On January 2, 2019, Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) client, a 70-year-old truck driver from Pleasant Valley, NY, was making a delivery to a warehouse in Middletown, NY. He backed up his truck to the loading dock, parked it and entered the warehouse. When he came back out, he connected the drop plate with the back of his truck and the warehouse employees started to unload the pallets. During that time, FKC&S’s client stepped to the side of the loading dock onto a bumper plate which gave way. He fell about six feet and suffered a full thickness tendon tear in his right shoulder.
FKC&S’s client ultimately had surgery and never returned to work. Sadly, he passed away from unrelated issues in 2022. Following his death, Steven H. Cohen petitioned to have his wife named administrator of his estate by the Surrogate Court.
The warehouse was owned by one corporation and rented space to two corporate tenants. The lease provided that the owner safely maintain the premises, but FKC&S gathered proof that the landlord never inspected the loading dock. The tenants knew of a recurring problem with the bumper plate failing and neglected to regularly inspect it or warn anyone.
The case was settled two days before trial for $400,000, which will go to FKC&S’s client’s estate.