Receiving clerk slips on solvent while attempting to move beam in truck: Negligence: Cervical, lumbar herniations: Settlements

Law Reporter, Dec 2003

WORKPLACE SAFETY

Moller J.B. Hunt, Inc., N.J., Morris County Cir. Ct., No. L-1062-00, Mar. 2, 2003.

Moller, 32, was a shipping and receiving clerk at a home improvement chain. Moller began unloading a truck that had been loaded with merchandise at the chain's transport facility. Among the merchandise in the truck was a can of floor solvent that had been punctured, causing solvent to leak onto the floor inside the truck.

As Moller unloaded the truck, he encountered a dividing beam-used to separate truck contents-that needed to be moved. The contract between the trucking company and Moller's employer specifies that it is the truck driver's duty to shift the dividing beams as needed. Moller could not find the truck driver, so he attempted to move the beam himself. While doing so, Moller slipped on the solvent. His feet went out from under him, his head snapped backwards, and he fell to the floor of the truck.

Moller suffered cervical and lumbar herniations requiring surgical repair. Moller continues to suffer severe pain. He also suffers from a sleep disorder and depression that he attributes to the continual pain. Due to these conditions, Moller is unable to work. He had earned $38,000 per year as a truck driver. His future economic losses are estimated at $1.1 million.

Moller sued the company that owned the transport facility, the trucking company, and the truck driver individually. Suit against the transport facility alleged negligence in puncturing the can while loading the truck. Defendant denied the can had been punctured during the loading process.

Suit against the truck driver alleged negligence in failing to stay with the truck to move the beams, as required by the contract. Suit against the trucking company alleged responsibility for the driver's negligence on a respondeat superior theory.

The trucking defendants contended that plaintiff, instead of electing to move the beam himself, should have attempted to locate the driver, and that plaintiff was negligent in failing to pay attention while unloading the truek.

The parties settled the case before trial. The transport facility and the trucking company will each pay $675,000, for a total of $1.35 million. The settlement with the transport facility is subject to a worker's compensation lien of $101,000.

Plaintiff's experts were Matityahu Marcus, economics, New Brunswick, N.J.; Kevin C. Aurori, orthopedics, Morristown, N.J.; Edmond Provder, vocational rehabilitation, Hackensack, N.J.; and Richard Sostowski, forensic psychiatry, Bernardsville, N.J.

Defendants' experts were James Pascuiti, vocational rehabilitation, Springfield, N.J.; and Robert A. Goldstone, orthopedics, Glen Rock, N.J.

Plaintiff's Counsel

*R. Gregory Leonard, Morristown, N.J.