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Costley v. Crowley Foods

Case Conclusion Date: 10.22.2009

Practice Area: Personal injury

Outcome: Case settled at mediation for $550,000.00

Description: My client was a trucker picking up a loaded trailer at the Crowley Food Plant in Arkport, NY. A mechanical problem with the trailer required that part of the load be removed so that Mr. Costley could fix the trailer brakes. After doing so, Crowley food employees began to reload the trailer. As they did so, a fork truck driver with a long history of dangerous and inattentive driving failed to obey internal rules regarding the operation of fork trucks, and ran over my client's foot causing a limb threatening crush injury and multiple fractures. Mr. Costley was totally disabled as a result of his injuries, and can never drive trucks again. Crowley foods refused to negotiate the case, and so it was placed in suit. At depositions, I elicited testimony of the fork truck drivers history of driving unsafely, to the point where his co-workers were afraid to work with him. It was established that multiple complaints were made to management, with no corrective action taken. After depositions,the attorney for Crowley Foods requested mediation. The mediation was unsuccessful, as Crowley failed to offer sufficient money to induce a settlement. After the mediation, Crowley foods finally cam up with sufficient money to settle the case.

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