On April 19, 2016, a labor foreman was scheduled to make a delivery which included heavy x-ray doors. When the defendant arrived at the delivery site, the delivery driver began to unwrap the shipment of the heavy x-ray doors. While discarding the plastic debris onto the ground, the plaintiff and his co-workers helped unload the shipment of the doors.
While unloading, the delivery driver slipped on the plastic that he had thrown onto the ground. This caused the heavy x-ray door to shift. The shift of the door jarred the plaintiff’s left shoulder, which caused an immediate pop and pain.
The defendant was responsible for ensuring that all deliveries were made in a safe manner. The delivery driver, an employee of the defendant, created a hazard by discarding the plastic from the shipment and leaving the debris underfoot. The co-worker negligently unloaded the doors which caused the plaintiff’s injury.
The plaintiff originally thought the injury was only a pulled muscle. Following a doctor’s visit and an MRI, the doctor recommended surgery. After surgery, the plaintiff developed posterior tendinitis, but did not require any additional surgery at the time. The plaintiff was told to stay out of work until further notice.
After visiting a different doctor, as requested by the workers’ compensation insurer, the doctor found that the plaintiff was experiencing a ball up of his biceps and that there was evidence of a bicep tendon detachment. It was probable that he had torn his rotator cuff and injured his labrum as well as bicep tendons.
The doctor concluded that there was a causal relationship between the plaintiff’s work injury and the current rotator cuff tear, labral tear and bicep tendon injury.
The plaintiff and the defendant party agreed to resolve the plaintiff’s claims for $375,000 as a result of the pain and suffering endured.