Long-haul trucker injured after being struck by forklift — $750,000 settlement

Type of action: Forklift accident

Injuries alleged: Left ankle and right wrist fractures

Tried before: Mediation

Name of judge or mediator: Judge Thomas S. Shadrick (Ret.)

Date resolved: 9/20/2022

Special damages: $128,897

Verdict or settlement: Settlement

Amount: $750,000

Sharp

Attorneys for plaintiff (and city): Eric K. Washburn and Kevin D. Sharp, Virginia Beach

Description of case: Plaintiff, a long-haul tractor trailer driver from Georgia, was delivering lumber for the first time to a lumber distributor in Virginia. He checked in with the distributor’s delivery foreman and was directed to pull on to an area of the delivery tarmac and began unstrapping and un-tarping the lumber so that the forklift drivers could begin the unloading process.

The tarmac at the distributor’s location had four other flatbeds on the tarmac that were being loaded and unloaded with lumber by three industrial sized forklifts. These forklifts were constantly moving around the tarmac without designated lanes of travel. The forklifts were being operated in the forward direction with full loads of lumber blocking the line of sight of the forklift operators. As plaintiff was bent over, folding up his tarps next to his flatbed, a forklift operator with a full stack of lumber blocking his line of sight turned and

Washburn

collided with plaintiff, pushing him down to the pavement.

Plaintiff suffered orthopedic injuries to his left ankle and right wrist. He was transported to the emergency room where he underwent surgery to stabilize the fractures in his leg and his wrist. Plaintiff spent three days in the hospital before being allowed to return home to Georgia where he continued with orthopedic care, physical therapy, and rehab treatment. Eventually, he was physically able to return to trucker work.

Eric K. Washburn, plaintiff’s counsel, provided case information.