Delivery man sues for injuries after fall at warehouse

By The Penn Record | Oct 31, 2014

A Delaware County man says that conditions at a Bucks County warehouse caused him to

fall and sustain serious injuries, according to a personal injury suit filed at the U.S. District Court for the Eastern District of Pennsylvania.

Maximiliano Guillen, of Drexel Hill, Pa., seeks damages in excess of $75,000 against Spirit Delivery & Distribution Services, Inc., for one count of negligence regarding the conditions of its warehouse in Bensalem, Pa. The plaintiff's wife, Nubia, has also filed suit for loss of consortium with her husband.

According to the complaint, Guillen worked independently as an appliance delivery person, frequently using the warehouse to pick up items for customers. On March 7, 2013, Guillen arrived at the depot and was assigned a loading dock to receive the appliances. The claim says that the configuration of the warehouse forced business invitees to use metal plates as bridges between the bays and the truck beds.

Guillen used one of those bridges to reach the loading dock doors, when the plates began to wobble, causing the plaintiff to lose balance and fall to the ground. The accident caused Guillen to suffer severe and disabling injuries to his body, including a closed head injury and internal derangement of his left shoulder, requiring surgery.

The incident has prevented the plaintiff from attending to his regular duties and occupation, resulting in a diminished earning capacity while incurring mounting medical expenses for his surgery and rehabilitation.

According to the complaint, the defendants acted negligently by failing to inspect the premises and provide safe access to the loading dock doors. Spirit Delivery allowed the unsafe conditions to exist at its warehouse when it knew or should have known the hazardous state of the makeshift metal bridges and ramps.

The plaintiffs are represented by Agostino Cammisa of Trichon, Cammisa & Axelrod in Philadelphia.

The federal case ID is 2:14-cv-06213-TJS.

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