Facts

The plaintiff, a 38-year-old male, drove an 18-wheeler to defendant's refinery in order to pick-up 79,000 pounds of molten sulfur. As he attempted to disengage the heavy loading arm after filling the tanker, he lost his footing and his left foot went into the opening on the tanker where he sustained third degree burns on his left lower extremity.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant failed to properly fit and lube the loading arm so that it could be placed in the tanker, and that there were prior complaints concerning the operation of the loading arm.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was aware of problems with the loading arm and was comparatively at fault.

Specials in Evidence

$40,000 $15,000

Injuries

The plaintiff suffered third degree burns to 3 percent of his body. He underwent an autograft from his left thigh to the burn area on his lower extremity.

Result

The case settled for $340,000 after second mediation session with Jeffrey Krivis.

Other Information

Defendant brought a motion for summary judgment based on the "Privette" doctrine that holds a property owner who employs an independent contractor who is eligible to receive workers compensation is not liable if the employee is injured. FILING DATE: Jan. 15, 2009.