Negligence & Tort ‘ Fall Into Stone Crusher
Injuries alleged: Amputation of both lower legs
Name of case: Medeiros v. Gioioso Brothers, Inc., et al.
Court/case #: Norfolk Superior Court, No. 9801-994
Tried before judge or jury: N/A (settled)
Special damages: Workers’ compensation carrier paid in excess of $275,800 in medical bills and $52,503 in indemnity payments
Amount of settlement: $2.1 million
Date: June 26, 2000
Attorneys for plaintiff: Brian C. Dever, Keches & Mallen, Taunton
The attorney for defendant: Withheld
Other useful information:
The plaintiff, 21 years old at the time, was injured by a large stone-crushing machine on May 12, 1998, while under the employment of the defendants. After signaling to the operator to stop the machine (as the operator had allegedly been instructed to do if a large stone came close to the stone crusher), the plaintiff reportedly fell into the crusher mechanism and sustained severe personal injuries.
The plaintiff filed claims against the defendants alleging negligent training in the safe operation of the crusher. He also brought a products liability claim, which is still ongoing, against the manufacturer of the machine. The plaintiff’s claims against the defendants were settled for $2.1 million. The insurance carrier of the employer paid $1.6 million, while the company from which the employer had leased the machine paid the remaining $500,000.
In addition, as part of the workers’ compensation claim, the insurance carrier agreed to waive its lien on bills incurred on or before June 1, 2000. The carrier also agreed to waive its rights to offset the plaintiff’s future medical benefits in chorus with Hunter v. Midwest Transport Company, Inc., for three years. As such, the insurance carrier will pay the plaintiff’s full medical bills incurred as of June 1, 2003. In exchange, the plaintiff settled his workers’ compensation claim currently pending against his employer for $1.
The settlement proceeds have been placed in an irrevocable discretionary trust to best deal with future medical, income and housing needs, as well as estate tax issues.
