For Immediate Release
March 12, 2012
Paul Bucci and Brian Kent announce a multi-million dollar settlement in a catastrophic injury case which occurred at the Cape Liberty Cruise Ship Terminal in Bayonne, New Jersey. Three additional, confidential settlements were reached with three co-defendants.
The case was not a workers’ compensation claim against the plaintiff’s employer, but a claim against a heavy equipment and forklift operator training company, New York Shipping Association, Inc. and other third party defendants.
The case was filed in Middlesex County, New Jersey, and was scheduled for trial on March 5, 2012, before Judge Joseph Rea.
Their client, a dock worker and pier superintendent, suffered severe, permanent injuries when he was run over by a forklift, caught underneath the front part of the lift and dragged for approximately 20 feet.
His injuries included severe multiple orthopedic trauma to the pelvis and both legs, bilateral degloving injuries, and multiple severed arteries in the legs. His claim for damages included past and future lost wages, past and future medical expenses, and pain and suffering. His wife had a claim for loss of consortium.
The crux of the case was the plaintiff’s allegation that the defendant, New York Shipping Association, Inc. failed to properly train the forklift operator, which caused the operator to run over the plaintiff.
According to the plaintiff’s attorney, Brian Kent, “We were able to show that NYSA’s entire training program violated OSHA requirements for forklift training and certification at marine terminals.”
New York Shipping Association is responsible for training and certifying all longshoremen at ports and terminals in New York and New Jersey. The case settled just before jury selection.
Longshore and dock workers are at risk for significant injury. Docks and terminals are busy places, given the level of commercial activity which occurs. Accidents involving forklifts and other heavy equipment such as cranes are very common.
Access LBK’s free legal article to read more about longshoremen and dock workers’ rights in terminal and maritime accidents in New Jersey.
Last updated: November 4, 2014