Jurors find forklift driver negligent

News Story
- 4 Dec 2008 ( #389 ) - Baltimore, MD, United States
1 min read
A jury in Baltimore City Circuit Court has awarded USD305,000 to a truck driver who was struck and injured in a forklift incident at a spice warehouse in January 2007.

The jurors decided that forklift operator Leon Archer demonstrated negligence in running into the truck driver, Donald Lee Dunn, at a facility of Fuchs North America Inc.

After deliberating for about 30 minutes, the jurors awarded USD245,000 to Dunn for pain and suffering, USD40,000 for his medical expenses and USD20,000 for his lost wages.

During the trial, Archer testified that he was operating the forklift with the load directly in front and his vision blocked, a violation of a guideline under the occupational safety and health program of the Maryland Division of Labour and Industry. Archer was moving two bags of black pepper weighing a total of 2,000 pounds (900 kg).

The impact broke two bones in Dunn's left ankle, injured his right hand and tore a shoulder rotator cuff, jurors heard.

Dunn, a driver for Chesapeake Moving & Storage Co of Aberdeen, Maryland, was awaiting a load for his truck. He walked into a warehouse office to ask about the schedule and was directed out. At that moment, Archer drove around a blind corner and struck Dunn. At the time, Dunn acknowledged in writing that the accident was his fault.

Fuchs of Owings Mills, Maryland, is a supplier of cardamom, coriander, cumin, pepper and salt and other spices, seasonings and ingredients to the food industry and food service outlets. The North American operation, previously known as Baltimore Spice Inc, is a unit of Fuchs Gewürze GmbH of Dissen, Germany.

Judge Althea M Handy presided at the three-day trial.
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