Nearly $260,000,000.00 Awarded in Forklift Accident Case

Our client was awarded $258,601,861.16 in a complex personal injury case caused by a negligent forklift operator, among others. The incident occurred at an apartment complex while our client, a residential tenant, was walking on the property. Our client sustained a catastrophic crush injury resulting in a hemipelvectomy (amputation), among many other surgeries. Our client’s husband also brought loss of consortium and related claims.  

The Firm obtained a judgment against a negligent forklift operator in excess of 250 million dollars ($250,851,861.16). The Judgment came in the aftermath of previous settlements from other defendants totaling $7,750,000.00 and following nearly three years of hotly contested litigation consisting of two declaratory judgment coverage actions filed by insurers in federal court, in addition to the underlying state court litigation.

The underlying incident involved an apartment complex hiring a roofing contractor to replace the roofs at the apartment complex. The contractor rented a forklift to transport the roofing debris into dumpsters located on the property. The job was ultimately contracted out to another contractor. The principal defendants denied liability, alleging, among other things, that under controlling Texas law they were not legally responsible for the acts and omissions of the forklift operator, whom they contended was an independent contractor. During the pendency of the state court suit, multiple insurers filed multiple coverage suits in federal court, relying on a policy exclusion that excluded coverage for construction or renovation activities. The parties, following extensive investigation, discovery and motion practice, eventually ended up conducting a mediation as to the coverage dispute and certain claims against certain defendants in the underlying lawsuit, with the mediated claims settling soon thereafter, shortly before trial. The Judgment followed against the remaining defendant.

For more information about this litigation, please contact Michael Weinberg at mweinberg@weinbergfirm.com.