Personal Injury Trial Report - Premises Liability

NATURE OF CASE:

Premises liability; Truck rollback during servicing.

INJURIES ALLEGED:

Disc protrusions at C3-4, C4-5, C5-6, and C-6-7 and a partial tear of the inferior aspect of supraspinatus tendon.

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$200,000.00

ATTORNEYS FOR PLAINTIFFS:

Eric J. Parker; Susan M. Bourque, Marcie B. Bricault, PARKER SCHEER LLP, Boston, Massachusetts

ATTORNEY FOR DEFENDANTS:

Withheld.

OTHER USEFUL INFORMATION:

On January 10, 2000, the plaintiff, a preferred truck driver, drove his 2000 XL Freightliner truck to the Defendant's service center for routine maintenance. The Plaintiff went inside the service department and spoke briefly with the service department manager regarding the work covered by the warranty.
The manager instructed the Plaintiff to advise the mechanic to perform the necessary warranty work and he would prepare a slip reflecting the completed work after it was performed.

As the Plaintiff entered the service bay to inform the mechanic of the manager's instructions, he walked along the passenger side of the truck and around the back of the truck. Suddenly and without warning, the Plaintiff's truck rolled backward, off the incline, and directly toward the Plaintiff. The rear tire and mud flap caught the Plaintiff's jacket and pulled the plaintiff sideways and down toward the ground. The significant weight, estimated at more than 12-tons, forced the plaintiff against the closed, steel garage door, with sufficient force to crush the plaintiff between the truck and steel door behind him.

The Plaintiff was ultimately diagnosed with disc protrusions at C3-4, C4-5, C5-6, and C-6-7 and a partial tear of the inferior aspect of supraspinatus tendon. The Plaintiff underwent left shoulder supraspinatus repair and bicep tendondesis and began a course of physical therapy to strengthen his left shoulder. The case was complicated by a fall, eleven months after the initial injury, suffered by the Plaintiff while at home which resulted in additional serious injuries.

The case was settled following one day of mediation.

Back to premises liability case reports

Related Articles

Selecting a Boston, Massachusetts personal injury / premises liability lawyer

Understanding snow and ice cases in Massachusetts

Parker Scheer LLP lawyers handle personal injury cases in Massachusetts towns including Acton, Amesbury, Amherst, Andover, Arlington, Ashburnham, Ashfield, Ashland, Athol, Attleborough, Barnstable, Barre, Bedford, Belmont, Berkley, Berlin, Bolton, Boston, Boxborough, Boxford, Boylston, Bradford, Braintree, Burlington, Buzzards Bay, Cambridge, Carlisle, Charlemont, Charlestown, Charlton, Chelmsford, Chelsea, Clinton, Concord, Danvers, Dedham, Deerfield, Dudley, Duxbury, East Longmeadow, Essex, Fall River, Fitchburg, Foxboro, Framingham, Franklin, Freetown, Gardner, Gill, Gloucester, Granby, Groveland, Hadley, Hamilton, Hanover, Haverhill, Holbrook, Holliston, Holyoke, Hopkinton, Hubbardston, Hudson, Ipswich, Kingston, Lakeville, Lancaster, Lawrence, Leominster, Lexington Lincoln, Lowell, Ludlow, Lynn, Lynnfield, Malden, Marblehead, Marlborough, Marshfield, Maynard, Melrose, Methuen, Methuen, Middleborough, Middlefield, Milford, Milton, Monterey, Nantucket, Natick, Needham, New Bedford, Newbury, Newburyport, Newton, North Attleborough, North Brookfield, Northampton, Northborough, Paxton, Peabody, Pepperell, Pittsfield, Plymouth Provincetown, Quincy, Reading, Richmond, Rockport, Rowe, Rowley, Salem, Saugus, Sherborn, Southbridge, Spencer, Sterling, Stoughton, Stow, Sturbridge, Sudbury, Templeton, Topsfield, Townsend, Truro, Upton, Wakefield, Waltham, Watertown, Wayland, Wellesley, West Boylston, West Newbury Westborough, Westford, Weston, Westport, Williamstown, Wilmington, Winchendon, Winchester, Woburn, Worcester, Yarmouth. Parker Scheer also provides referral services for personal injury lawyers in states other than Massachusetts.

Parker | Scheer, LLP - Boston, Massachusetts. © 2006 Parker | Scheer, LLP. All rights reserved.