$6.8 Million Settlement: Construction Site Injury
2024 General Liability Case Report
By Attorney Willliam J. Thompson
Personal Injury Settlemenet
Worcester Superior Court, Massachusetts
Truck driver suffers paralysis from pothole at roadway construction site
The plaintiff was a 65-year-old truck driver operating a tractor trailer on a highway when his truck hit a pothole in the road in a construction zone. Due to the impact from the truck hitting the pothole, the plaintiff, who weighed 300 pounds, claimed he was lifted up off his seat and bounced back down onto the seat. Following the impact, he had neck pain.
Several days after the incident, the plaintiff went to a hospital where he was evaluated and while he was an inpatient over the course of several days developed paralysis. The plaintiff claimed the paralysis was caused by the impact on the highway, but the defendant disputed that.
In the days leading up to the incident, the defendant construction company was involved in a milling and paving project at the construction site. Having milled a certain length of the highway leading up to a bridge, the defendant attempted to install a temporary asphalt ramp to create a smooth transition from the milled surface to the bridge joist and existing paved surface.
The temporary ramp had been partially eroded by rainwater that resulted in potholes.
The plaintiff claimed the defendant should have taken steps to prevent the accumulation of water in and around the temporary ramp, which would have avoided the washout and prevented the formation of potholes which posed an obvious hazard and danger to motorists.
The case settled prior to trial for $6,800,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
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