Photo is key in suit over loss of finger – $375,000 Verdict

Plaintiff was working as a heavy equipment operator and was delivering a piece of rented equipment to the defendant, a heavy equipment dealer. Defendant’s employee attempted to remove the equipment from the flat bed trailer of the plaintiff’s truck with a forklift, but the forklift became stuck.

When the plaintiff attempted to assist the forklift operator, the forklift operator engaged the forklift drive, causing the equipment on the trailer to shift, smashing the plaintiff’s hand and partially amputating the plaintiff’s left index finger.

Defendant denied liability and defended on the grounds of assumption of risk and contributory negligence. The plaintiff and the forklift operator each testified and each gave slightly different versions of the event.

The key piece of evidence was a photograph of the truck and the piece of equipment. Based upon the position of the equipment on the truck, defendant argued that the accident could not have happened the way that the plaintiff had described it. The plaintiff testified that the photograph was not taken at the time of the accident and that the truck and the equipment had been moved from their original positions.

Plaintiff pointed out inconsistencies in the testimony regarding the timing of when the photograph was taken, and the fact that the photograph had obviously been taken in the evening, while the accident had happened in early afternoon.

Both parties offered medical experts who each testified that the injury was permanent and that the plaintiff would continue to suffer from pain and the loss of the use of his whole hand for the rest of his life as a result of the accident. Defendant’s expert testified that it was possible that the pain and numbness that the plaintiff was experiencing was actually caused by carpal tunnel syndrome in that hand that had suddenly come on after the accident, but had no evidence to support his theory.

Plaintiff’s expert, Dr. Jeffry Phillips, explained exactly how the loss of a portion of the plaintiff’s index finger could reduce his ability to use left his hand. That testimony was uncontested.

[10-T-003]

Type of action: Personal injury
Injuries alleged: Partial amputation of left index finger
Name of case: Woodson v. Alban Tractor Co., Inc.
Court: Loudoun County Circuit Court
Case #: CL00051589
Tried before: Jury
Name of judge: Thomas D. Horne
Verdict or Settlement: Verdict
Amount: $375,000, remitted to $175,000 under protest
Date: Oct. 29, 2009
Demand: $250,000
Highest offer: $10,500
Expert: Dr. Jeffrey H. Phillips
Plaintiff’s attorney: James P. Magner, Vienna