GWC Attornys

GWC Obtains $9 Million Settlement on Behalf of the Estate of Deceased Truck Driver

GWC attorney, Autumn Leslie, and partner, Michael D. Fisher, have obtained a settlement for $9 million dollars and a waiver of the $122,531.00 workers’ compensation lien on behalf of the Estate of a deceased truck driver who was killed when a bundle of metal tubing fell off his flatbed trailer during unloading.

Bundle of Metal Tubing Was Not Properly Loaded, Stacked, Stabilized or Secured 

The Defendant, a metal tube manufacturing company, manufactured, bundled, loaded and was supposed to have secured the bundle of metal tubes which fell off a flatbed trailer, killing the Plaintiff. The bundle which fell consisted of thirty, ten foot long, aluminum tubes, weighing forty pounds each, banded together to form a bundle.  There were a total of thirty-six bundles of tubing stacked in three tiers on the trailer.  The top, passenger side bundle shifted and fell as Plaintiff removed the first nylon strap used to secure the load during over-the-road transport.  The occurrence took place in July of 2021 on the east coast.

During the litigation, GWC attorneys uncovered that pursuant to the OSHA regulations, the Defendant was responsible to “stack and block” the bundles of metal tubing so they were stable and secure against sliding and collapse which GWC claimed the Defendant failed to do.

GWC also discovered during the litigation, contrary to the Defendant’s own safety policies and procedures, the dunnage used under and between the bundles of metal tubing was insufficient and improper in that it was too short, not extending to the full width of each bundle; were not a single or two connected pieces of dunnage as required, thereby allowing for movement and displacement of the bundle; and not properly aligned, as required, thereby resulting in instability of the bundles of metal tubing.

Defendant Claims Plaintiff Was At Fault

The Defendant maintained that Plaintiff was at fault by not ensuring the bundle was adequately secured when he removed one of the nylon straps meant to secure the load during transit.  GWC refuted this defense in establishing through sworn deposition testimony that it was the Defendant, and the Defendant alone, that banded the bundles, loaded the bundles and designed and installed dunnage required to stabilize the bundles to prevent them from sliding and collapse.

“It was a combination of the Defendant’s own negligent acts and failure to adhere to the OSHA regulations and its own safety policies and procedures that resulted in the tragic and unnecessary death of the Plaintiff,” said GWC attorney, Autumn Leslie.

Truck Driver’s Injuries Resulted in His Death

As a result of the occurrence, the  44-year-old Plaintiff was struck by the falling bundle of metal tubes and sustained numerous skull fractures and blunt head trauma resulting in his death.  He is survived by four sons, two adults and two minors. “Although no amount of money could truly compensate our client’s sons for the loss of their father, we take some solace in the fact that this settlement will provide them with some financial security,” said GWC Partner, Michael D. Fisher.

Fighting for Injured Workers

Trucking injuries require comprehensive knowledge of the operations of the trucking industry, federal regulations, federal motor carrier safety regulations and state law if a worker hopes to receive full and fair compensation. To maximize your claim value, whether by settlement or trial, contact the dedicated personal injury and workers’ compensation attorneys at GWC Injury Lawyers LLC.

With more than $2.5 billion recovered in verdicts and settlements, GWC is one of the premier personal injury and workers’ compensation law firms in Illinois. At GWC, our trial lawyers have the experience, determination, resources, and reputation you need to help get you and your family the justice you deserve.

Schedule a no-cost, no-obligation consultation with one of GWC’s trial lawyers today. You may call our office at (312) 757-7462 or click here to chat with a representative at any time.