Port Security Guard Recovers $3.725M after Truck Accident

December 18, 2016 by personalinjuryatty.com

On August 3, 2008, a 41-year-old female security guard at a Delaware River port facility in Eddystone, Pennsylvania, was checking the paperwork for a tractor trailer when the driver of the truck drove forward, and the drivers’ side rear tire of the truck ran over her foot and ankle.

The woman brought suit against the trucking company which owned the tractor trailer, as well as the owner and operator of the port facility. She complained that the driver negligently operated the truck, stating that the truck driver was talking on a cell phone and had a dog on his lap at the time of the incident. Also, she said that the security guard station was dangerously configured so as to place the guards in a dangerous position.

The defendants argued that the woman waived the truck driver forward and was responsible for her own injuries.

The woman also claimed that on weekends (when this incident occurred) the port’s exit lane was closed, mandating that all traffic leave through the entrance. Therefore, driver’s sides of trucks exiting the facility were on the opposite side of the security guard stations. The woman was required to walk around the exiting trucks, in order to speak with the drivers. This arrangement placed her in a dangerous position, according to her claims.

The woman received a degloving injury, and fracture of her foot and ankle. She had a total of 17 surgeries, including implantation of orthopedic hardware, removal of the hardware, re-implantation and a second removal of the hardware. Her doctors reported that efforts to control her pain have been unsuccessful and that she has been left with permanent nerve damage stemming from the injury. She did not return to work following the injury and claimed a total permanent disability from employment.

According to the National Center for Biotechnology Information, degloving injuries to the lower extremities are extremely serious and associated with a high rate of morbidity if mismanaged. Degloving involves the removal of skin and tissue to an extremity in a glove-like fashion. Skin grafts are often required in these cases.

The police report of the incident stated that the woman was checking the numbers on the truck, and waived the driver forward. The EMT report indicated that the plaintiff was still taking information from the defendant’s driver when the truck moved forward.

The case was settled prior to trial for a total of $3,725,000. The trucking company contributed $3,000,000 and the port agreed to pay $725,000.

 

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