Our client, a truck driver, was severely injured as he attempted to make a pickup from a food packaging factory.  Our client attempted to enter the property through an automatic metal gate, but he found the gate to be jammed and it would not close behind his truck after he accessed the factory grounds.  Trying to secure the property, our client attempted to slide the 700-pound gate closed, but due to improper design, installation, and maintenance, the gate came off its track and crushed our client.

Our client was found unconscious underneath the gate with blood pooling beneath his head.  Our client sustained severe injuries to his body, including a fractured pelvis, broken teeth, a broken nose, and three fractures to the facial bones of his skull.  He also sustained a traumatic brain injury, the symptoms of which have still not fully resolved.

While our client treated and recovered from his injuries, the Amaro Law Firm worked to attain justice from the fence installation company and the property owner.  Our attorneys discovered that this gate had previously fallen over, and that there were adequate safety measures that could have been installed that simply were not.  As the fencing company and the property owner attempted to point fingers at each other, our attorneys continued advocating for our client.

The Defendants tried to say that our client did not have a brain injury—despite having a 700-pound gate strike him in the head which cause his head to be slammed into the concrete parking lot—and even if he did have a brain injury, that injury had healed.  After a court-ordered neuropsychological examination, our attorneys moved to strike the defendant’s neuropsychological expert on the grounds that his paid-for opinions were unreliable and unfounded.  Our attorneys won that motion and that expert was excluded and his opinions set aside.

After two mediations, the Amaro Law Firm achieved a substantial and confidential settlement for our client on the eve of trial.