Truck Accident Lawyer Blog

Michael Clarkin, a worker at the South Carolina Ports Authority in Mount Pleasant, South Carolina suffered permanent, debilitating injuries in November, 2004. Mr. Clarkin was a clerk, whose job involved tracking container shipments. The facility where he worked offloads cargo ships.

The incident occurred when a toplifter (similar to a forklift) failed and a cargo container dropped nearly fifty feet and bounced onto the SUV Mr. Markin was sitting in. Mr. Markin was about 40 feet away from the loading area when the metal cargo container broke loose. Rescue workers extricated him from the vehicle and took him to the Medical University of South Carolina. Mr. Markin suffered injuries to his legs and back, as well as neurological injuries that have resulted in profound changes in his personality and ability to process thoughts.

The settlement involved three defendants: Kalmar Industries, which manufactured the lifter, Gregory Poole Equipment Company, which sold the lifter, and the State Ports Authority. Liability centered on a design defect in the lifting equipment. The State Ports Authority was aware of problems with the lifter-it had been twice been reported for problems and twice cleared for service the day before the incident. The Port Authority’s liability was limited to $140,000, however. The cost of long-term care and high salaries in the longshoreman profession explain the amount of the settlement.