Delivery worker falls in manhole: Failure to warn: Failure to correct known danger: Herniated disk: Verdict

Law Reporter, Nov 2004

Burrow v. Terry's Supermarket Dev., L.L.C., Tex., Dallas County Ct. at Law No. 1, No. 0209388-A, May 11, 2004.

Burrow, 36, was delivering dairy products to a grocery store. At the delivery dock, he stepped in a manhole that was obscured by water and debris. A doctor later diagnosed him with a herniated disk at L-4 and unstable spondylolisthesis, requiring a 360-degree fusion. His past medical expenses were about $117,900, and his future medical expenses are estimated at $76,000.

As a route delivery supervisor, Burrow had been earning $39,500 annually. Although he has been cleared for work subject to lifting restrictions, Burrow has been unable to find employment. His past lost wages were about $85,800, and Burrow's future lost wages are expected to be approximately $270,000.

Burrow sued the grocery store, alleging failure to warn and failure to exercise ordinary care by correcting a known danger.

Defendant contended it had covered the manhole with a piece of plywood, and that plaintiff had jumped off the dock to the driveway four feet below, landing in the hole.

A jury awarded plaintiff about $970,000. Prejudgment interest and court costs brought the total award to about $1 million.

Plaintiffs expert was George W. Wharton, orthopedics, Dallas, Tex.

Plaintiff s Counsel

*Kim R. Thorne, Grand Prairie, Tex.

John M. Thorne Jr., Grand Prairie, Tex.