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August 2021

Attorney Ed Taylor Obtains Defense Verdict In a Negligence Action Against a Local Municipality

Attorney Ed Taylor obtained a defense verdict for a local municipality regarding a claim that Plaintiff/truck driver was injured while employees of the City were unloading the trailer of his truck. Plaintiff had delivered a bundle of signposts to the City’s Public Works yard. A City employee was using a forklift to unload the posts and was being guided by his supervisor. Plaintiff was standing in the trailer and was observing the work being performed. As the posts were removed, the load shifted and the posts struck Plaintiff’s knee. As a result, Plaintiff had to undergo knee surgery. Plaintiff’s claims against the City fell under the Mississippi Tort Claims Act. After a bench trial, the Court determined that there was insufficient evidence that the forklift operator breached any standard of care during the unloading process, which resulted in a judgment in favor of the City.