Forklift driver alleges truck's unsafe condition caused him to suffer multiple spinal fractures

By Nicholas Malfitano | Aug 10, 2018

PHILADELPHIA – A forklift driver claims a truck he was riding in on the job was unsafe for loading and unloading, and that very same defective condition caused him to sustain several spinal fractures when the forklift fell from the truck.

Plaintiff James Bolduc of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 24 versus Ward Transport & Logistics Corp. (a.k.a. “Ward Trucking Company”), Ward Trucking, LLC (a.k.a. “Ward Trucking Company”) and Ward Trucking Corp. (a.k.a. “Ward Trucking Company”), all of Altoona, Uniflex, Inc. of Norristown, American Packaging Corp., American Packaging, Inc., Uniflex Holdings, Inc., Armor Paper Products Co. Inc., Becker Arena Products, Inc. (doing business as “Armor Paper Products Co., Inc.”), Georgia Retail Packaging, Inc., L&L Packaging, SWP Real Estate, LLC and SWP Holdco, LLC, all of Philadelphia.

On Sept. 18, 2017, Bolduc was using a Crown FC-4000 forklift to load palettes of cargo onto a 2007 GMC delivery truck which was parked at the facility’s loading dock. As Bolduc was attempting to back out of the truck, the truck suddenly and without warning moved forward, causing the forklift and Bolduc to fall backward, striking the ground and causing plaintiff to sustain serious and permanent injuries, the lawsuit says.

Bolduc asserts the defendants’ failed to properly and safely secure the subject truck and/or chock the wheels of the truck and as such, claims it was safe for loading and unloading, in addition to failing to provide a safe workplace, adequately inspect the facility for hazardous conditions and failing to coordinate with other persons and entities to ensure the workplace was safe, in addition to numerous other counts.

As a result, Bolduc says he suffered an L-1 vertebral compression fracture, L1-L2 vertebral transverse process fractures and a T-12 vertebral spinous process fracture, rendering him disabled, plus other physical, psychological, orthopedic and neurological injuries

The plaintiff is seeking damages, jointly and severally, in separate sums in excess of $50,000 in compensatory damages, delay damages pursuant to Pennsylvania Rule of Civil Procedure 238, interest and allowable costs of suit.

The plaintiff is represented by Larry Bendesky, Adam J. Pantano and Robert W. Zimmerman of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.

The defendants are represented by James C. DeCinti and John T. Pion of Pion Nerone Girman Winslow & Smith, in Pittsburgh.

Philadelphia County Court of Common Pleas case 180702648

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Philadelphia County Court of Common Pleas Saltz Mongeluzzi Barrett & Bendesky

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