Gene Toscano, Inc. represented a 62-year-old truck driver who was injured while unloading a delivery at a commercial dock in San Antonio.
The plaintiff was delivering paper supplies to a business property when a portable metal transition plate shifted under his weight, causing him to fall onto the dock surface. The plate had no warning labels and, according to the plaintiff, was commonly used with the approval of onsite employees. He claimed that the plate, although owned by a third-party vendor, was stored in an area accessible to delivery personnel and that the business was aware it was being used.
The plaintiff filed suit alleging premises liability, asserting that a hazardous condition existed on the property and that the business had control over the plate’s use and failed to ensure its safety. The defense denied any responsibility, claiming it did not own, supply, or authorize use of the plate, and that the plaintiff used it improperly in an effort to expedite his delivery.
The plaintiff was transported by EMS to the hospital, where he was initially diagnosed with a fractured tailbone. Although later X-rays did not confirm a fracture, he reported ongoing pain and limited mobility. He underwent about three months of physical therapy and claimed that his injuries affected his ability to sit for extended periods, play with his grandchildren, and continue working on cars—activities he previously enjoyed.
Medical expenses totaled approximately $7,500. The jury found both the plaintiff and the business equally at fault and assessed total damages at $45,000. After adjusting for comparative fault and adding court costs and interest, the plaintiff recovered $25,626.
This result provided compensation for injuries suffered during a delivery and highlighted the importance of workplace safety—even for third-party vendors and contractors.
