Legal Question in Personal Injury in Florida

I WORK AS A DENTION OFFICER ATH THE KROME DETENTION FACILITY, IN MIAMI, FLORIDA. A DELIVERY WAS MADE TO THE CAFETERIA/KITCHEN BY SYSCO. THE TRUCK WAS BEING UNLOADED BY A CAFETERIA COOK, AND THE SYSCO DELIVERY MAN. THEY PLACED A PALLET JACK WITH ITEMS ON THE FORKS OF A FORKLIFT, THE PALLET JACK, AND ITEMS WERE NOT LOADED PROPERLY, AND FELL, THE PALLET JACK STRUCK MY LEFT FOOT. OUT OF WORK FOR TWO WEEKS SO FAR, WILL HAVE TO ATTEND PHYSICAL THREAPY, SEEING A FOOT SPECIALIST, UNCERTAIN FOR HOW LONG. I AM ON WORKMANS COPM. IS SYSCO/DRIVER/FORKLIFT OPERATOR LIABLE FOR INJURY? I AM CONCERNED ABOUT THE INJURY. I HAD TO HAVE THE LARGE TOENAIL REMOVED TO RELIEVE THE PRESSURE UPON ORIGINAL VISIT. ANY INFORMATION/HELP/ADVISE WOULD BE APPRCIATED. GOD BLESS. RESPECTFULLY ANTHONY GARCIA (786)389-1646///[email protected]


Asked on 6/02/12, 8:09 pm

4 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Yes . . . the driver and the company is responsible for the injury to your foot. Og course, some of your loss is covered by workers compensation, but SYSCO is responsible for the actions and the negligence of its driver.

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Answered on 6/03/12, 7:39 am
Angelo Marino Angelo Marino Jr. PA

Yes, as stated above.

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Answered on 6/03/12, 8:47 am
David Slater David P. Slater, Esq.

Your attorney would be able to bring a lawsuit for your pain and suffering against Sysco for the negligence of their employee. This could be brought in Miami-Dade County. Good luck.

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Answered on 6/03/12, 9:51 am
David Burns David H. Burns, P. A.

Yes, you will have both a workers compensation claim and a third-party claim against SYSCO and its employee. Florida has a 4-year time limit for filing suit in a third-party negligence claim such as this.

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Answered on 6/03/12, 3:30 pm


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