Jury awards $1.6 million to an employee for on the job injury case.
A County jury awarded $1.6 Million in damages to a 23-year old employee, as just compensation for an injury he suffered while at work. The victim suffered a devastating injury while working in a grain bin, sweeping out some corn, when he slipped and his right foot and lower right leg became caught by the drag chain of the conveyor system causing severe personal injury resulting in the loss of his leg. As a Maryland personal injury lawyerI have seen and investigated many on the job injury cases for my clients and have been able to recover monetary compensations for such victims.
The lawsuit alleged that the company that designed the conveyor system failed to provide guards to protect workers engaged in required grain removal inside the grain bin and failed to provide instructions and warnings adequate to protect workers. The lawsuit further alleged that the grain conveyor system was defective in its design and was in an unreasonably dangerous condition when it was sold to the plaintiff's employer.
According to the attorneys who represented the victim; "The defective unguarded drag chain conveyor was just 6 inches away from the large sump hole... an accident just waiting to happen." The defense argued that the employer was negligent in sending workers, including the Plaintiff, into the grain bin while a sweep auger and the grain conveyor were moving and energized. They maintained that the system designed by the defendant was not unsafe if used consistent with warnings on the grain bin door not to enter the bin while parts were moving.
The case was tried before a District Court Judge and after more than 7 hours of deliberation the jury disagreed with the defense, and returned a verdict in favor of the plaintiffs, awarding the plaintiff $1.6 Million to cover lost wages, lost earnings, medical expenses, and future medical care. The jury found defendant that designed the machine 46% at fault; the employer Co-Op 44% at fault; and plaintiff 10% at fault.
The jury's verdict is a just verdict in a horrible accident that occurred to a young man. It was the right result for a young man who had a horrible accident," said the attorney who went on to state, "And (as a manufacturer) you can't put functionality ahead of safety in the design of a product. You have to take into consideration that what may make it unique, may also make it dangerous." The award will be reduced to reflect the cap on compensatory damages.
Joseph Ostad, P.A. is a locally recognized law firm concentrating on representing injured parties in a wide array of complex litigation matters such as product liability, personal injury/wrongful death, defective products, unfair and deceptive business acts. To learn more, please visit http://www.ostadlaw.com or call my offices located in Rockville or Baltimore for a free initial and confidential consultation.


