A heavy machinery company conducted routine maintenance of a standard forklift. A common practice, they were confirming that the equipment was functioning correctly and capable of safely lifting several tons on active job sites. However, they neglected to report a critical issue. Three weeks later, that issue caused tragedy. The carriage spontaneously unhinged as the forklift driver began lifting industrial metal pipes. Standing next to the vehicle, a young spotter became the victim of career-ending injuries. The side shift carriage broke free of the main carriage and swung into the victim’s head. Then, it entirely snapped free, dropping 2,500 pounds of metal and pipe onto the top half of the victim's left foot, instantly amputating it at the level of four metatarsals and one phalange.
Before the incident, the 21-year-old man had found a calling in manual labor. His skill set was such that he had obtained work as a handyman in a more advanced industrial setting. On the day that he was catastrophically injured, he was standing at a safe distance to the side of the forklift as it moved the massive pipes, some of which weighed over half a ton. After the incident, his manual labor career was over, let alone his ability to stand properly.
A lawyer working on the Plaintiff's worker’s compensation case contacted Strong Law, P.C. to investigate possible third-party claims. Partner Nick Smart, who takes immense pride in helping victims of major personal injuries, dedicated himself to getting the Plaintiff back on his feet. Nick's mission was to discover what caused the carriage to detach from the forklift. He also needed to determine which third parties — if any — had shirked essential responsibilities that could have prevented this horrific accident.
First and foremost, Nick needed to assemble a clear story of what had happened on and prior to the day of the accident. He obtained witness statements and invoices from the forklift’s maintenance. Nick discovered that part of the maintenance process involved removing the side shift carriage to inspect it. He also learned that a wear plate had been missing and that bolts had been loose. Still, the picture remained incomplete. The negligent maintenance had last been performed on the forklift three weeks before the accident. Indeed, the Defense suggested that, in that timeframe, the Plaintiff's employer could have misused the forklift or had not correctly maintained it. They also claimed that the Defendant had not removed the faulty side shift carriage during the last inspection. Additionally, the Defense alleged that the Plaintiff had been too close to the forklift, blaming him for endangering himself. Thus, they argued that the accident could not have been the maintenance company’s fault.
Nick elicited critical testimony from the forklift driver, who had personally seen the maintenance company remove and work on the side shift carriage. In fact, he reported that the Defendant had previously mentioned a problem with it. Nick also argued that the Plaintiff had been safely standing adjacent to the forklift, not underneath it. He added that no warnings existed about the forklift's components breaking off and swinging to the side.
Next, Nick assembled a team of experts, including a mechanical engineer, a life care planner, a vocational rehabilitation specialist, and an economist. Most significantly, they discovered that the side shift carriage was markedly warped due to being forced back onto the main carriage. It was, therefore, under considerable additional strain while in use. Nevertheless, despite the strength of the case, Nick knew that demonstrating the physical evidence to a jury would be difficult. He understood that seeing the events in real-time could even be confusing. So, Nick reached out to DK Global to create an animated accident reconstruction.
DK Global's presentation showed a 3D model of the forklift with its key components labeled. It zoomed into the warped side shift carriage, complete with measurements in multiple views. Next, the animation depicted the warped carriage being forced onto the main carriage, illustrating the resultant strain and mispositioning. The presentation then showed an animated reconstruction of the accident. A step-by-step replay zeroed in to the equipment's failure points, displaying them in motion and pausing periodically to show precisely when and how the fork impacted the Plaintiff. The animation showed the upper hook dislodged from the forklift, swinging and striking the Plaintiff in the head and shoulder. Then, as he collapsed to the ground, the assembly’s combined 2,500 pounds landed on his foot, pulverizing the top half. The presentation concluded with x-rays and grotesque photos of the young man’s foot, both pre- and post-surgery.
Throughout the lawsuit, the Defense refused to make any settlement offers. Eventually, the case proceeded to mediation, where Nick and his team provided the other side with a package that included the DK Global presentation. After watching the animation, the Defense’s tone changed. They approached the negotiation table, willing to come to an agreement. Nick steered the mediation to a seven-figure settlement well beyond where he believed the case would resolve had animations not been used. The Plaintiff was so happy about the offer that he did not second-guess it.
Nick Smart joined the Springfield, Missouri office of Strong Law, P.C. in 2012 upon obtaining his JD. He became a partner in 2017. Strong Law has obtained more than $7,000,000,000 in verdicts and settlements. Nick specializes in personal injury, wrongful death, commercial litigation, and product liability. He has been honored by Super Lawyers Rising Stars (2019-2024), U.S. News Best Lawyers Ones to Watch (2021-2024), Missouri Lawyers Weekly, and the National Trial Lawyer Top 40 under 40 (2019-2023). He has been on the Board of Directors of the Missouri Association of Trial Attorneys since 2024 and is a member of the American Association for Justice.
