Forklift operator sues Phila. distribution center over fractured arm sustained while on the job

By Jon Campisi | Oct 2, 2013

A subcontractor who sustained a fractured arm after items from a forklift

A subcontractor who sustained a fractured arm after items from a forklift

fell on top of him at a commercial loading dock in Philadelphia has filed suit over the incident.

Attorneys from the Newtown, Pa. law firm of Swartz Culleton filed a civil complaint Sept. 23 in state court in Philadelphia on behalf of city resident Andre Diggs, who claims he was injured on April 30 of this year during a workplace accident.

Diggs, the suit says, was hurt after items that had been loaded onto a forklift he was operating fell from the forks.

The items had been loaded onto the forklift by workers employed by Sysco Philadelphia, which operates a distribution center at 600 Packer Ave. in South Philadelphia, according to the civil action.

It was the duty of Sysco to keep and maintain the property and equipment at the terminal in a reasonably safe condition for individuals lawfully on the premises, including those employed by subcontractors such as Diggs, the suit states.

The defendant stands accused of negligence for allowing items to be carelessly and negligently placed on the forklift operated by the plaintiff, improperly stacking items too high onto the forklift, failing to realize the risk posed by the defendant’s actions, and failing to properly supervise employees.

As a result of the incident, the suit says, Diggs sustained severe injuries including fractures of the ulna and radius of the left arm that required open reduction and internal fixation, as well as a severe shock to his entire nervous system.

Diggs says he has incurred significant medical expenses and was unable to work after sustaining the arm fractures, leading him to experience wage losses.

The plaintiff also maintains that he has suffered a loss of the enjoyment of life’s pleasures due to the workplace injury.

He seeks more than $50,000 in compensatory damages.


The case ID number is 130902593. 

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