Fannin County Court Upholds Long-Term Disability Benefits Denial

In March 2012, a plaintiff was operating a stand-up rider forklift at a warehouse facility in Valdosta, Georgia, when the steering allegedly became inoperable due to a loss of power, causing the forklift to crash into a stationary object. The plaintiff claimed that an unsafe design of the forklift's operator compartment resulted in a leg being crushed, leading to injuries including a partial left leg amputation. The plaintiff and their spouse filed a complaint in May 2013 in the Georgia State Court for Lowndes County against the forklift manufacturer, alleging claims of strict product liability, negligence, punitive damages, and loss of consortium. The plaintiff sought damages for medical expenses and lost wages, and claimed a loss of working capacity. The manufacturer removed the case to the U.S. District Court for the Middle District of Georgia, Valdosta Division. Later, the plaintiff's employer and its workers' compensation agent intervened, seeking reimbursement for indemnity benefits and medical expenses paid. At trial, the plaintiff contended the forklift's operator compartment was defectively designed due to insufficient protection on one side. The manufacturer argued that the forklift met all federal and industry standards and regulations, was state-of-the-art, and had no defects. Following a jury trial in July 2015, the jury returned a verdict in favor of the manufacturer, determining that the forklift was not defective in design. A judgment was entered for the manufacturer on the same date.

On November 11, 2015, a vehicle operated by the plaintiff was rear-ended by a vehicle driven by the defendant on a street in Atlanta, Georgia. The plaintiff was transported to an emergency room for neck pain and was later diagnosed with cervical disc herniations at C3-4 and C4-5. The plaintiff subsequently underwent cervical fusion surgery and reported residual pain and limitations in daily activities. The plaintiff filed a lawsuit against the defendant, alleging negligence in vehicle operation. The plaintiff claimed the defendant failed to maintain an appropriate distance and proper lookout, leading to the collision and resulting injuries. The plaintiff sought damages for past and future medical expenses, as well as past and future pain and suffering, including $100,000 in past medical costs. The defendant denied negligence, asserting the plaintiff caused the accident and that the defendant was unable to avoid the impact. The defense also argued that the plaintiff's injuries were pre-existing and unrelated to the collision, contending the surgery addressed a prior condition. The case concluded prior to trial when the defendant's insurance carrier agreed to pay the plaintiff $100,000, representing the policy's limits.

A motor vehicle accident involving a Ford Super Duty truck resulted in the deaths of its occupants when the vehicle's roof crushed. The incident also involved an alleged tire load capacity issue. The plaintiff filed a lawsuit, contending that the truck's roof was defectively designed and failed to protect the occupants, leading to fatal injuries. The plaintiff argued that the vehicle's roof structure was inadequate and contributed to the deaths. Expert testimony for the plaintiff covered forensic pathology, biomechanics, accident reconstruction, mechanical engineering, and vehicle crashworthiness to demonstrate the alleged design defect and its role in causing the fatalities. The defendant disputed the allegations, maintaining that the vehicle's design was not defective or that other factors were responsible for the occupants' deaths. Defense experts presented testimony in fields such as anatomical pathology, mechanical engineering, metallurgy, and occupant kinematics to challenge the plaintiff's claims. Following a trial that concluded on August 19, 2022, a jury awarded the plaintiff $1,724,038,500. The verdict indicated that the jury found the defendant liable for the alleged defects contributing to the occupants' deaths.