Personal Injury Lawsuit Nets $3.6 Million Settlement for Chicago Man

July 13, 2011

According to the popular news website Digital Journal, a Chicago truck driver was awarded a $3.6 Million personal injury settlement last week for injuries he sustained on a dock after being run over by a forklift operated by an untrained driver. The victim, 56-year-old Timothy McDonald, suffered leg injuries that ultimately ended his career as a truck driver.

According to the Chicago personal injury lawyer representing Mr. McDonald, on the day of the incident, McDonald was picking up a delivery at Imperial Zinc Corp. when the forklift that was being used to load his trailer backed over him on the Imperial Zinc loading dock. Mr. McDonald suffered a fractured right ankle due to the incident along with other extensive injuries to his leg and foot.

The forklift operator that was driving the lift when the incident occurred was not properly trained or supervised in proper forklift operation. The accident was captured on videotape by a surveillance camera at Imperial Zinc Corp. This video became an instrumental piece of evidence in the case against the forklift operator and Imperial Zinc Corp. The lawsuit alleged that, in addition to the improper training and lack of supervision of its operation, Imperial Zinc and the forklift operator, Odorico Ortiz, were in violation of basic OSHA safety rules.

The lawyer representing McDonald claimed that, "The supervisors failed to follow basic loading dock safety and allowed barrels of zinc to be stored in a manner which provided insufficient room for its forklifts to safely maneuver around pedestrians." This ultimately resulted in the injuries sustained by McDonald who is no longer able to work as a truck driver as a result of the injuries sustained in the accident. McDonald received this multi million dollar settlement through voluntary mediation that was conducted by retired judge Hon. Stuart A. Nudelman.

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