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Berger & Lagnese, LLC

Contractor Settles With Warehouse for Torn Rotator Cuff

Posted on Dec 23, 2009

Thomas Grazious, a delivery contractor, was injured when he fell 4.5 feet off a spring-loaded adjustable ramp loading dock to the ground.  Mr. Grazious was delivering a package to the warehouse of Smith’s Aerospace, Inc. in Wilkes-Barre, Pennsylvania. 

Plaintiff sued Smith’s Aerospace for negligent maintenance of the premises.  His counsel argued that there was a broken weld in the leveling device on the loading dock and when the warehouse manager stepped off the loading dock, the plaintiff was sprung from the loading dock and onto the floor.  The loading dock remained level with the broken weld because the other man’s body weight countered the body weight of the plaintiff.

Grazious sustained two tears in his right rotator cuff.  An open surgery was performed and he had to keep his arm in an abduction pillow for a few months following the procedure.  Grazious was also given steroid injections and underwent a year of physical therapy following the surgery. 

Plaintiff’s counsel sought $28,000.00 for past medical bills and an additional $100,000.00 for damages incurred in hiring an assistant along with $28,000.00 per year indefinitely to continue to employ an assistant.  Counsel also sought between $280,000.00 and $300,000.00 for future wage loss damages. 

A settlement in the amount of $500,000.00 was reached between the parties.

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