Articles Posted in Forklifts

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Adelaida Anderson operated a standup forklift at a FedEx warehouse in Effingham, Ill. While pulling a load in July 2017, she hit a bump and fell out of the forklift onto the floor. The forklift continued moving and ran over her leg and seriously injured her; eventually her leg had to be amputated.

Anderson brought a diversity suit against the forklift’s manufacturer, The Raymond Corp., alleging that the forklift was negligently designed. The jury trial ended in a verdict in favor of defendant Raymond.

Anderson appealed to the U.S. Court of Appeals for the Southern District of Illinois.

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A forklift operator, Olynthus Davis, was loading a tractor-trailer equipped with a securement system that consisted of metal tracks running the length of the trailer. Davis, 36, operated his forklift inside the trailer. The end of one of the tracks of the securement system pierced the cargo area and impaled Davis’s left leg near the knee. The impact also forced his right elbow into the steering wheel.

Davis underwent debridement and multiple wound care procedures. He required a wheelchair for several weeks and used crutches and a walker for months. Davis also underwent an ulnar nerve exploration surgery and has been diagnosed with having a neuroma, which will require surgery.

A neuroma is a painful condition sometimes called a “pinched nerve.” A neuroma has also been described as a thickening of nerve tissue that can develop in different parts of the body. More specifically, a neuroma of the ulnar nerve occurs most often because of a trauma such as what Davis experienced. The clinical presentation of a neuroma of the ulnar nerve is pain and tenderness to the touch. This would be the case of Davis’s injured elbow.

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Steven Meier, a security guard, was walking through the warehouse at PennySaver USA when Oliver Cervantes backed into Meier with his forklift truck. The forklift dragged Meier about 15 feet, trapping and crushing his right leg and ankle. According to the report of the case, employees of PennySaver had to bring in a second forklift truck to dislodge Meier’s leg.

Meier was 59 years old at the time and sustained serious crushing injuries to his right leg and ankle and a degloving injury to his lower leg. He underwent multiple surgeries as well as medical procedures to stabilize the fractures, repair nerves and tendons and to fight off infection of that injured leg. About a year and a half after this incident, Meier suffered a severe infection requiring amputation of his right leg below the knee.

He has since undergone three revision surgeries to the stump on that right leg before being fitted with a temporary prosthesis.  Meier likely will require at least one additional revision surgery.

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Robert Howard was a 55-year-old truck driver when he arrived at a Nucor-Yamato Steel Co. facility to transport steel machine equipment. His flatbed tractor trailer was directed to a loading area where a Nucor employee was operating the crane to be used for loading the equipment onto Howard’s flatbed truck.

The Nucor employee positioned the load parallel to and partially above the trailer. While Howard attempted to place wood dunnage, a securing device, into the proper position on the trailer, the Nucor employee unexpectedly moved the 50,000-pound load, causing it to strike the dunnage. This forced Howard off the trailer. He suffered a compression fracture to his left heel bone as a result of his fall.

Howard underwent surgery and continues to have problems with mobility and pain. He has not returned to his job, in which he has been paid $22,600 per year. He has incurred medical expenses of about $46,000.

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Robert Kinstner was a forklift and machine operator employed by a masonry subcontractor working at the construction site for a new police station at 3600 N. Halsted St. in Chicago. The defendant in this case was Harbour Contractors Inc., which was the general contractor for the construction of this building. On Feb. 9, 2010, Kinstner, 42, slipped and fell on a deep rut that was covered with ice and snow. Kinstner suffered a broken ankle with disruption of the syndesmosis joint, requiring open reduction internal fixation followed by arthroscopic surgery eight months later.

He claimed that he developed complex regional pain syndrome shortly after his injury, which prevented him from working in any capacity since the date of this occurrence. He stated that because of the injury he was unable to stand and walk for any length of time. Kinstner asserted that he lost earnings and benefits of between $751,000 and nearly $2 million. He also made a claim for more than $3 million in future loss of earnings and benefits.

Kinstner maintained that the unsafe and uneven ground conditions at the work site had existed for several weeks before his injury.  He claimed that the area was a means of access for machinery and equipment but it had not been properly stoned or leveled for workers’ safety by the general contractor. Photographs of the scene taken shortly after the incident showed the presence of the ruts and uneven ground.

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Menzies Aviation and CenterPoint Properties Trust entered into a 10-year lease for a warehouse near Chicago’s O’Hare International Airport in 2007.  CenterPoint owned the warehouse, while Menzies operated an aircargo handling business that included the use of 15,000- and 30,000-pound forklifts.  The warehouse was a single-story, 185,000-square-foot structure built in 1998.

The warehouse had a 6-inch concrete slab that did not show any damage in 2007.  However, by January 2009, the concrete slab was cracking and scaling along the surface and was damaged along the contraction joints.

This type of wear was not typical, but rather was caused by Menzies’ use of heavy forklifts.

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