Published:
August 13, 2007
$1.07 million settlement On Oct. 24, 2003, the plaintiff, while
in the course of his employment as a custom kitchen designer and salesperson,
was told by his employer to assist a granite-distribution company with
unloading a shipment of granite. The granite was packed in an intermodal
container which was attached to a chassis and truck cab. While assisting with
the unloading of granite, the employee suffered severe and permanent injuries
when a bundle of granite slabs weighing at least 8,000 pounds toppled over and
fell against his head, fracturing his face and skull and injuring other parts
of his body. The employee sued multiple defendants and intended to prove that
they were jointly and severally liable to the employee for damages. The
employee sued an Italian granite company, a Swiss shipping company, the
American granite-distribution company, the trucking company that transported
the container, and a crane company. All defendants denied liability to the
employee and several defendants filed cross claims against each other for
contribution. The granite company asserted that it packed the granite properly.
It asserted that the distribution company, as well as the employee's failure to
unload the granite properly, caused the accident. The shipping company asserted
that the 20-foot, open-top cargo container was in all relevant respects fit for
its intended purpose and suitable for the carriage of the cargo. It also
asserted that the distribution company, as well as the employee's failure to
unload the granite properly, caused the accident. The distribution company
asserted that the accident was caused by the substandard packaging materials
and design provided by the granite company. It asserted that the instability of
the shipment was exacerbated by the defective container provide by the shipping
company with a buckling floor, which contributed to the falling of granite onto
the employee when it was being unloaded in the ordinary course of delivery. It
claimed that the crane company had the only licensed and trained professional
on site and therefore should have recognized the danger of unloading the granite
in the manner in which it was being unloaded. It further asserted that the
trucking company did not properly inspect the defective container, as it was
required to do before taking a delivery, and that the trucking company did not
properly secure the chassis while the "live unload" was taking place.
The crane company said it did nothing to cause or contribute to having caused
the alleged accident. It argued that the distribution company was negligent in
the planning, supervision and conduct during the unloading of the granite
bundles. The trucking company asserted that its drivers conducted proper
pre-trip "circle check" inspections of the container and chassis in
accordance with all applicable regulations and industry custom and practice. It
further claimed that its only duty was to transport and deliver the sealed
container safely to the distribution company in accordance with all applicable
laws and safety regulations, which it claims it did. The employee received
effective medical treatment and made an excellent recovery. He returned to work
after a two-year absence, and his accident was not expected to adversely impact
either his ability to seek future employment or his ability to earn future
income. Mediator Brian J. Mone of Commonwealth Mediation and Conciliation, Inc.
facilitated the settlement. The case settled two weeks prior to trial for $1.07
million. Type of action: Negligence & tort Injuries alleged: Multiple
facial, jaw and skull fractures, complete facial reconstructive surgery,
scarring, over 110 titanium screws and 20 titanium plates inserted into face,
broken neck, right clavicle and right shoulder blade Name of case: Withheld
Court/case no.: Withheld Tried before judge or jury: N/A (settled) Special
damages: $273,004 (past medicals); $100,000 (lost wages) Amount of settlement:
$1.07 million (obtained through non-binding mediation) Date: Feb. 12, 2007 Most
helpful experts: Philip I. Anderson, marine surveyor, National Cargo Bureau,
Inc., New York, N.Y.; Raffi Der Sarkissian, M.D., FACS, Boston Facial Plastic
Surgery, Boston Attorney: Thomas P. Carpenter, Ardito, Sweeney, Stusse,
Robertson & Dupuy, West Yarmouth (for the plaintiff)
|
Type of Action |
Tort |
|
Injuries Alleged |
Multiple facial, jaw and skull fractures, complete facial
reconstructive surgery, scarring, over 110 titanium screws and 20 titanium
plates inserted into face, broken neck, right clavicle and right shoulder
blade |
|
Name of Case |
Employee sustains injuries while unloading granite - Slabs
weighing at least 4 tons fell on his head |
|
Court |
Withheld |
|
Special Damages |
$273,004 (past medicals); $100,000 (lost wages) |
|
Verdict or Settlement |
Settlement |
|
Date of Verdict or Settlement |
12-Feb-07 |
|
Most Helpful Experts |
Philip I. Anderson, marine surveyor, National Cargo
Bureau, Inc., New York, N.Y.; Raffi Der Sarkissian, M.D., FACS, Boston Facial
Plastic Surgery, Boston |
|
Attorney for Plaintiff |
Thomas P. Carpenter, Ardito, Sweeney, Stusse, Robertson
& Dupuy, West Yarmouth |