Workplace Accident $2.96 Million

This accident took place on 11/24/92 at the Company #2 garbage sorting facility ADDRESS in Williamsburg, Brooklyn. Pltf., a 41-year-old laborer from Ecuador who spoke no English, claimed that a coworker negligently drove a hi-lo into a conveyor belt pit that was recessed 12 inches into the garbage sorting floor. He further claimed that as a result of this negligent driving, the hi-lo turned over and its fork amputated part of his leg. Pltf. claimed that Deft. designed the pit without adequate barriers for vehicles it should have reasonably foreseen being used there. Deft. contended that forklifts were not supposed to be used on the floor, and only payloaders with much larger wheels were to be used there. Deft. Company #1 contended that a payloader would not turn over if it entered the pit. Company #1 also contended that Pltf.’s employer, Third-party Deft. Company #2, was responsible for the accident because of the negligence of its drivers.

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