Trial News

Fausto Lopez, 50, was delivering copy paper to an office building using a truck leased by his employer from Ryder Truck Rental, Inc. While Lopez was standing on a lift gate at the back of the truck, the lift gate collapsed, causing him to fall several feet to the ground. He suffered herniated disks at L3-4 and L4-5, necessitating physical therapy, injections, and decompression and fusion surgery. He continues to suffer from chronic back pain and is unable to return to his job, at which he had earned approximately $58,000 annually. His medical expenses were more than $114,400.

Lopez sued Ryder Truck Rental, alleging it failed to maintain the lift gate. The plaintiff asserted that the lift gate bushings—internal components of its hinges—were corroded, which caused them to fail. Suit also alleged that the defendant should have identified and repaired this problem when it serviced the truck months before the incident.

The defense argued that the lift gate’s manufacturer was liable for the plaintiff’s damages and that the lift gate instruction manual does not call for routine inspection of the bushings to check for corrosion.

The parties settled for $2.25 million.

Citation: Lopez v. Ryder Truck Rental Inc., No. ESX-L-004389-15 (N.J. Super. Ct. Essex Cnty. Aug. 14, 2018).

Plaintiff counsel: Robert H. Baumgarten and John Ratkowitz, both of Newark, N.J.

Plaintiff experts: Harold Bialsky, life care planning, Jersey City, N.J.; Steven Nehmer, orthopedic surgery, Union, N.J.; Thomas Cocchiola, engineering, Caldwell, N.J.; and Michael Soudry, economics, East Hanover, N.J.

Defense experts: David Rubinfeld, orthopedic surgery, Dover, N.J; and William Kane, engineering, Philadelphia.