$3.2M Award For Family of 22 Yr Old Garbage Truck Employee Crushed to Death

On November 22, 2017 an appellate court upheld $3,200,000 of a $7,200,000 verdict awarded to the wife and infant son of a 22 year old man who was killed when a garbage truck he was loading lurched backward and crushed him against a dumpster. The company that serviced the truck's transmission six months before the accident returned it without the required functioning neutral interlock system. That safety system was designed to prevent the truck from going backward while garbage was being loaded.This same defendant unsuccessfully argued that it only had a duty of care to the owner of the truck and not to one of its employees. The Court disagreed explaining that the owner/employer intended to benefit its employees with a safe truck and that the decedent was considered an inferred third party beneficiary.

Medical testimony from the plaintiff's expert informed this Brooklyn jury that the 22 year old worker would have been conscious and suffered pain from rib fractures for 1-2 minutes before dying. This testimony justified an award of $250,000 for pre-impact terror and $750,000 for pain and suffering. The pre-impact terror component awarded by the jury was knocked down from $1,000,000. The decedent's one year old son (at time of death) was allowed to keep $1,000,000 for past and future pecuniary loss (loss of parental guidance). This sum was reduced from the $3,000,000 awarded by the jury. Lost earnings awarded by the jury were sustained at approximately $1,200,000.  Vargas v Crown, 2017 WL 5616720

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top