Man's leg crushed between K-rails: Negligent operation of crane: Amputation: Settlement

Law Reporter, Dec 2004

Doe v. Row, Cal., Los Angeles County Super. Ct., confidential docket no., Heb. 26, 2004.

Doe, 47, was loading some K-rails onto a truck bed to be taken to a construction site. One of the L-hooks used to load the rails caught on a rail, causing the rail to move. Doe's leg was crushed between two rails, which each weigh two tons. He suffered a crush injury to his leg, requiring surgery. The leg subsequently became infected and had to be amputated above the knee. Hc also suffered the recurrence of a previous back injury.

Doe's past medical expenses were approximately $106,200, and his future medical expenses arc estimated at $2.33 million. An independent truck driver earning about $12,000 annually, Doe has been unable to return to work and will only be able to obtain work at a reduced pay rate in the future. His past lost wages were $75,600, and his future lost wages arc estimated at about $337,500.

Doe sued the crane operation company, which loaded the rails onto the truck bed. Plaintiff alleged defendant was negligent in using the L-hooks in that it knew they were dangerous. Plaintiff also alleged the operator moved the crane without a signal and while plaintiff was on the trailer, violating safe custom and industry practice.

Defendant contended plaintiff was at fault for standing on the truck bed while the rails were being loaded.

The parties settled before trial for about $2.78 million.

Plaintiff's experts included David V. MacCollum, safety and industrial engineering, Sierra Vista, Ariz.; Jerry Hildreth, construction safety, Tehachapi, Cal.; Richard R. Chambers, orthopedics/amputation, Downcy, Cal.; Keith Vinnecour, prosthetics, Van Nuys, Cal.; and Gene Bruno, vocational rehabilitation, Los Angeles, Cal.

Defendant's expert was Richard Rosenberg, orthopedics, Encino, Cal.

Plaintiff's Counsel

* Andrew C. Bryman, Calabasas, Cal.