Trial Magazine

Edward Pierce, a 54-year-old FedEx driver, was making a delivery at Hansen Engineering & Machinery and Hansen Aerospace Laboratories. He unloaded his cargo near a spring-loaded dock plate held down by a ratchet and pawl system. The dock plate malfunctioned and struck Pierce in the leg.

Pierce, who has osteo­arthritis, fell backward, injuring himself. He tried to return to work but was unable to continue and later ­underwent a hip replacement. Pierce had earned approximately $60,000 annually plus benefits. His medical expenses totaled more than $106,300.

Pierce and his wife sued Hansen Engineering and Hansen Aerospace, alleging premises liability. Suit claimed that the teeth from the ratchet and pawl system were worn and that the defendants failed to heed the advice of a maintenance company that recommended that the dock plate be replaced because it frequently popped up.

The jury awarded $1.7 million. The award includes interest and $100,000 to Pierce’s wife.

Citation: Pierce v. Hansen Eng’g & Mach., No. 2014-cv-996 (Mass. Super. Ct. Essex Cnty. Dec. 19, 2017).

Plaintiff counsel: AAJ member Brian C. Dever and John P. Wilton, both of Taunton, Mass.