— Falling heavy pallet leaves worker with brain, head and psychological injuries
Type of action: Workers’ compensation
Court: Norfolk Circuit Court, Virginia Workers’ Compensation Commission
Name of mediators: Judge Thomas B. Hoover (Ret.), Deputy Commissioner R. Temple Mayo
Attorneys for plaintiff: Craig B. Davis, Elliott M. Buckner and Scott Bucci, Richmond
Case summary: The plaintiff suffered severe brain injury, head injury and psychological injuries when an improperly loaded pallet of cargo weighing more than 1,500 pounds fell on top of him after he unsealed his trailer at the customer’s depot. The plaintiff experienced a reduced level of consciousness and became nonresponsive over the following days.
The plaintiff’s treating physician diagnosed a traumatic brain injury and “emotional shock syndrome,” a condition he likened to shell shock. When the doctor concluded the plaintiff could not consent to treatment due to his reduced consciousness, his wife was appointed his guardian and conservator.
In addition to the defense’s challenging the extent of the plaintiff’s injuries, the personal injury case faced significant liability issues related to provisions of the Federal Motor Carrier Safety Regulations imposing the duty to inspect and secure cargo on the driver.