Miller v. McGrath Steel Co., Cal., Alameda County Super. Ct., No. 2001-032109, Sept. 4, 2003.
Miller, 53, was delivering a trailer to a steel company. A forklift driver allegedly came around the corner of the building and crushed him between the forklift and the trailer. Miller suffered nine pelvic fractures, a severed urethra, and kidney damage. His spinal cord was also crushed, resulting in incomplete paraplegia. As a truck driver, Miller was earning about $38,000 annually. He is unable to return to work. His past medical expenses were $225,000, and his past wage loss was estimated at $225,000. He claimed $3.2 million in total future economic damages.
Miller and his wife sued the steel company, alleging negligence in allowing the forklift driver to operate a forklift without being trained or certified. They also alleged that the forklift driver was operating at a high speed when he came around the corner. Defendant contended plaintiff had neglected to set the brake on his truck before he got out, and that he was actually chasing after his moving vehicle when he got pinned between it and the stopped forklift. Defendant also argued that the forklift operator was trained and simply lacked the certification paperwork.
A jury awarded about $11.6 million, including $8.75 million in punitive damages, but found Miller 35 percent at fault and reduced the amount accordingly. Miller's wife was awarded $2.5 million, which was also reduced. The court subsequently awarded Miller an additional $540,000 in interest and costs. The workers' compensation carrier was awarded $375,000 in an independent judgment.
Plaintiffs' experts included Thomas C. Christensen, mechanical engineering, San Ramon, Cal; V. Paul Herbert, trucking industry, Quincy, Cal.; Joanna Moss, economics, Berkeley, Cal.; Sean Shimada, biomechanics, Davis, Cal; and Carol Hyland, life-care planning, Lafayette, Cal.
Defendant's experts included Gary M. Hesler, engineering, Livermore, Cal; Winthrop Smith, biomechanics, Livermore, Cal; William Woodruff, accident reconstruction, Mountain View, Cal; and Gerald H. Udinsky, economics, Berkeley, Cal.
Plaintiffs' Counsel
*J. Jude Basile, San Luis Obispo, Cal.
*Finlay J. Boag, Pleasanton, Cal.
Copyright Association of Trial Lawyers of America Apr 2004
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