A Bronx supermarket worker who was responsible for taking care of the “carcasses hung on a meat trolley in a cooler” was injured when about six of the carcasses fell onto him as reported by the new York Law Journal in a June 24, 2013 news article.

As a result, he sued the supermarket’s owner and the company that bought and delivered the carcasses. The worker claimed that the market did not properly maintain the trolley with the carcasses thus their failure caused his accident. Moreover, he claimed that the company that delivered the carcasses failed to ensure that the carcasses were adequately safeguarded and thus, they fell onto him. The worker alleged that the carcasses were dropped off by the company the same day he was injured and he claimed that there were more carcasses dropped off that could fit on the trolley thus they overlapped.

The worker injured his right shoulder and  had to undergo about twelve months of therapy and a few surgeries. he claimed that the pain he suffered prevented him from working. He wanted to recover for pain suffered and that he will suffer, lost earning past and future and medical bills past and future. He wanted at least three million dollars.

The market was dismissed from the case because it was able to prove that the trolley was maintained by a separate company who was responsible for taking care of it.  The carcass company claimed that it did not deliver on the day the incident occurred and even if it did the company already did its job of delivering and unloading the carcasses thus they did not owe a duty to the employee rather the supermarket as it was responsible for taking care of the carcasses. In the end, the worker lost his case.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.