Trial Magazine
Verdicts & Settlements: Workplace Safety
Negligent loading
September 2021Jan Zubrycki, 66, was unloading medical equipment from a truck at a Bronx, N.Y., facility when he was struck by wheelchairs and other equipment that fell from the truck. He suffered a concussion, post-concussion syndrome, and cervical disk injuries necessitating physical therapy, epidural injections, and surgery. Zubrycki, who has not returned to work as a truck driver, continues to suffer from neck pain.
Zubrycki and his wife sued All in One Warehousing Distribution, Inc., where the equipment was loaded onto the truck, and Michael Schnitzel, All in One’s principal, alleging negligent loading of the truck.
The defense did not answer the complaint, and the case proceeded to a bench trial on damages. The court awarded an $840,000 default judgment.
Citation: Zubrycki v. All in One Warehousing Distribution, Inc., No. 1919003421 (Pa. Ct. Com. Pl. Phila. Cty. Feb. 17, 2021).
Plaintiff counsel: AAJ member James B. Dilsheimer and Tyler Stampone, both of Cheltenham, Pa.