Truck strikes man in wheelchair: Failure to keep proper lookout: Vicarious liability: Leg, arm fractures: Verdict

Law Reporter, Apr 2004

Shores v. Waste Mgmt. of Minn., Inc., Minn., Ramsey County Dist. Ct., No. C8-02-2048, Oct. 24, 2003.

Shores, 34, was crossing a street in his motorized wheelchair when a garbage truck struck him. Shores, who suffered from preexisting rheumatoid arthritis, suffered a fractured femur and humerus, requiring surgical correction and over three months of rehabilitation in a nursing home. His past medical expenses totaled approximately $90,500, and his future medical expenses are expected to reach approximately $300,000. A student who had been studying to become a teacher, Shores has been unable to continue his studies. His future lost earning capacity is estimated at $335,000.

Shores sued the waste management company that owned and operated the truck, alleging vicarious liability for its driver's failure to keep a proper lookout. Defendants admitted liability before trial. During the damages phase, defendants argued that plaintiff's ongoing problems were due to his preexisting condition.

A jury awarded plaintiff approximately $1.54 million.

Plaintiff's experts included Andrew Schmidt, orthopedic surgery, and Philip Haber, vocational rehabilitation, both of Minneapolis, Minn.

Defendant's experts included Michael Smith, orthopedic surgery, and Mark Raderstorf, vocational rehabilitation, both of Minneapolis, Minn.

Plaintiff's Counsel

* Fred H. Pritzker, Minneapolis, Minn.

Richard Ruohonen, Minneapolis, Minn.