Trial Magazine

Michael Askey, 27, performed concrete work and general manual labor for JP Cullen. While helping load concrete forms onto the flatbed trailer of a semi-truck owned by Town Trucking Co., Askey took a step backward, and his left leg fell through a hole in the floorboard of the trailer bed. His leg became wedged in the truck’s tire, causing his body to twist and swing backward, hitting his head and lower back.

Despite conservative treatment and fusion surgery to treat a bulging disk at L4-5, Askey’s symptoms have persisted. He is unable to continue in his job, where he had earned more than $25 per hour. His medical expenses were approximately $10,600.

Askey sued Town Trucking and the driver of the flatbed trailer, Jose Castillo, alleging negligence and negligence per se. The plaintiff claimed that the defendants failed to warn him of the hole in the floorboard and inspect, maintain, and repair the flatbed trailer.

The parties settled for $700,000.

Citation: Askey v. Castillo, No. 2018-CV-002252 (Wis. Cir. Ct. Dane Cty. Apr. 23, 2020).

Plaintiff counsel: Danielle Schroder and Hayley Archer, both of Madison, Wis.

Plaintiff expert: Kevin Schutz, life care planning, Madison.