Plaintiff in this case was a 45-year-old laborer who received a serious wrist and arm fracture at a construction site. The case involved both a defective product and construction site negligence claim because a loading dock was built without an appropriate mechanism for truckers making deliveries to get up and down off the dock. In this case, plaintiff fractured his arm while attempting to come down off the loading dock.
The defense claimed that the dock was not defective and that the injury was due solely to the plaintiff’s negligence, in not stepping down from the loading dock carefully.
The law offices of Winer, McKenna & Burritt, LLP, retained a safety expert who testified that the loading dock was improperly and dangerously designed.
RESULT: Settlement on behalf of plaintiff for $285,000