Young v. Conagra
Dec 12, 2012OUTCOME: Gross Jury Verdict $629,000 Pre-Trial Offer $0, Third day of Trial Offered $350,000.00
On August 11, 2008, plaintiff, 46, a truck driver, was standing on a trailer that was being loaded with flour at a Conagra Foods Inc. facility. The flour came out of the wrong chute and struck him. Pl ... aintiff sued Conagra for premises liability. The defense argued that plaintiff's employee manual said to stay in the truck and not stand on it when flour is loading. The defense further argued that plaintiff's employer, a workers' compensation subscriber, failed to train him properly. Plaintiff sustained back sprains and strains. He finished his shift and, the next day, went to the doctor. The past medical bills were $50,000. Plaintiff claimed past and future medical bills, loss of earning capacity, physical impairment, and pain and suffering. The defense experts opined that plaintiff sustained nothing but soft tissue injuries to his back. The defense further argued that, because the past medical bills were for diagnostic testing only, they jury should not award them.
