Photo of forklift during H+A site inspection.
In September 2015, a 54-year-old male was severely injured while operating a forklift to load a semi-truck from a loading dock. As he was doing so, the driver of the truck pulled away unexpectedly, causing him and his forklift to fall to the concrete below. Because of his low back injuries, his inability to enjoy activities of daily living and hobbies, and to work, the Plaintiff brought suit against the driver and the trucking company.
Wilson C. “Toby” Hayes, Ph.D., of Hayes + Associates, Inc., was retained by Attorney Lance Northcutt of Goldberg, Weisman & Cairo (https://www.gwclaw.com/), to determine if the impact forces transmitted to the Plaintiff’s low back from the forklift hitting the concrete was sufficient to cause acute injury or exacerbation of the Plaintiff’s degenerative spinal conditions.
In the analysis, H+A used fundamental physics and what is known about injury thresholds for the lumbar spine to show that negligent operation of the truck caused the Plaintiff’s injuries.
The case settled in favor of the Plaintiff – awarding $4.5 million dollars for damages and losses.
Hayes+Associates, Inc. (https://www.hayesassoc.com) is an expert witness and consulting firm based in Corvallis, OR. The company brings more than 75 years of collective experience in academic research, university teaching and forensic testimony to practice areas that include vehicle collisions, premises safety, slips and falls, products liability, worker safety, sports and recreation, patent litigation and criminal matters.
