Trial Magazine

Benjamin Contreras, a 62-year-old truck driver, was delivering a load at the Biad Chile plant. While Contreras was sweeping out his trailer, a Biad forklift operator hit him, either with the forklift or with the pallets he was unloading. This caused Contreras to fall 10 feet from the trailer to the ground below. He suffered a traumatic brain injury that necessitated surgery, a spinal cord injury, three broken ribs, and a broken clavicle. He now suffers from personality changes, memory deficits, and tinnitus.

Contreras sued Biad Chile, Ltd., alleging that the defendant continued to use the forklift even though it was dangerous because it had a faulty tire. Suit also alleged that the forklift driver was not OSHA certified. Suit did not claim lost income or medical expenses.

The jury awarded $5 million, including $550,000 in punitive damages.

Citation: Contreras v. Biad Chile, Ltd. Co. Leasburg, No. D-307-CV-2017-00402 (N.M. Dist. Ct. Dona Ana Cnty. Nov. 9, 2018).

Plaintiff counsel: AAJ member Kevin Glasheen and Jason Medina, both of Lubbock, Texas; and AAJ member David Jaramillo, Albuquerque.