3PL – Loading Liability Defense

Ted Schaer and Greg Mallon recently obtained a favorable verdict in Philadelphia’s Court of Common Pleas; a verdict that was 95% less than the last demand. Their success was covered in the local legal newspaper which can be seen here.

Ted was asked by the excess carrier to try this matter months before trial. Plaintiff was a warehouse employee for Peloton in his mid-thirties who suffered major crush injuries while unloading equipment that was loaded improperly. Plaintiff’s pelvis was crushed in 14 places, and he also sustained thoracic and femur fractures requiring numerous surgeries including a surgery that was the first of its kind due to the severity of the pelvic injury. The testimony was the Plaintiff will have chronic pain for the rest of his life. Past medicals and wages totaled approximately $800,000 and the future lost wages and care totaled around $7.5 million.

Ted Schaer was lead counsel with his partner Greg Mallon serving as as second chair. Negligence was admitted by Ted’s client. The case was tried on factual cause, comparative negligence, compensatory damages and punitive damages. The Court permitted the jury to consider punitive damages as the Court believed Plaintiff established a prima facia case of recklessness. The Defendant was a global logistics company valued in the billions, with a tower of coverage totaling $101 million.

The three week trial was comprised of numerous witnesses including approximately 8 video expert depositions conducted in March and approximately another 8 experts testifying live at trial. Plaintiff’s counsel was Jeff Goodman and Sam Dordick of Saltz Mongeluzzi & Bendesky, which is a leading personal injury firm securing some of the largest settlements and verdicts in the history of PA and NJ.

Plaintiff’s demand was the entire insurance tower of $101M and he did not negotiate off of it going into closing arguments. Prior to trial, efforts were made to mediate but were thwarted because Plaintiff’s counsel would not negotiate from its nuclear demand. Reasonable offers were made and rejected by counsel.

Ultimately, the jury awarded the Plaintiff $6.072 million gross with 20% comparative on Plaintiff and no recklessness/punitive damages were found.