 A jury has awarded $200,000 in damages |
A jury ordered a Mount Airy lumber company to pay USD200,000 in damages to James Jeffery Dobson of Elkin, who was injured while delivering a load of lumber to the business.
The damages ruling came after a two-day hearing after Mountain Lumber Company Inc admitted liability for the accident.
According to the
Elkin Tribune, the plaintiff, James Jeffery Dobson, was a truck driver for Miller Brothers Lumber Co. in Elkin when he made a delivery to Mountain Lumber in June 2012.
There, forklift driver Terry McBride unloaded a bundle, but one of the bands holding it together broke, causing a large oak board to come loose and strike Dobson on the head and ankle, knocking him to the ground.
He was treated immediately at Northern Hospital for a head laceration and a broken leg. Extensive swelling caused surgery to be delayed for about a week, which ultimately required a piece of metal screwed to the bone from the ankle to mid-calf.
Dobson continues to have facial scarring, nerve damage, weakness, numbness, stiffness and limited range of motion, as well as pain that requires daily treatment with over-the-counter pain relievers.
The damages requested by the plaintiff were for pain and suffering he has endured and will continue to endure, medical expenses that totalled USD17,002.03, missed time from work, mileage and permanent loss of function.
An affidavit from an expert in safety and health regulations stated that the company was in violation of several standards, including ensuring the operator of a powered industrial truck was competent and ensuring that those operators were certified and evaluated regularly.
Additionally, the affidavit noted that the company had a duty to take extra caution with loads reasonably known to be unstable or unsafely arranged, and that management "took no action and didn't require McBride to take any".