On December 3, 2019 plaintiff truck driver was contracted to pick up a loaded commercial trailer at a tire facility and have it transported to a tire distribution company. Upon plaintiff’s arrival to the destination on December 4, 2019 , plaintiff proceeded to open the trailer doors whereupon approximately seventeen over-sized tires fell on top of plaintiff. As a result, the driver sustained severe injuries including but not limited to neck compression fractures, and injuries to is left and right shoulders. The plaintiff underwent a kyphoplasty procedure for his neck compression fracture, a right shoulder surgery and a left shoulder joint replacement surgery. After a thorough investigation of the scene and through witness accounts, reports showed that the tire maker company, the tire distributor company, and the tire loading company unsafely loaded the tires into the commercial trailer and failed to supervise and enforce their safety protocols. Defense counsel argued that plaintiff was negligent by not inspecting and securing the load prior to accepting carrying the load, and was negligent by not opening the trailer door or doors correctly and/or safely. Counsel for plaintiff argued that defendants failed to establish and enforce reasonable and adequate policies and procedures to be followed by its employees and agents to ensure that loads were immobilized and secured in a reasonably safe manner; the defendants failed to conduct an adequate inspection of the load upon completion of the loading of the shipment into the trailer; and the defendants failed to use proper packing materials to secure the tire load for transport over the roadway by tractor trailer. Paid: $4,000,000.00 prior to trial.
