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Case Summaries



Hurt, Crosbie & May serves clients in Kentucky, including the following areas:
Cities: Lexington, Nicholasville, Georgetown, Richmond, Winchester, Louisville, Frankfort, Lawrenceburg, Cynthiana, Mt. Sterling, Versailles, Paris, Stanton, Harrodsburg, Clay City, Wilmore, Berea.

Counties: Fayette, Jessamine, Scott, Jefferson, Madison, Franklin, Woodford, Shelby, Anderson, Clark, Mercer, Powell, Garrard, Bourbon, Montgomery, Spencer, Estill.

DISCLAIMER: Hurt, Crosbie & May provides you with these case summaries for purposes of information and research. Many of these case summaries identify settlements or verdicts that were obtained from various jurisdictions by other lawyers and law firms. Please note that every case is different and these verdicts and settlements, while accurate, do not represent what Hurt, Crosbie & May may obtain for you in your case.

Bowers v. CoPart Auto Auctions Inc.

Bowers, 37, was assisting in the loading of cars onto a four-car carrier truck.  While Bowers was standing on the truck bed, the forklift operator began moving toward the truck with a car positioned lengthwise on the forks.  The operator lifted the car to place it on a platform over the cab of the truck, but when he tilted the forks forward, the car slid of the forks.  The car fell on Bowers, crushing and killing him.  A tow truck driver who had been earning about $25,000, he is survived by his two minor sons and his father.  His estate claimed $363,000 in future lost income.

 

An investigation by the U.S. Occupational Safety and Health Administration (OSHA) found that (1) the operator did not have a clear view of the path of travel, (2) the forklift was driven with an insecure load, and (3) the yard did not provide refresher training to the operator after a previous incident.  OSHA further determined that the proper procedure is to chain the vehicle to the forklift, which is generally the responsibility of the forklift operator rather than the truck driver.

 

Bowers's father, on behalf of his estate, sued the forklift operator and the owner of the automobile yard where the incident took place.  Plaintiff alleged the operator failed to maintain a proper lookout, keep the forklift under control, and chaining the car to the forklift, among other claims.  Suit against the yard owner alleged that it was vicariously liable for the operator's negligence and that it failed to adequately train and supervise the operator, especially given that he previously had dropped a car while operating the forklift.

 

Defendants contended Bowers was contributory negligent in standing on the truck bed, signaling to the forklift operator to proceed, and failing to adequately secure the car to the forks.  The parties settled before trial for $1 million, paid by the defendants' insurer.

The Lexington, Kentucky lawyers of Hurt, Crosbie and May handle personal injury cases where the victim was seriously injured at construction sites or manufacturing facilities.

Awarded: $1,000,000.00




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