Case details

Forklift operator run over in trucking yard suffered fractures




Mediated Settlement

Result type

Not present

chronic back, fractures left sacrum, leg. pain, right pubis
On Jan. 23, 2014, plaintiff Ernesto Alvarez, 24, a forklift operator employed by Greatwide Distribution Logistics, LLC, was at a trucking yard in Ontario when he was struck by Victor Melchor, an employee of Dedicated Fleet Systems Inc. Alvarez’s employer, Greatwide Distribution Logistics, and Melchor’s employer, Dedicated Fleet, have been working together both before and after the subject incident, as Dedicated Fleet stores and transports various supplies to and from Greatwide Distribution’s warehouses. Thus, when Melchor backed up his truck into a dock, he struck Alvarez, ran him over, and then dragged him by the front, passenger-side wheel of the truck. Alvarez allegedly sustained to his pelvis, back, and a leg. Alvarez sued Melchor; Dedicated Fleet; and another believed employer of Melchor, Osterkamp Trucking Inc. Alvarez alleged that Melchor was negligent in the operation of the truck by carelessly hitting him and running him over. Alvarez also alleged that Dedicated Fleet was liable for Melchor’s actions through the course and scope of his work and that Dedicated Fleet was negligent in the hiring, supervision, training, and retention of Melchor. Osterkamp Trucking was ultimately determined to have had nothing to do with Melchor. Thus, it was dismissed from the case. Defense counsel for Melchor and Dedicated Fleet asserted that Alvarez was negligent for walking into the pathway of Melchor’s truck. Counsel also asserted that Alvarez’s employer, Greatwide Distribution, was contributorily negligent by directing Alvarez to act in an unsafe manner and by failing to implement adequate safety policies by letting Alvarez be present in the yard without adequate warnings. Defense counsel further asserted that due to repeated instances of Alvarez’s unsafe behavior on the job, Greatwide Distribution negligently hired Alvarez and/or failed to adequately discipline him. In addition, defense counsel noted that his contentions were based on a Cal-OSHA investigation and the citation of Alvarez’s employer, which found Greatwide Distribution’s actions to be related to the subject accident., Alvarez sustained a pelvic fracture and a rupture of his bladder. Specifically, he sustained fractures of the left sacrum and a right pubis. Alvarez was subsequently taken to a hospital immediately from the scene. He ultimately underwent extensive rehabilitation, physical therapy, and abdominal surgery due to a hernia that was caused by his primary . Alvarez claimed that he developed chronic back and leg pain as a result of his .
Superior Court of San Bernardino County, San Bernardino, CA

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