Worker falls through hole in equipment trailer: Failure to cover hole: Knee injury, subsequent fall with injury: Settlement

Law Reporter, Mar 2004

Hunt v. Hertz Equip. Rental, Inc., N.J., Somerset County Super. Ct., No. L-414-99, June 9, 2003.

Hunt, 57, was a construction worker on a road construction project. While on a trailer used to transport heavy equipment, Hunt stepped into an open hole in the trailer floor. he suffered a tear of the medial meniscus, requiring arthroscopic surgery.

Hunt continued to suffer pain and instability in his knee. Approximately a year after the incident, Hunt suffered another fall, in which he tore the rotator cuff in his left shoulder. His past medical expenses were $41,000.

As a result of the pain and restrictions in his movement resulting from the falls, Hunt alleged he is unable to work. His past and future lost wages are estimated at $190,000.

Hunt sued the company that leased the trailer, and die company that used the trailer on the job site, alleging negligence in failing to cover the hole, which was about 18 inches by 18 inches. Defendants contended that plaintiff was contributorily negligent in failing to watch where he was going.

The parties settled the case before trial for $375,000. Each defendant contributed one-half of the settlement amount.

Plaintiff's experts were Thomas Nordstrom, orthopedics, Bridgewater, N.J.; and Robert Wolf, vocational rehabilitation/economics, Cherry Hill, NJ.

Defendants' experts were Edward Rachlin, orthopedics, Wachtung, N.J.; and Eric L. Fremed, neurology, Englewood, N.J.

Plaintiff's Counsel

*James Lazzaro, Princeton junction, N.J.