Forklift Operator Fell Out Of Trailer While Loading Goods
On June 12, 2003, plaintiff Joel Alain, 21, was working as a forklift operator for Southeastern Food Supply at its Miami loading dock.While reloading goods inside the trailer section of a Southern Refrigerated Transportation truck, Alain’s forklift fell backward out of the back of the truck, landing on the ground.Alain sued Southern Refrigerated Transportation on a premises liability theory. He claimed that the trailer moved without warning while he was working in it, causing him to fall.
The defense argued that Alain was not paying attention when he fell out of the truck, which never moved. Defense counsel also named Southeastern Food Supply as a Fabre defendant.
Alain claimed to herniations that required a percutaneous discectomy.
He sought $575,000 in damages, which included wage losses and medical bills.
Southern Refrigerated Transportation was found 15% negligent. Alain was found 5% negligent and his former employer, Southeastern Food Supply was found 80% negligent. The jury awarded $192,800, which was reduced to $28,920.