Philadelphia Jury Issued $5,071,974 Award to Plaintiff for Economic Damages and $1 Million for Noneconomic Damages.

The plaintiff claimed he was helping to unload a box truck at the facility where he worked when one of the pallets fell on him, crushing his lower body. The cargo weighed approximately 1,500 pounds and had been loaded by the manufacturer/consignor, defendant Ingram Micro. The shipper and owner of the box truck, F&E Transport, was also named as a defendant.

The plaintiff reportedly sustained C7 and T3-T5 vertebrae fractures, a left femur fracture, bilateral pelvic fractures and crush injuries. The plaintiff underwent fixation surgeries to his femur, hip, and pelvis and required opiate and non-opiate pain medication. The plaintiff was diagnosed with PTSD and experienced urinary incontinence, erectile dysfunction and memory issues. He was unable to return to his former occupation.

According to the plaintiff, the heavy pallets were dangerously double stacked and had shifted during shipping. The plaintiff contended that Ingram Micro had been warned by his employer that double stacking was dangerous and a hazard to its employees. However, the load was double stacked regardless. The plaintiff claimed Ingram Micro acted in a malicious, wanton, willful and oppressive manner, and/or showed reckless indifference to the interest of others, warranting punitive damages. Regarding F&E Transport, the plaintiff claimed it failed to ensure that the interior frame of its truck and the load bars were in a proper and safe condition.

A jury assigned liability at 80% to Ingram Micro and 20% to the plaintiff. The jury found in favor of F&E Transport and declined to award punitive damages. 

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