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Factory Worker v. USA Truck, Inc.

Client sexually assaulted by the superintendent of a building. The landlord was sued...

Plaintiff after looking both ways made a left turn. The defendant was going straight but speeding...


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Results & Recent Verdicts

Case Name: Factory Worker v. USA Truck, Inc.
Type of Case: Personal injury Court: U.S. District Court-Portland
Judge: Singal
Docket #: 05-41 GZS

Facts: Defendant backed tractor trailer up to loading dock at Portland Air Freight. Plaintiff was an employee of PAF who met the truck. He asked the driver trainer if the truck was "all set". He proceeded to begin unloading the truck with a forklift, as he backed out the truck rolled away from the dock. The forklift got hung up, Plaintiff jumped to the pavement just before the forklift fell to the ground. Defendant failed to engage the air brakes or chock the truck. Defendant argued Plaintiff was at fault for the accident by not independently checking the truck brakes and chocks, and jumping from the forklift. Jury found no comparative negligence.

Damages Alleged: Medical bills-$61,761, Marriott Residence-151 days-$16,459, Lost wages- $11,823
Injuries: Fractured left calcaneus, Right tibial Pilon fracture, Loss of consortium
Date of Verdict: 12/6/05
Amount of Verdict: $753,541.00
Insurance Company: Self insured
Settlement negotiations: Mediation, offer $85,000.00, demand $525,000.00
Experts: Plaintiff-Dr. George Babikian, orthopedics, Dr. David Phillips, permanent impairment Defendant-Jeffry Drake-Creston, OH-forklift operation.
Attorneys: Plaintiff-Thomas R. Downing, Hardy, Wolf & Downing, PA
Defendant: Mark Kenny, Freidman, Gathwaite and Leavitt.


Client sexually assaulted by the superintendent of a building. The landlord was sued.

  • Offer: $0, Result: $150,000

Plaintiff after looking both ways made a left turn. The defendant was going straight but speeding. Through an expert we showed that the defendant was speeding.

  • Verdict $50,000 and an additional $35,000 in UMI coverage was obtained

A roll of paper ran over an independent contractor's foot at Sappi.

  • Offer: $0, Result: $385,000

Boy struck by a Can Am truck in Kennebunk while returning from Boston. All 3 witnesses said the boy turned into the truck. Through an expert we proved fault on the part of the truck.

  • Offer $0, Result $500,000

Contact our Maine personal injury lawyers today to schedule a consultation.

1. We listen. We care about getting you all the money you deserve.

2. Experience. We have fought for injured Mainers for 34 years.

3. Results. We've collected more than $100 million for injured Mainers.

4. We're specialists. Personal injury law is what we do. We know the medicine and the law and we know what it's like for our clients.

5. Reputation. You know we'll stand up for you all the way and so do the insurance companies. They pay our clients top dollar.

Maine Accident and Injury Victim Resources
Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse (PDF)
Allstate Ranks as Worst Insurer for Consumers
On Choosing an Attorney
Ten Things Every Accident Victim Should Know
How Much is My Claim Worth?
Why Do I Need a Personal Injury Specialist - Won't My Family Lawyer Do?
Seven ways to Increase your Insurance Settlement
Report: Insurance Industry Overcharges, Underpays Customers

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