Aurella Johnson v. Overnight Transportation Co.
Type of Injury
CRUSH INJURY TO FOOT
store room clerk
This action settled after Pltf. s case for $200,000.
XIV/49-35 LOADING DOCK ACCIDENT CRATE FALLS ON STORE CLERK S FOOT CRUSH INJURY TO FOOT
SETTLEMENT: Aurella Johnson v. Overnight Transportation Co. 1274/96 Date of Settlement 5/12/97 Orange Supreme
Pltf. Atty: Steven H. Cohen of Finkelstein, Levine, Gittelsohn & Tetenbaum, Newburgh
This action settled after Pltf. s case for $200,000. Pltf., a 42- year-old store room clerk, claimed that on 5/23/94 she was injured when a crate fell on her foot. Pltf. claimed that Deft. delivered a crate to her employer and she told the driver where the forklift was located. She claimed that the driver told her that he was in a rush and asked her to help. The driver moved the crate to the edge of the truck, lost control of it, and the crate fell on Pltf. s foot. The crate weighed approximately 150 lbs.
Pltf. claimed that Deft. negligently unloaded the crate and that it was prudent to use the available forklift to move the crate.
Injuries: crush injury to the foot. Pltf. claimed that as a result of the injury, she walks with an impaired gait and developed low back pain. She was unable to return to work in her field and gained weight. Deft. would have argued that she had received treatment for prior foot problems and low back complaints, that she was heavy prior to the incident, and that she failed to seek job retraining.
Demonstrative evidence: drawings of the foot; model of the spine; medical document; employment records. Pltf. Experts: Dr. Joel Mandel, orth. surg., New Windsor; Edmond Provder, vocational rehabilitation, Manhattan; Dr. George Steiner, orth. surg., Poughkeepsie. Deft. Experts: Dr. Edward Quinn, internist, New Paltz; Dr. James Dickson, orth. surg., Rye.