Utility lineman struck by heavy pole, suffers various injuries

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The plaintiff, 57, was a truck driver making a delivery to a customer. The loading dock had a stairway leading to the ground level. There was a handrail on one side of the stairs but not the other. On the side with the missing handrail, there was a bolt sticking out by about 1.5 inches.

The plaintiff was coming from the loading dock when he tripped over the bolt. He had no memory of the fall and reported a loss of consciousness to the EMTs.

Since the fall, the plaintiff has suffered classic post-concussive symptoms such as fatigue, short-term memory problems, and difficulties with concentrating, as well as a seizure disorder. The medical literature is clear that seizures can develop after a mild TBI.

The plaintiff argued that the bolt sticking out of the cement was a violation of OSHA as well as the State Building Code.

While conventional neuroimaging was normal, it was arranged for the plaintiff to undergo advanced neuroimaging, which showed atrophy as well as white matter damage consistent with traumatic brain injury.

The defense claimed the bolt was open and obvious and the plaintiff should have seen it. It also pointed out that the location of the bolt meant he had to have stepped over the edge of the loading dock in order to come into contact with it; thus, if he had simply walked on the loading dock and turned onto the stairs, he would have avoided it.

The defense also contested whether the bolt actually caused the fall as there were medical records stating the plaintiff was dehydrated at the time.

The defense attacked the extent of damages, arguing that most people recover from a mild TBI within months. It also pointed to medical records in which the plaintiff stated his headaches and short-term memory were improving and even resolved.

Lastly, the defense contested whether the seizures were related to a brain injury or rather were psychogenic seizures.

The case settled a month after a full-day mediation session.

Action: Negligence and tort/premises liability
Injuries alleged: Traumatic brain injury, post-concussive syndrome/seizure disorder
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Demand: $2 million
Amount: $2 million
Special damages: $66,886.45, medical bills; $389,046.93, past lost wages; $48,679.33, future lost wages
Most helpful expert: Travis Snyder, D.O., neuroradiologist, Las Vegas
Date: Aug. 1, 2025
Attorneys: Andrew Abraham and Amanda Lovett, of Keches Law Group, Milton (for the plaintiff)