Recent Results Personal Injury June 2021

Third-Party Liability Concrete Pump Truck Injuries

11/29/2021 By Justin Kallal

DJK obtained a favorable settlement for a client who was injured at work when he was holding the end of the concrete pump line placing concrete at a jobsite in Cheyenne. The pump line became clogged and then the truck operator attempted to prime the line, which caused the line to explosively unclog and whip around striking our client. He sustained serious injuries from concrete shooting into his eyes and ear and he suffered a separated shoulder from being struck by the hose.

Workers’ compensation originally covered all of our clients bills and he would have never known he had a potential claim against the concrete pumping company, but workers’ compensation denied payment on one of his medical bills and he came to DJK for help.  DJK trial lawyer and partner Jason Johnson filed an objection to the work comp denial and got our client’s medical bills paid.

Jason Johnson and DJK trial lawyer and partner Justin Kallal analyzed the incident and realized it could not have happened without negligence on the part of the third party concrete pumping company.  In Wyoming, an injured worker can recover from both workers’ compensation and a third party, if they are hurt on the job and it is the third party’s fault.  Since the client worked for a local contractor and not the concrete pumping company, he had the right to bring a third party claim.

Fortunately, our client fully recovered from his injuries and returned to work.  After his medical treatment was complete, then Jason and Justin sent a demand to the insurance company to attempt to settle the case without litigation.  The insurance company dragged its feet and refused to negotiate, so Jason and Justin filed suit on behalf of their client.  Claims were brought for negligence and res ipsa loquitir, which basically means the thing speaks for itself and it could not have happened without negligence.

A default judgment was obtained when the concrete pumping company failed to answer the lawsuit on time.  After this, the insurance company decided it was time to come to the table and negotiate in good faith and DJK achieved a favorable settlement without having to engage in any additional litigation.  Jason and Justin’s experience handling both workers’ compensation claims and personal injury claims gave them the ability to see the third party claim and obtain additional compensation for their client.

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Wyoming 82001.