A construction worker suffered an open fracture to the left femur, left acetabular fracture, fractures to the right pubic rami, and a right SI joint dislocation when he was struck by a concrete boom when a portion of a pumping truck sank. Plaintiff was responsible for the installation of forms used to provide the concrete foundation at a residential construction site. Defendant was hired to pump concrete into the forms he had installed. Defendant dispatched a pumper to the site and an employee proceeded to set up the pumper and pour the concrete. The outriggers attached to the pump truck began to sink and the concrete pumper became unstable. The operator lost control of the extended boom and plaintiff was struck with the boom. Plaintiff alleged defendant's employee was negligent in failing to properly secure the concrete pumper prior to initiating the pour and knew the concrete pumper was at risk of tipping in the absence of properly secured countermeasures. Plaintiff argued that, despite this knowledge, defendant's employee failed to secure the outrigger responsible for stabilizing the concrete pumper during the pour.
Plaintiff underwent multiple surgeries to repair the shattered hip with only partial success. He had permanent impairments and was unable to return to work. He also suffered permanent impotence. He had a spinal stimulator implanted. Plaintiff claimed $216,590 in past medical expenses and combined past and future lost wages of $1,294,255. Plaintiff also had a life care plan claiming substantial future medical expenses. The 42-year old man reached a $3,750,000 settlement with the concrete pumping company prior to trial in the Fulton County State Court.