August 24, 2009 : Mary E. Sherlock Gains Defense Verdict in Industrial Accident Case
Mary E. Sherlock, a partner in the Firm's Dover office, prevailed on behalf of a property owner at a recent five-day jury trial in Kent County.
On May 20, 2003, plaintiff Rocky Stayton was seriously injured while moving a large four-wheeled pelletizer machine, weighing nearly 1,700 pounds, on the premises where he worked. He was manually moving the machine through a passageway of the premises over an allegedly defective concrete flooring. He claims that the floor had a notable depression and cracking that caused the machine to become unstable and to tip over onto him. The plaintiff suffered extensive crushing injuries to his left leg and hand and has undergone numerous surgeries.
The plaintiff sued numerous entities, including his employer and the owner of the premises. The workers' compensation lien was $486,000 and the settlement demand prior to trial was $4 million.The jury deliberated for 20 minutes before finding no liability against the property owner. Ms. Sherlock also was successful in her client's declaratory judgment action against the plaintiff's employer seeking a defense under the terms of the commercial lease of the premises.
File Under: Results, General Liability, Mary E. Sherlock