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Jury Returns $12 Million Plus Verdict Against Frozen Food Express

March 12, 2014

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A more than $12 million jury verdict was recently handed down in a case involving the trucking company Frozen Food Express in a personal injury lawsuit.

A Milwaukee County Circuit Court jury found negligence on the part of Frozen Food Express and one of its truck driver contributed to the injuries suffered by a man when he was crushed between a trailer and the loading dock he was inspecting at the Birds Eye plant in Walworth County, Wisconsin, according to a release from the plaintiff’s attorneys.

Marlin Michael Bradway had been hired, through his employer, to service loading docks located at the Birds Eye facility. Upon arriving at the location on Feb 6, 2009, he noticed a truck and trailer owned by Frozen Food Express and operated by its driver at one of the docks where he was assigned to work. Upon inspection of the vehicle, Bradway determined that the truck and trailer were not in use, and that there was no driver in the truck or in the vicinity of the vehicle.

According to the lawsuit, while Bradway was inspecting the dock, the truck driver, without conducting a walk-around to inspect the area around the truck and trailer or otherwise warning Bradway, backed up to the dock, crushing Bradway repeatedly between the trailer and the loading dock wall.

Bradway sustained a severe crush injury to his pelvic and midsection, which caused him to undergo extensive medical treatment to repair his pelvis, urethra and intestines, that included hospitalization, rehabilitation, and other care. The lawsuit further claimed as a result of this accident, Bradway would continue to suffer permanent injuries effecting his quality of daily life.

According to court documents, the jury found that Frozen Food Express Industries was negligent in the training of its commercial truck driver. The driver was also found to be negligent in the operation of his motor vehicle.

The $12.3 million verdict rendered on Feb. 27 by the jury is subject to a 30% reduction, due to a finding of comparative negligence on the part of the plaintiff. The jury also awarded $3 million to the Bradway’s wife for loss of consortium.

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