$1,850,000 Settlement

Our client was a New York truck driver hauling a load of scrap metal for an upstate shredding facility. When he arrived at the facility, he was directed to the “canopy” area where trucks were supposed to dump their scrap metal. Our client backed under the canopy and was preparing to dump his scrap metal alongside the defendant’s truck. At that same time, the defendant’s truck was in the process of dumping scrap metal under the canopy. The defendant’s scrap metal was not evenly distributed in his trailer, and the load was packed too tightly. As the defendant was raising his trailer into the air, his load of scrap metal would not release – it was jammed. Instead of bringing the trailer back down to the ground and seeking assistance to unclog the jam, the defendant continued raising the trailer into the air hoping that the jam would release by itself. The uneven distribution of scrap metal in the tightly packed trailer resulted in an unsteadiness as the trailer was raised higher and higher into the air. Just before the trailer reached its maximum height, it tipped over onto our client’s truck, crushed the operator “cab,” and resulted in our client’s death.

The defense alleged that our client was at fault for the accident, since he backed his truck alongside the defendant’s truck while the defendant was raising his trailer into the air. This was alleged because the facility had a “50-foot rule” that prohibited anyone from pulling within 50 feet of a truck in the process of dumping scrap metal. We believed that the 50-foot rule was not communicated to our client, who was a relatively new scrap metal truck driver, and that the rule simultaneously applied to the defendant, who did not cease dumping operations even though he knew our client was within 50 feet of his trailer. The defense further alleged that our client was killed instantly, and therefore his pain and suffering was extremely limited, reducing the case value in accordance with New York law.

After years of intensive litigation, the case was settled for $1,850,000, providing our client’s family with the financial security they deserved after the tragic loss of their loved one.