In February, 2006, a warehouse worker was injured when he was struck by a forklift while performing his duties on a loading dock in Orlando, Florida. The rear wheel of the forklift struck his right foot, causing a "degloving" injury, in which the skin, muscles and tendons were torn from the skeletal structure of the foot. The accident also crushed some of the bones of the foot and ankle joint. The foot was reconstructed over a period of two years, requiring more than eleven surgeries and procedures.
The operator of the forklift and his employer denied responsibility for the accident, claiming that the warehouse worker was at fault for failing to pay attention. They also alleged that the owner of the forklift and warehouse was responsible for failing to properly outfit the forklift with backup alarms, rearview mirrors or other safety equipment. They contended that the warehouse should have had separate lanes for pedestrians and forklifts as well. The defendants initially offered $500,000.00 to settle the case, but withdrew the offer during the litigation.
After a ten day trial, a jury composed of one man and five women returned a verdict of $5.9 million; $1.9 million in past and future economic damages, and $2 million for past pain and suffering and $2 million for future pain and suffering. The jury found that the plaintiff was 1% at fault and the warehouse owner was 10% at fault, leaving a net recovery for the plaintiff of $5.3 million. The defendants' appeal is pending.