Wrongful Death – $5.47M

THE VIRGINIA STATE BAR RULES OF PROFESSIONAL CONDUCT REQUIRE ALL ATTORNEYS TO MAKE THE FOLLOWING STATEMENT AND DISCLAIMER TO THEIR CASE RESULTS.

SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE ALLEN LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

Location: Richmond
Settlement: $5,475,000

Attorneys Jason W. Konvicka and Chris P. Guedri represented the family of the deceased in a wrongful death action that arose out of an industrial incident on August 17, 2017. At the time of the incident, the decedent was working as an independent owner/operator of a logging truck and was delivering a load of timber to a mill. When he arrived, he was instructed get out of the tractor, put on a safety vest and hard hat, and step inside a yellow steel safety cage located nearby.

As the crane operator prepared to remove the second bite of logs, the trolley of the crane “trolleyed out” causing the grapple to hit the shelter, knocking it over and on top of the decedent’s legs.

The decedent sustained multiple injuries. Fourteen surgeries were performed and his right leg was eventually amputated below the knee. His condition continued to worsen and on September 25, his family withdrew life support so that he could die with dignity.

The decedent was 63 years old. Beneficiaries to his estate included his wife of 35 years and his two adult sons.

A lawsuit was filed asserting that the defendants were negligent in the manner in which the crane was operated, inspected and maintained. Allegations of improper job site design (based on the proximity of the safety cage to the crane) and negligent training were also included.

The case resolved as a result of mediation.