In this case, our client injured his back when he fell from a truck at a warehouse. Our client was instructed to remove some newspapers from the back of an idling truck. After he did this and was exiting the truck, the truck pulled away, and our client fell from the truck. He suffered a serious injury to his back, which included two surgeries. We sued the owner of the truck. The owner made a number of arguments, including that the worker was to blame for being in the wrong place at the wrong time. The defendant also argued that, even if he did fall, it was only a few feet and that it was unlikely that his back injury was from this accident. In litigating the case, we were able to prove that the truck was responsible for the accident because the driver had a duty to inspect the truck before pulling away and that any such inspection would include ensuring that no workers were still on the truck at the time of departure. Because of the nature of the settlement, the parties agreed to keep their identities private. The case settled on the eve of trial at a private mediation.
Stolzenberg Cortelli LLP