$17M Settlement for Worker Paralyzed in Construction Site Incident
By Dean I. Weitzman, Esq. on November 3rd, 2017
A former masonry company truck driver who was severely injured as he was making a delivery at a N.J. construction site in 2015 has reached a $17 million settlement with the manufacturer, the owner and the seller of a boom lift which broke suddenly and caused his injuries.
Brian Smith, who was 42 at the time of the incident, was hurt in January 2015 as he was delivering a load of concrete blocks to a residential construction site in Cape May, N.J., according to an Oct. 13 story in The Legal Intelligencer. As the concrete blocks were being lifted from the truck by an attached boom hoist, the hoist broke in two and struck him on the top of his head, fracturing his neck and causing massive bleeding, the story reported.
After the incident, Smith was taken by helicopter to a trauma center where his spine had to be fused to treat his massive injuries. He was hospitalized and in rehabilitation for 10 months, according to court papers.
Smith later filed a personal injury lawsuit in the Philadelphia Court of Common Pleas against the manufacturer of the truck’s boom lift, USTC; as well as against the dealer who sold the boom lift, Garden State Engine & Equipment. He also sued the owner of the truck and boom lift, Kennedy Concrete. His lawsuit alleged that USTC was responsible for design defects in the boom lift that fell on him, while Garden State used inadequate bolts in the boom lift which was installed on the truck, the story reported.
“The critical flaw in the design of this USTC Trolley Boom Lift is the usage of varying connections with varying bolt lengths that directly impacted the safety of the machine and made it unreasonably dangerous for the ordinary and intended use of transporting several ton loads,” according to court documents in the case. “Garden State represented it was providing top-of-the-line bolts for installation into the USTC Trolley Boom lift, however, it was actually supplying inferior quality bolts to Kennedy for installation into this machine.”
These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in construction accidents through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a construction accident, vehicle crash or other incident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
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