Personal Injury Case Awarded $4.75 Million in Favor of the Floyd Law Firm

Joseph K., a 42 year old driver for a nationally recognized shipping company made local deliveries of large commercial freights via a tractor with a built-in 40 foot trailer and he was a very hard worker. In fact for the last 20 years Joe worked two jobs, seven days a week, in order to provide for his family.

One day, Joe was assigned a trailer to deliver freight in the St. Louis area (as he did nearly every day). The trailer was sealed thus he did not inspect he freight as he began his route. Joe's job was to back his trailer to the customer's dock, open the door and the dock men would unload their freight with a set of forklifts. A delivery receipt would be signed and Joe would close trailer door and drive to the next stop.

Joe had made several deliveries that day. He arrived at his freight destination, pulled up to their dock, opened the trailer door and saw the tires were leaning against the door.  Immediately, Joe told the facility manager that two large tires appx. 650lbs each, had been packed on each side of a pallet that had shifted and were leaning in towards the middle of the trailer on top of the freight to be delivered.

Needless to say, Joe never unloaded the freight. That was the responsibility of each customer's warehouse. Additionally, he had no equipment. Commercial freight industry policy allows the warehouse to refuse any freight that has shifted, is damaged or may be dangerous to move. Joe reminded the facility manager of his right to refuse the freight.

The facility manager told Joe that he was going to accept the freight despite its condition because he needed to ship the freight to a customer the next day. Additionally, the facility manager wanted to get the freight in its warehouse so it could start the storage charges.

The facility manager was very demanding and told Joe he was going to have to assist the freight delivery.

Next the facility manager drove a forklift into the trailer and began to pull his freight that was on the pallets in the middle of the trailer. As the last pallet was pulled, the tire on the right fell in towards the middle striking Joe on the back of his calves, knocking his legs out from him and causing him to fall on his back. The tire, he was told by the facility manager, was secured.  Immediately after, the tire Joe was holding on to fell on top of him.

Joe's right knee was broken and his ligaments in both knees were badly stretched.  Additionally, his ACLs in each knee were detached. Joe also herniated a disc in his neck.  The physical injuries required Joe to undergo a fusion in his neck. Furthermore, Joe's knees are so unstable that he has to walk with metal knee braces. The instability has caused his cartilage to wear out and he now needs knee replacements. 

Joe cannot work anymore and has not worked since the injury.

He had $300k in past medical bills and will need an additional $300k more for future surgery and life long prescriptions and  knee braces. His wage loss will be over two (2) million over his life.

The facility manager of thewarehouse company denied any fault claiming it was not their duty to secure tire. Joe said it was their duty to secure since they told him the tire was secure which convinced him he was not in danger to hold the other tire.

This case was tried in federal court eastern district. The Floyd Law Firm asked the jury for $5 million. Jury deliberation lasted for 1 hour and 15 min and returned a verdict for $5million. Finding the warehouse company 95 percent of fault and joe 5 percent. Thus a net verdict of 4.75 million.