Martin Rowe Secures Unanimous Defense Verdict in Dump Truck Injury Case

Congratulations to Martin Rowe on securing a unanimous defense verdict in a personal injury case tried before the Hon. Francis Ricigliano in Nassau County Supreme Court.

A jury was selected on July 21st, and the case was tried before the Hon. Francis Ricigliano, commencing on July 28th and concluding with a defense verdict on July 30th.

The plaintiff was a member of a Masons Lodge that was undergoing some renovations. Our client owned a landscaping dump truck. At the request of his son-in-law, also a member of the Masons Lodge, our client lent the truck to the Lodge for debris removal. He drove the truck to the Lodge, parked it, and returned home. The Masons had previously used the truck under the same arrangement.

The plaintiff, an electrician by trade, was one of the volunteers at the Lodge that morning. He testified that he was attempting to lower the rear tailgate of the dump truck, which weighs 400–500 pounds, when it detached completely, causing it to fall on him and crush his left hand. The plaintiff alleged that we provided the truck in an unsafe condition and that our client had a duty to remain behind to ensure that those using the truck knew how to operate it.

The plaintiff testified that he had only removed 2 of the four pins holding the gate and “does not remember” if the safety chains were present. Two fellow Masons were called as witnesses, but both gave differing accounts of how the accident happened, also not remembering if the safety chains were present.

The defendant testified that he delivered the truck as he had done before, without incident. All the pins and chains were in place when he left the truck. He stated that he lived one mile from the hall and would have returned to instruct anyone who asked.

The defense called Kevin Tully, B.E. in Mechanical Engineering. Mr. Tully testified that he had inspected the truck and used his photos to explain to the jury the proper functioning of the gate and its components. He testified that the door could only have fallen off if all four pins and both safety chains were removed. If the plaintiff had only removed the top pins, as he claimed, the door would not have fallen off. Mr. Tully also testified that the truck could not have been driven to the hall with the pins and chains already removed, as the gate would have fallen off during transport.

The jury initially asked for the photographs. Shortly thereafter, they delivered a unanimous verdict in favor of the defense.