Worksite Injury Verdict For Forklift Operator

Perry v. Phase II Transportation Inc., Multnomah County Case No. 17CV14005

Plaintiff Perry was a forklift operator working at Schnitzer Steel.  Defendant Phase II was a transportation company that contracted to take scrap computer parts to Schnitzer Steel.  When Perry was unloading the scrap from Phase II’s truck, the flooring on the truck collapsed causing one of the front wheels of the forklift to fall through.  Perry claimed that Phase II violated the Oregon Safe Employment Act by failing to maintain the floors of the truck. He also claimed Phase II was negligent in failing to inspect the flooring.  Perry argued that the incident caused a herniated a disc in his lower back that required surgical repair and later re-herniated requiring additional care. He sought $615,000 for past and future medical bills, wage losses and lost earning capacity. He also sought $450,000 for non-economic damages.

Phase II denied liability and claimed that Perry was responsible for his injuries for failing to exercise reasonable care for his protection.

Plaintiff’s Counsel – Joe Piucci and Steve Piucci

Defense Counsel – Robert Spajic and Dipendra Rana

Verdict – $972,870.13

Date – December 7, 2018

December 16, 2018

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