November 20, 2018
Rapoport Weisberg & Sims P.C. has obtained a $4,000,000 settlement for their client in a case involving a truck driver who dropped a pallet onto a customer’s foot while making a delivery. The customer was initially diagnosed with a bruise, but eventually she was diagnosed and treated for a nerve injury in her foot resulting in Complex Regional Pain Syndrome. The case was prosecuted by attorneys Joshua L. Weisberg and Melanie J. VanOverloop, who stated in a joint statement that they hope the settlement will lead the trucking company to ensure its drivers are properly trained to use pallet jacks when making deliveries in the future in order to prevent similar incidents. Prior to settling, the trucking company had brought a counterclaim for negligence against the customer failing she failed to keep a proper lookout, and the trucking company also brought a claim against the customer’s employer claiming it failed to properly train the customer to receive a delivery. The trucking company also contended that the customer’s injury was not as severe as she claimed. Mr. Weisberg and Ms. VanOverloop were prepared to present a strong team of expert witnesses to help prosecute their client’s liability and damages claims at trial. A settlement was reached shortly before trial was set to begin.