$5.6M Verdict | Tractor-Trailer Crash | New York This is a distracted driving case involving a tractor-trailer driver’s choice to ignore road
This case involves a delivery driver who fell approximately nine feet from an elevated platform while making a delivery, resulting in serious injury.
There is a hydraulic-powered lift platform that moves vertically between the floor and the elevated loading dock at this particular location. The lift includes protective barrier guards, interlocked safety gates, safety devices, controls, and an elevated loading dock platform. The electrical controls for the sliding safety gates had been modified and overridden to allow for a more speedy delivery.
Without the safety gates in place, the claimant fell nine feet while unloading his trailer. He suffered a catastrophic injury to his right leg and foot, which resulted in a below the knee amputation.
Attorney Ken Fromson retained TTS for assistance with this case. A Focus Group was conducted to test liability, negative attribution, damages, and life care plans. A Biography was created to showcase damages. Medical Illustrations, Medical Chronologies and Summaries of all treatments were created to showcase the plaintiff’s injuries and subsequent amputation. Additional information was gathered through Verdict Searches, Government Database Investigations, DME attendance, Lien Resolution, and more.
Total Trial Solutions worked alongside Attorney Finkelstein and Attorney Fromson for more than three years before the resolution of the case. Here is a quick summary of the work we did.
A Focus Group was held early on to gauge jurors’ initial reactions to the design of the lift, the safety of the lift, the injuries that could result from using a lift such as this, how injuries could be prevented, and who’s responsible when someone is injured. Attorneys Andrew Finkelstein and Ken Fromson were able to identify any negative attribution associated with their client and create a strategy to swiftboat it.
Focus Groups were later conducted to evaluate damages suffered by the injured party. Jurors were asked how much the injured party deserves in terms of a monetary award and why. Both attorneys wanted to ensure the client received the compensation he was entitled to without overreaching.
Client Biographer, Sarah Lunham, spent hours at the injured party’s residence getting to him and his family. She learned about his contributions to home and family, his interests, hobbies, and where he saw himself in the future prior to the date of the accident. Sarah spoke with the individual about the challenges he faced as a result of his injuries and amputation. She interviewed his former colleagues and close friends and gathered examples and evidence to support non-economic damages.
In this case, the injuries were so severe, the plaintiff was forced to amputate part of his leg. Both attorneys requested the assistance of TTS Medical Illustrators to create illustrations that reflect the damage done to the leg, as well as, the process of removing it.
Illustrators reviewed hospital and surgical records and came up with a game plan to help jurors visualize complex medical matters and procedures. We wanted to ensure that jurors understood the extent of the individual’s injuries, which ultimately led to amputation.
The visual strategy team worked one-on-one with the attorneys to ensure they had the necessary exhibits they needed for trial. Our specialist enlarged X-ray and MRI films, charts, and even photographs to ensure exhibits were easily seen and understood.
The injured party accrued a large capacity of medical records over the course of several years from hospitals, laboratories, urgent care clinics, rehabilitation centers, and much more.
Data Specialists reviewed and organized thousands of pages of medical records, highlighting significant treatments and/or procedures related to the case. They created timelines relevant to the case facts, which served as a reference tool for both attorneys, as well as expert witnesses during the trial.
When it was time to get the certified records to the court prior to the trial, our dedicated record support team delivered subpoenas, scanned and bates stamped records, and ensured all material related to the case was located at the courthouse prior to trial.
Lien Resolution Specialists tracked and resolved medical liens and worker’s compensation liens for this case. The team was successful in maximizing the injured party’s settlement in a timely manner.