Trial Magazine

Valentin Guevara-Diaz, 60, was placed by a temp agency at Procacci Bros. Co. While he was on the job, another worker ran over his foot and leg with a pallet jack forklift. Guevara-Diaz suffered a fractured right ankle, which necessitated surgery.

He and his wife sued Procacci Bros. Co. and Procacci Bros. Sales Co., alleging the defendants had provided unsafe working conditions. The plaintiffs asserted that the other worker had improperly operated the forklift and that there should have been a spotter present. Additionally, suit claimed the defendants had failed to ensure that their employees and contractors were versed in the field of forklift safety. The plaintiffs did not claim lost income or past medical expenses.

The jury awarded $2.3 million.

Citation: Guevara-Diaz v. Procacci Bros. Co., Undisclosed Dkt. No. (Pa. Ct. Com. Pl. Phila. Cnty. July 23, 2024).

Plaintiff counsel: AAJ members Kenneth F. Fulginiti and Sarah F. Dooley, both of Philadelphia.