Worker sandwiched between two power jacks: Negligent authorization of untrained employee: Back injuries: Settlement

Law Reporter, May 2001

Worker sandwiched between two power jacks: Negligent authorization of untrained employee: Back injuries: Settlement.

Flores v. Ralphs Grocery Co., Cal., Los Angeles County Super. Ct., No. YC 034 326, Aug. 26,2000.

Flores, 29, a beverage delivery truck driver, was using an electric power jack to unload a delivery at a grocery store when he was struck from behind by a power jack operated by Salazar, a store employee. Salazar did not realize he had made contact with Flores and continued to move his power jack forward. Flores became sandwiched between the two power jacks and suffered permanent injuries to his lower back, requiring surgery. His medical expenses totaled $58,000. He had been earning $32,000 annually at the time of the incident and missed 16 months of work.

Flores sued the grocery store, alleging it was negligent in allowing and authorizing an untrained and unqualified employee to receive vendor products and to operate heavy equipment. Plaintiff also claimed Salazar was negligent for failing to notice plaintiff and for colliding with him while operating the power jack.

Defendant claimed plaintiff was at fault for not knowing where Salazar was while operating the power jack. The parties settled before trial for $619,500, including $88,000 for a workers' comp lien.

Plaintiffs Counsel

A.J. Glassman, Woodland Hills, Cal.