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Industrial Accidents

Joseph E. Keys vs. Keystone Floor Products Co., Court of Common Pleas Philadelphia County, Case No.: 05-1347

Type of Case: Workplace Injury

Joseph Keys, age 53, was a self-employed flooring contractor by trade. On October 23, 2004, Mr. Keys went to Keystone Floor Products, Co., in Bensalem Pennsylvania, to pick-up a roll of carpet for a job. It was customary for contractors to go into the warehouse area of Keystone Floor Products and wait for their deliveries. While in the warehouse on October 23, 2004, a forklift operator for Keystone struck Mr. Keys with a roll of carpet while making a turn. Mr. Keys was thrown about 15 feet by the force of the impact and suffered a broken hip, which required surgical repair. Eventually, Mr. Keys underwent hip replacement surgery. Result: $900,000 Settlement*.

Warehouse Surveillance Video

Counsel: Christopher J. Heavens, Boothwyn, PA. Robert McCann and Wayne Schaible, Esquire, of McCann, Schaible & Wall, Philadelphia, PA.

Bobby Beasley vs. Mayflower Vehicles Systems, Inc., Circuit Court of Kanwaha County, West Virginia, Civil Action No.: 00-C-1874

Type of case: Workplace Injury

Bobby Beasley suffered a fracture of his leg when a steel sheet dislodged from a rack at Mayflower Vehicle Systems. A fork lift struck the rack and caused the steel sheet to become dislodged and strike Beasley’s leg. Beasley alleged that Mayflower stopped its practice of securing the steel sheets with straps prior to his accident and that the straps, had they been utilized, would have prevented the accident. Beasley also alleged that Mayflower retrofitted the racks with safety lips after his accident. Further, Beasley alleged that Mayflower was aware of the hazards created by the racks when the steel sheets were not strapped, since, before his accident, steel sheets had become dislodged because of the lack of straps and/or safety lips. Beasley was out of work for over one year as a result of his injuries. Result: $300,000 Settlement*.

Counsel: Christopher J. Heavens, Charleston, WV

Randy Lee Brown, vs. Bartlett Concrete, Inc, Smith Bartlett; Melanie Bartlett; Eddie L. Johnson; and Delinda J. Johnson, Circuit Court of Kanawha County, West Virginia, Civil Action No.: 00-C-1882

Type of Case: Workplace Injury

On August 2, 1999, Randy Brown was operating a concrete mixer truck for Bartlett Concrete when the brakes failed and Mr. Brown lost control of the truck. Mr. Brown was severely injured in the one vehicle accident that followed. Chris Heavens collected workers compensation benefits and Social Security disability benefits for Mr. Brown. Mr. Heavens then filed a lawsuit against Bartlett Concert, alleging the Bartlett intentionally exposed Mr. Brown to a condition which it knew could cause serious injury or death to him. Discovery in the case indicated that WVDOT inspected the subject truck following the accident and concluded that the truck lacked sufficient brakes at the time of the accident. The defendant disputed that the brakes were insufficient prior to the accident and contended that the brakes were damaged in the wreck. The defendants further contended that Mr. Brown was responsible for inspecting the truck before taking it out on the road and that any deficiency in the brakes should have been noted by him in advance of the accident. Mr. Brown’s expert, Gary Huey, cited state and federal regulations in opining that the duty to maintain the truck rested exclusively with Bartlett Concrete and opined that Mr. Brown’s pre-trip inspection would not have likely revealed the problem with the brakes on the truck. Result: Confidential Settlement.

Counsel: Christopher J. Heavens, Charleston, WV

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