This is one of the more unusual cases I have ever handled. I represented a retired gentleman who worked part-time as a laborer at a horse farm in the rural part of Bucks County.
On the day of the accident, a horse feed delivery company was delivering a ton of oats. The oats were delivered in a tank truck. The oats were blown via a fan system through a series of hoses, which fed into a little silo attached to the barn.
As the oats were being delivered, the delivery man sat in the cab of his truck. On that particular day, the hoses had a leak, and the delivery man didn't realize that the oats were coming out of the hoses. The oats were blown into the sky, onto the ground and the roof of the barn.
After the delivery man realized the oats were all over the roof, he attempted to clean up the oats. Rather than sweep the oats on the roof onto the ground, he took a wet dry vacuum cleaner up onto the pitched roof of the barn and started to vacuum the oats.
As the vacuum cleaner got more and more filled with oats, it became unstable, tipped over and fell off the roof. At that instant, my client was walking out the door of the barn, and the oat filled vacuum cleaner struck him on the head and shoulder. As a result, my client suffered a significant head injury and a shoulder injury requiring surgery.
Because the accident happened in Bucks County and because all parties were from Bucks County, the case was filed in Bucks County.
Just before the case went to trial, we were able to settle the case for $700,000.
Many people think that if they are injured at work, the only legal remedy they have is filing a worker's compensation claim. That is simply not the case.
If the accident was caused by a third party, such as an outside contractor or a vendor, the injured worker can pursue a legal claim against the third party.
If you were injured at work and would like to know if you have a third party claim, feel free to contact our PA NJ workplace accident lawyers for a free, no obligation consultation. 877.944.8396