DANGEROUS
IOWA WORK SITE
CONTINUED FROM PAGE 3
action to remedy the safety hazards on its property
because it was more concerned about maintaining the flow of truck
traffic to ensure it received a steady supply of corn for production.
Near the close of discovery, plaintiffs were allowed to amend
their Petition to bring a claim for punitive damages against the
plant based on its prior knowledge and reckless disregard of the
safety hazards posed to construction workers at the plant.
With regard to the trucking company, plaintiffs alleged the Rampley
truck driver failed to keep a safe lookout, failed to keep the
tractor/trailer rig on the roadway and failed to stop at a posted
stop sign near the area where Eric was injured. In addition, interviews
and depositions of other workers showed the Rampley truck driver
had a reputation for being a careless driver who was “always
in a hurry” and was often heard complaining about delays
in corn delivery at the plant, especially during the construction
project. Just minutes before he ran over Eric’s leg, the
truck driver told a grain inspector at the plant “if he
could get that load dumped soon enough, he was going to try to
get another load and come back before the plant closed.”
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The case presented significant
challenges with regard to comparative fault and the extent of
the plaintiffs’ damages. The defendants were prepared to
present evidence that Eric was working outside of his designated
staging area and was actually in or within inches of the roadway
at the time he was struck. The defendants also claimed Eric had
been warned to be aware of truck traffic at a safety meeting just
hours before he was injured. Iowa law precludes recovery where
the plaintiffs’ fault is found to be greater than 50%. In
addition, while the plaintiffs claimed economic losses in the
range of $1,500,000- |
2,000,000, through hard work Eric
had recovered to the point that he could walk without a noticeable
limp. Although Eric has permanent injuries, he had returned to
work part-time and no longer required regular medical care.
Following the close of discovery, the case settled
at mediation for $1,925,000. All defendants participated in the
settlement, with the largest contribution of $1,000,000 coming
from the grain processing plant. We would like to thank our friend
and local counsel Fred James of Des Moines, Iowa for his invaluable
assistance in this case.
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