Industrial and Construction Accident Case Results

Laborer Lost Arm

Attorney Josh Wright represented a laborer who lost his arm in an industrial accident involving a crushing machine. After extensive litigation that spanned nearly 3 years, Mr. Wright uncovered that the employer had elected to use a local manufacturing company to build and install an inferior material pin that held a1-ton hydraulic ram and crushing planten together. After cycling the machine with the inferior pin, the pin ultimately broke way and allowed the hydraulic ram and platen to separate from each other, falling on the laborer's arm, amputating it. Mr. Wright litigated the case to the day before trial, but it then settled for a confidential settlement amount.

During a delivery of fence pipes, the forklift operator unloading the pipes caused a bundle of pipes to fall on the deliveryman's leg causing a severe injury that resulted in a below-the-knee amputation - Richard Pierce v. Eagle Fence Distribution, LLC, et al. Civil Action Number 2018-903026, Circuit Court of Jefferson County, Alabama

Richard Pierce was a commercial truck driver and was dispatched to deliver a load of fence pipes to Eagle Fence in Jefferson County, Alabama. The load consisted of bundles of fence pipes with approximately 30 pipes per bundle. Richard notified Eagle Fence upon arrival that the fence pipe was ready to be unloaded. Eagle Fence assigned a forklift operator to perform the unloading. While unloading the fence pipe, the forklift operator knocked a bundle of pipes off of the opposite side of the trailer and the bundle landed on Richard's leg. Richard's leg sustained severe injuries, eventually became infected and he was caused to have a below-the-knee amputation.

Attorney Carter Clay filed a lawsuit against Eagle Fence and asserted allegations that the forklift operator negligently unloaded the bundles of fence pipe and that Eagle Fence was vicariously liable for the forklift operator's conduct.

The parties conducted a significant amount of discovery, including depositions. After conducting discovery, the parties agreed to mediate the case in late 2019. At mediation, the case settled for a confidential amount.

Roofer was killed when he fell through insulation on the roof that was unsupported - Estate of Ricky Shumaker v. Progress Rail Services, et al. Civil Action Number 13-900015, Circuit Court of Marshall County, Alabama

Ricky Shumaker was on his first day of a job with his new employer and was assigned to perform roofing work at a Progress Rail Services facility in Marshall County, Alabama. The team of roofers was replacing old metal roofing sheets with new metal sheets. Since it was his first day on the job, Ricky primarily just assisted the other roofers. While retrieving a tool or a piece of equipment on the roof, Ricky fell through unsupported insulation and hit the ground after falling approximately twenty (20) feet. Ricky sustained a traumatic brain injury (TBI) and eventually succumbed to his injuries and passed away.

Attorney Carter Clay pursued a wrongful death claim against Progress Rail Services and uncovered evidence that Progress Rail reserved the right to control how the roofing work was performed from a jobsite safety standpoint. Evidence was present that Progress Rail was supposed to conduct inspections of the jobsite, supervise the roofers and otherwise make sure that the roofers were performing the work in a safe manner.

The claims against Progress Rail involved negligently failing to provide and ensure a safe and reasonable working environment, failing to provide or ensure that suitable fall protection was present and used by the roofers and failing to reasonably inspect, monitor and supervise the jobsite.

Significant discovery, including many depositions, was conducted and as the case proceeded towards trial, a confidential settlement was reached by the parties in 2015.

Man Injured by falling scrap box/Work Place Safety - Donald Hodge, et al. v. Nucor Steel, et al. Civil Action Number 2004-109 in the Circuit Court of Morgan County, Alabama.

Donald Hodge, an employee of Levy/Decatur Mills Services, was operating a 988G Caterpillar loader at Nucor Steel in Decatur. Nucor Steel required Levy to remove a scrap box from their furnace. An employee of Nucor lowered a scrap box onto the bucket of the 988G loader Donald Hodge was operating. The chains that were attached to the scrap box did not release and Mr. Hodge exited the 988G loader to release the chains. During the process of releasing the chains, the scrap box slid off the bucket of the 988G loader, pinning Mr. Hodge's right leg beneath it. Mr. Hodge sustained a crushing injury to his right leg which required amputation below the knee and caused him to be permanently disabled and unable to return to work operating the 988G loader. The Plaintiff claimed that Defendant Nucor Steel was negligent in that they did not have a safe procedure for removing the scrap box, and the Defendant countered that the procedure they used in removing the scrap box was safe.

Josh Wright represented the plaintiff at trial. Part of the settlement was confidential. The non-confidential portion of the settlement was for $600,000.00.

Man Struck by Dump-Truck Door/Work Place Safety - Michael Dennis Reed, et al. v. Waste Away Group, Inc., et al. Civil Action Number 2004-125 in the Circuit Court of Etowah County, Alabama

Dennis Reed was working as a dump truck driver delivering his load to a landfill owned by Defendant Waste Away Group, Inc. Mr. Reed backed his truck into the landfill beside a vehicle owned and operated by Defendants. Mr. Reed exited his vehicle to open the rear door of his truck and begin dumping. The 700-pound door on the defendant's truck beside him unexpectedly flew open, striking Mr. Reed and pinning him to the ground. Plaintiffs claimed that Defendants were negligent in that they failed to properly secure the safety latch, which was designed to keep the door from opening. Defendants did not admit responsibility, and countered that the door opening was out of their control. Mr. Reed severely injured his lumbar back, resulting in a disc fusion surgery on the L4-5 vertebrae. Mr. Reed was permanently disabled by the injury and unable to return to work driving his dump truck.

Settled for $550,000.00.

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