Gene Toscano, Inc. served as part of the legal team representing an international truck driver who suffered catastrophic injuries when his foot was crushed by a forklift at a produce distribution center in McAllen, Texas.
The plaintiff was standing in a designated waiting area in the loading bay when a warehouse supervisor, operating a forklift in reverse, struck and ran over his foot. The forklift operator’s employer failed to provide adequate training, enforce safety policies, or conduct post-incident drug testing—despite internal reports of the operator’s alleged substance abuse.
The injuries were extensive, including multiple fractures, severe nerve damage, and amputation of the great toe. The plaintiff underwent multiple surgeries, skin grafts, and continues to suffer from chronic pain, complex regional pain syndrome, and permanent impairment. Expert testimony supported his long-term inability to work and outlined a life care plan to address ongoing medical needs.
Through detailed investigation and testimony from former employees, the legal team helped expose a dangerous safety culture and negligent supervision practices within the company. After a six-day trial and one day of deliberations, the jury found the employer 90 percent liable and awarded $7,887,361.31 in damages—including $3.75 million in punitive damages to send a message about warehouse safety standards.
This result provided financial relief for medical care, lost income, pain and suffering, and long-term needs—and reinforced the responsibility of warehouse operators to protect workers and visitors alike.
