Trial Magazine
Verdicts & Settlements: Workplace Safety
Failure to properly load boxes inside commercial truck
November 2019Jeffrey Day, 40, was a commercial truck driver for Schneider National Carriers, Inc. He picked up a trailer loaded with boxes and brought the merchandise to a Stein Mart distribution center operated by APL Logistics. As he was unloading the merchandise inside the trailer, at least two 50-pound boxes of merchandise shifted forward and fell on him as he turned to place another box onto a conveyer.
Day suffered herniated disks at C3-6 and a herniation at L5-S1. He underwent two fusion surgeries and is no longer able to work due to residual pain and restricted range of motion. His medical expenses totaled $359,000.
Day sued APL Logistics Warehouse Management Services, Inc., and APL Logistics Americas Ltd., alleging failure to properly secure the boxes or load them in conformance with safety standards. The plaintiff claimed that heavy items were placed on top of the load but should have been placed on the bottom.
The defense argued that Day had failed to take necessary precautions when unloading the boxes.
The jury awarded Day more than $2.76 million, apportioning 20% liability to him and 10% to his nonparty employer.
Citation: Day v. APL Logistics Warehouse Mgmt. Servs., Inc., No. 12A44740-3 (Ga. St. Ct. DeKalb Cnty. May 18, 2019).
Plaintiff counsel: Orlando Ojeda Jr. and Chadwick Walker, both of Atlanta.
