Truck driver struck by load of pipe: Failure to provide safe place to load truck: Pelvic fractures: Structured settlement

Law Reporter, Aug 2003

Hemphill v. Texas Gas Transmission Corp., La., 2d Jud. Dist. Ct., Claiborne Parish, No. 34,096, Sept. 14, 2002.

Hemphill, 28, was working as a truck driver. Hemphill went to a plant to pick up a load of pipe. While attempting to load Hemphill's truck, the plant's forldift operator lost control of the pipe. The pipe rolled onto Hemphill.

Hemphill suffered pelvic, tibia, and fibula fractures; a ruptured bladder; a collapsed lung; and other internal injuries. As a result of his injuries, he has a prosthetic hip and suffers from sexual dysfunction. Hemphill's past medical expenses were paid through workers' compensation. His future medical expenses are estimated at between $1.2 millon and $3.9 million.

Hemphill, who had earned $12 per hour as a truck driver, is unable to return to work. His lost past wages were $215,000 and his future lost wages are approximately $1 million.

Hemphill and his wife, individually and on behalf of their minor children, sued the forklift operator and his employer. Suit alleged failure to provide a safe place to load the truck, failure to take preventive measures, and failure to instruct and supervise employees in the proper procedure for loading pipe, among other things.

The parties reached a settlement for $5.5 million, a portion of which will be structured. Defendant agreed to waive the workers' compensation lien of approximately $800,000. The total value of the settlement exceeds $11 million.

Plaintiffs' experts were Bradley Closson, forklift operations, San Diego, Cal.; Glenn Hebert, vocational rehabilitation, Lafayette, La.; and Randolph Rice, economics, and Robert Gisclair, life care planning, both of Baton Rouge, La.

Defendants' experts were Bill Purcell, liability, College Station, Tex.; Jane Matson, life care planning, Norwalk, Conn.; Pat Culbertson, economics, Baton Rouge, La.; and Richard Galloway, vocational rehabilitation, Natchitoches, La.

Plaintiffs' Counsel:

*Gary J. Arsenault, Alexandria, La.