Facts

On Feb. 12, 2007, plaintiff Donna Zegerman, a 37-year-old regional sales account manager for floral importer, went downstairs to the storage warehouse which housed flowers imported by her employer to check the status of the shipment. The warehouse was controlled by the defendants who employed forklift operators to place the products of various tenants, such as Zegerman's employer.

The defendants had placed the flower shipment next to a hallway that was separated by opaque plastic strips commonly used to separate cold storage areas.

While Zegerman was standing, in a bent over position, inspecting the numbers listed on the crated boxes of flowers, defendant Joel Gonzalez drove a forklift, in reverse, through the plastic sheeting into the cold storage area, striking Zegerman and causing injuries.

PLAINTIFF'S CONTENTIONS:
Zegerman contended that the defendants were responsible for the negligent conduct of Gonzalez.

DEFENDANT'S CONTENTIONS:
The defense contended that Zegerman and her employer were primarily at fault given Zegerman's experience at the facility for six years. The defendant claimed that Zegerman put herself in danger by standing in the doorway with limited visibility. The defendant also disputed the nature and extent of Zegerman's injuries.

Specials in Evidence

$192,000 paid by workers' compensation. $9,000 $60,000

Damages

Zegerman was unable to work for six weeks and then part time for six weeks.

Injuries

Zegerman sustained a closed calcaneal fracture, skin avulsion of the left lower extremity exposing the posterior and lateral compartments, laceration of first left foot webspace, non-displaced bimalleolar left ankle fracture, left knee injury, right hip fracture and bruising. As a result of her injuries, she suffered depression, disfigurement and scarring.

Result

The case settled for $1,850,000. Workers' compensation lien settled to the benefit of Zegerman for $31,522 and no credit for lifetime medical would be claimed against the settlement.

Other Information

The intervenor's and workers' compensation cases settled in May 2009. FILING DATE: Aug. 23, 2007.