Jennifer Middleton and Derek Johnson, both of Johnson Johnson Lucas & Middleton, announced today a settlement of a case they had recently tried to a jury verdict. After a two-week trial, the jury awarded their client, Stuart Wagner, $6 million to compensate him for his losses. It also found that he was 50 percent at fault, thus reducing his award to $3 million. Rather than appealing the jury’s verdict, the defendants in the case agreed to pay the entire $3 million awarded by the jury.
On June 3, 2015, Wagner was delivering logs to a sorting yard in Dexter, Oregon. Wagner was removing wrappers from the load when a log rolled from the load and struck him in the head and body causing permanent disabling injuries. In the lawsuit, Middleton and Johnson argued that Brewer & Brewer, Inc., violated the Oregon Employer Liability Law because the company failed to provide an appropriate machine or device to protect Wagner while he was removing the wrappers from his load and they failed to follow OSHA safety rules.
“The liability law exists to provide safety for employees who transport logs and timber products,” said Derek Johnson. “Brewer & Brewer, the yard operator, had a responsibility to provide a safe work place for drivers entering the property.”
Wagner will continue to need medical treatment for the rest of his life.
“We believe justice was served in protecting Mr. Wagner’s rights. This case serves as a reminder that companies engaged in dangerous work need to take all precautions to protect the safety of employees,” said Jennifer Middleton.