Trial Magazine

Leonardo Viera, 59, drove a tractor-trailer loaded with scrap metal to a facility owned by Covanta Dade Renewable Energy. Covanta Dade had a trucking contract with Big Dog Express, which subcontracted with P&A Transport Corp.

When Viera arrived at the Covanta Dade facility, he attempted to remove the tarp he had placed over the load before driving on the highway. A piece of scrap metal became tangled in the tarp, prompting Viera to walk across the load and pull on the tangled metal. He lost his balance and fell 15 feet, fracturing his skull and ribs.

Viera was diagnosed with a minor traumatic brain injury, which has affected his memory, executive function, and speech. His medical expenses were approximately $230,000.

Viera sued Covanta Dade and several of its parent companies, alleging failure to provide fall protection—including a tarping station that would enable drivers to be level at the top of their loads—and failure to instruct truckers on where to dump their loads.

Suit also alleged that P&A had negligently allowed Viera to operate the truck without a driver’s license and that Big Dog Express should have ensured that drivers did not walk on top of unstable loads.

The defense disputed the plaintiff’s injuries.

The insurer for the Covanta Dade defendants settled for $950,000. P&A’s insurer settled for $170,000, including $50,000 paid on Big Dog’s behalf, and Big Dog’s insurer paid $50,000.

Citation: Viera v. Covanta Holdings Corp., No. 2016-024269-CA-01 (Fla. Cir. Ct. Miami-Dade Cty. Sept. 28, 2020).

Plaintiff counsel: AAJ member Christopher Drury, Miami; and Todd L. Wallen, Coral Gables, Fla.

Plaintiff experts: V. Paul Herbert, trucking, Quincy, Calif.; David R. Williams, economics, Kester J. Nedd, neurology, Manuel Feijoo, orthopedics, and Darlene Carruthers, life care planning, all of Miami; Erick Salado, orthopedics, Hialeah, Fla.; and Isaac Tourgeman, counseling, Doral, Fla.

Defense experts: Mark Respass, trucking, Denver; Pedro Saez, neuropsychology, Daniel Kalbac, orthopedics, Jeffrey Horstmyer, neurology, and Melissa Friedman, neuropsychology, all of Miami; Dennis Brickman, engineering, Aurora, Colo.; Robert Kagan, Fort Lauderdale, Fla.; Richard Liles, physical medicine, Largo, Fla.; and Stephen Durham, economics, Tampa.