$1,210,000 Construction Accident

$1,210,000

Construction Accident

Our client, a 57-year-old mason, was helping a family friend move some items inside and outside a warehouse when the owner decided to use second forklift to pull the another forklift out of the mud. In attempting to pull the stuck forklift, the forklift he was operating slid sideways and injured our client who was watching this operation. He suffered a pelvic fracture amongst other injuries. Jim Lynch filed suit against the company that owned the warehouse and the forklift operator. Although our client was not employed at the warehouse when this accident occurred, the defendants tried to argue that he was an employee and that the claim was barred by the worker’s compensation statue. They further argued that our client was responsible for the accident as he was too close to the forklifts during this operation.

In light of these defenses, prior to trial, the defense offered $400,000 to settle the case. This offer was rejected and the case proceeded to trial.

Mr. Lynch retained the services of an engineer with an expertise in forklift design and operation. Through this testimony, Mr. Lynch was able to establish at trial that the defendants were responsible for our client’s injuries. Further, despite the contentions of the defense, the jury agreed with Mr. Lynch that our client was not an employee of the defendants. After a substantial verdict and an appeal, Mr. Lynch was able to settle for $1,210,000, which included a waiver by the insurance company of $184,000 workers’ compensation lien.