Todd Reber v. Lovejoy Steel - 2003
Plaintiff was
employed at Lovejoy Steel in Portage County as a material
handler and saw operator. As part of his job responsibilities,
he was required to work within steel bar bin racks.
As Plaintiff was in the process of moving steel bars
within the racks, a several ton steel bar rolled out
of the rack onto Plaintiff's foot. Plaintiff sustained
a serious crush injury which led to a complete transmetatarsal
amputation. Suit was filed against Plaintiff's employer,
Lovejoy Steel, based upon their knowledge of a dangerous
condition; knowledge that if an employee was subjected
by his employer to such dangerous condition, harm would
be a substantial certainty, and that Lovejoy Steel,
under such circumstances and with such knowledge, did
act to require Mr. Reber to work within the dangerous
condition.
Jury Verdict: $700.000.00 Workplace Injury Premisis Liability
Estate of Gregory K. Rhoades v. Summit Tower Services Inc., et al. - 2002
Decedent,Gregory
Rhoades, worked as a tower erector for Defendant Summit
Tower Services. In October 1998, Summit was contracted by
Defendant GPD Services to erect a 180-foot cell tower in
Newton Falls, Ohio. Toward the end of the project, Mr. Rhoades
was working at the top of the tower when he began the process
of rappelling down the tower and suddenly lost control, falling
180 feet to his death. Suit was filed against Summit Tower
based upon their knowledge of a dangerous process on their
job site; knowledge that if an employee was subjected by
his employer to such a dangerous process, harm would be
a substantial certainty, and that Summit Tower, under such
circumstances and with much knowledge, did act or require
Mr. Rhoades to continue to perform the dangerous process
of rappelling. Suit was also filed against GPD Services,
based upon the theory that as a general contractor, GPD
Services, actively participated in directing the activity
that resulted in Mr. Rhoades' death.
Settlement: $375,000.00 Product Liability Wrongful Death Workplace Injury
Estate of John Doe v. Company X - 2002
Mr. Doe was an employee of Company X, working as a maintenance man. While repairing the Acrash@ of a Garnett/Lapper machine, Mr. Doe was underneath the machine, which was neither locked out nor tagged out. Company X preferred that the machines not be locked or tagged out when repairing a crash because it slowed down production. The machine crash was cleared and Mr. Doe was caught by the neck between the Lapper roller and shaft and was asphyxiated. Company X reported the death as a heart attack rather than a strangulation. Mr. Doe=s family alleged a violation of workplace safety regulations and an employment intentional tort.
Settlement: $1,350,000.00 Wrongful Death Workplace Injury
John Doe v. ABC Corporations - 2002
Plaintiff
was a salesman working for a general contractor who placed
him in the role of Job Superintendent on a building site.
He was requested by a subcontractor to climb a 14-foot A-frame
ladder to paint piping. While atop the ladder, he leaned
on the piping, which was secured by ceiling hangers, and
the piping moved causing him to fall 14-feet landing on
his head, resulting in a traumatic brain injury.
Plaintiff
suffered post-traumatic seizures with cognitive dysfunction
with a subsequent behavioral disorder, resulting in uncontrolled
fits of aggression and damaged short-term memory. Plaintiff
alleged negligence on the part of the 3rd party subcontractor,
Defendant contended Plaintiff caused his own injury and
that he was a loaned servant which provided Defendant immunity
from suit.
Settlement:$4,530,000.00 Workplace Injury
Leyland Hoyle v. Murlon T. Lile Trucking Co. - 2000
Mr.
Hoyle was an over the road truck driver hit from behind
by another truck on the freeway. As a result of the impact,
he suffered a concussion and an abdominal hernia. The insurance
company for the Defendant would not pay for the $7,000 property
damage to repair Mr. Hoyle's truck or for the $6,000 in
medical costs for surgery to repair his hernia. As a result,
Mr. Hoyle could not work, and his truck was repossessed
because he could not make his loan payments.
Jury Verdict: $178,881.00 (case settled after verdict for $195,000.00 pending motions for pre-judgment interest and costs) Accident- Motor vehicle Workplace Injury
The Estate of Max Harrell (deceased) v. Gaylord Foundry
Equipment Co., et al. - 1998
Plaintiff Max Harrell, deceased, was a 61-year-old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack, which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.
Settlement at Trial: $575.000.00 Wrongful Death Workplace InjuryProduct Defect
Jeff Dawson v. Midwest Plastic Fabricators, et al. - 1997
Plaintiff was a passenger on a single engine plane which crashed shortly after takeoff en route from Atlanta to Cleveland,. The pilot was killed and Plaintiff suffered broken bones and was burned over parts of his body. Eventually, part of his left leg was amputated. Defendants contended Plaintiff deviated from the course and scope of his employment and was not permitted to receive benefits from the Ohio workers= compensation fund. Plaintiff claimed he was working at the time of the crash discussing business with the pilot of the plane who was a co-employee.
Jury Verdict: Plaintiff entitled to receive full benefits Workplace Injury
The Estate of John Blaney v. Rick Scott Trucking Company, et al. - 1994
Plaintiff was a laborer working on the premises of his employer. Defendants' tractor trailer truck was making a delivery on employer's premises. While backing without appropriate backing warning, Defendants' driver-employee hit decedent crushing him and causing his death.
Judgment: $3,500,000.00 Accident- Motor vehicle Workplace Injury Wrongful Death
