lawson's left foot, fracturing his small toe.

Lawson sued McDaniel and his business, Chamberlain Backhoe Service alleging negligence.

Damages

Lawson sought recovery of approximately $10 million in total damages, including $134,000 in past medical costs, $256,000 in past lost earnings, and unspecified amounts for future medical costs, future loss of earnings capacity, and past and future pain and suffering.

Injuries

Lawson was taken to the emergency room by ambulance. He suffered a crush injury to his left small toe, which ultimately had to be surgically amputated approximately one year after the accident. Lawson also developed complex regional pain syndrome (CRPS), known as reflex sympathetic dystrophy, a chronic pain condition, in his left foot. He also claimed that the medications and spinal cord stimulation failed to relieve his pain and damaged his already diseased kidneys. He has not been able to return to work since the accident due to his CRPS.

Result

The jury found McDaniel 100 percent at fault and awarded Lawson in excess of $3.6 million in total damages.