Forklift operator falls due to negligence of truck driver. $1.1M. San Bernardino County.

Facts and Background

• Facts and Background:

  On May 19, 2021, plaintiff, working as a forklift operator, was severely injured when the commercial truck he was offloading unexpectedly pulled away from the loading dock.  This resulted in the forklift falling out of the back of the trailer and causing plaintiff forklift driver to hit his head and injure his back and knee. Defendants are the truck driver and the trucking company.

  He was diagnosed with blunt head trauma and back contusion by the ER doctor and then given a post-concussive syndrome diagnosis by his workers comp doctor. Plaintiff treated for two weeks with workers' comp before he asked to be released to go back to work full duty as he feared losing his job.

  When plaintiff sought help from plaintiff's counsel, he had not treated with any medical provider for over a year and a half. However, he continued to experience significant low-back pain with radicular symptoms, persistent headaches, and left knee pain. After receiving chiropractic treatment, plaintiff was referred out for a left knee MRI and a lumbar spine MRI. The imaging of the knee revealed torn menisci while the imaging of his low back revealed five herniated discs with a bulge at L5-S1. He was referred to a pain management/orthopedic clinic where he received one PRP injection in his knee and a surgical referral and three LESI injections at L5-S1 and a surgical referral. He did not follow through on either referral.

• Plaintiff's Contentions:

  While plaintiff was operating a forklift to offload a trailer at a warehouse, the defendant truck driver suddenly pulled his truck away from the loading dock. This unexpected and negligent maneuver caused the forklift and plaintiff to fall out of the back of the trailer. Plaintiff sustained injury to his back, head, and knee. These injuries are now chronic injuries that will last a lifetime.

• Defendant's Contentions:

  Defendants denied liability up to the date of trial and alleged comparative negligence until the last day of trial. Defendants ultimately contended that plaintiff's injuries had completely resolved two weeks after the incident occurred when he released himself from workers' compensation care.