On May 1, 2006, the plaintiff was operating a Roll-Off truck and entered Lorton landfill to dispose of the load of construction debris in his truck. Upon entering the landfill, he was directed by a Lorton employee to a specific location to park and unload his waste. At the same time that the Plaintiff was about to unload his debris, a Kenworth demolition tractor trailer operated by an employee of Seneca, was also preparing to unload nearby. The Seneca employee was directed by an employee of Lorton Landfill as to where to park and unload. While the Seneca tractor trailer bed was elevated at its highest point, the debris jammed and unable to flow out of the tail end. The tractor trailer became top-heavy and tipped over directly onto the cab of Plaintiff’s adjacent vehicle where the Plaintiff was seated.
Plaintiff alleged that the Seneca employee failed to keep a proper lookout and did not operate his truck properly to avoid injuries to others. Plaintiff alleged that the Lorton Landfill employee failed to direct the two trucks a proper distance apart and failed to warn the Seneca employee or Plaintiff of a dangerous condition.
As a result of the negligence of the defendants, Plaintiff sustained crush injuries to his right foot with open fractures, multiple left sided rib fractures and a fracture of the pubic bone. After being pinned inside the cab for two hours, the Plaintiff was extracted and transported to Fairfax Hospital where he remained for three weeks. As a result of the incident and injuries, Plaintiff has undergone more than fifteen surgeries to repair his right heel and foot. It took more than two years for the physicians to successfully obtain wound closure on the right heel. Despite all these operations, plaintiff still cannot walk normally and never will again. He uses a cane to walk, to sit and stand. Plaintiff uses prosthetic shoes designed specifically for his feet and to assist him with the constant nerve pain that he has to the foot.
Plaintiff has approximately $475,000.00 in medical expenses. A vocation rehabilitation expert, stated that the Plaintiff’s physical limitations, his pain, his medications and his limited education makes him unemployable. His lost earning capacity is $922,134.00.
One week after mediation his case settled for $1.6 million with each defendant paying 50%.
This case was featured in Virginia Lawyers Weekly.