Williams v. National Retail Transportation, Co.
PEDESTRIAN V. TRUCK
Plaintiff was working as a security guard and was assigned to work at Defendant trucking company's trucking yard. On Plaintiff's third day of employment, a yard truck (yard goat) owned by trucking company and operated by trucking company's employee struck her in trailer yard as she was crossing the roadway. It drove over her right leg causing a degloving injury and she had to have spleen removed. Permanent scarring and loss of muscle and tissue mass. Short term memory loss. Plaintiff frontal lobe injuries. Plaintiff alleged that reconstruction evidence demonstrated that the yard truck driver was speeding and inattentive; and that truck yard layout contributed to the likelihood of injury and did not have clear demarcated areas for pedestrians. Defendants contended that Plaintiff was responsible for failing to look where she was going and that she was a special employee of Defendant trucking company and limited to workers compensation benefits. Plaintiffs successfully defeated defense contention that plaintiff was a “special employee” and therefore were able to get her compensation separate from worker’s compensation.