Stark & Stark announced it has obtained a $2.75 million settlement for Anthony Dos Santos, a construction worker who was critically injured at Dorney Park & Wildwater Kingdom in Allentown, Pa. The accident resulted in the loss of the plaintiff’s leg.
The accident at the amusement park, which occurred on April 23, 2014, involved the transport of a large steel column on a forklift. Mr. Dos Santos, age 23 at the time, was holding a tagline used to control the movement of the suspended column and walking in front of and alongside the forklift. When the forklift stopped suddenly, he was pulled in front of the forklift’s wheel due to the subsequent movement of the steel beam. The forklift ran over Mr. Dos Santos’ foot, crushing it.
Tyler Tomlinson, Joseph Cullen, Jr., and Ian Abovitz, who are shareholders with Stark & Stark, represented Mr. Dos Santos in the case. The attorneys are members of Stark & Stark’s Accident & Personal Injury group and headquartered at the firm’s Yardley, Pa., office. The legal team secured a settlement of $2.75 million for lost wages, pain and suffering, and medical bills for the gravely injured worker.
“We are proud to help this hardworking individual receive just compensation for the considerable pain and loss he has suffered—and continues to endure,” said Mr. Tomlinson, the lead attorney on the case. “There was a much safer way to transport columns through the park, one that would not have presented hazards. Unfortunately, there also was not a supervisor on-site, as required by the contract, and the crew was understaffed.”
Following the accident, the victim had a surgical procedure but, unfortunately, postoperative examinations showed progressive necrosis of the foot and toes. He underwent an amputation of his right leg below the knee, followed by a surgical revision to the amputated limb for the purpose of improving the prosthetic fitting.
After returning home, Mr. Dos Santos had several more infections and had to undergo additional procedures, in addition to suffering from severe phantom limb pain. The accident also took an emotional toll, with a psychologist diagnosing post-traumatic stress disorder with depressed mood, and somatic symptoms, including pain. Now 28 years old and married with children, Mr. Dos Santos has been unable to return to work and continues to experience phantom limb pain and chronic back pain.
Mr. Tomlinson concluded, “Stark & Stark maintains an unwavering dedication to representing the rights of workers such as Mr. Dos Santos, whose lives are tragically impacted by injuries on construction and job sites.”