Grocery chain fails to train and certify forklift operator
Forced to pay $3,258,000 Jury Verdict
A 38 year old delivery truck helper was distributing beverages to a Fairway supermarket in upper Manhattan when he was suddenly hit by a forklift operated by one of Fairway’s employees. As a result of the accident, he sustained multiple fractures and lumbar spinal injuries requiring surgery. A personal injury lawsuit followed. Fairway argued that the delivery helper caused the accident by not staying on the sidewalk and instead stepped into the path of the forklift. The Plaintiffs argued that Fairway was negligent in the way it conducted its receiving operations and that Fairway could not provide evidence that the forklift driver had been trained and certified as required by OSHA. The case was tried before a Bronx jury and Fairway was found to be 90 percent liable. The Plaintiff was awarded $3,258,000 in compensation.
