Product Liability Case Illustration

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In the case of a 42-year-old asphalt raker employed by the City of Rochester, the worker was injured when he was thrown into the air after an explosion on the job. The worker sued the City and the manufacturer of the machine for his injuries. A vocational expert was used to evidence his future lost wages.

The plaintiff claimed he was told by his foreman to pour diesel fuel into an asphalt recycling machine about 15 minutes after the machine was shut off. This resulted in an explosion, throwing the plaintiff into the air. His fall resulted in a tibial plateau fracture, negatively affecting the knee joint, stability, and motion. He later sustained a severe comminuted femur fracture of the same leg as a result of his prior knee injury. Approximately 1 year later, his femur was fractured again due to the stiffness of the knee.

Following the accident, the plaintiff was out of work for 2 years. His rehabilitative expert testified that his employment opportunities were severely limited.

The plaintiff was awarded $2,170,000 in damages. $70,000 of this award was for medical expenses, $150,000 was for past lost earnings, $250,000 was for past pain and suffering, $700,000 was for future lost earnings, $1,000,000 was for future pain and suffering.

The plaintiff’s rehabilitative expert was Edmond Provder, owner of Occupational Assessment Services, Inc. (OAS). Mr. Provder is a Certified Rehabilitation Counselor who has worked as a vocational consultant since 1973. He has been providing vocational expert services in the United States for over forty years. The experts at OAS have assisted in many of the top personal injury cases in New York and New Jersey. Contact us at 800-292-1919.