Trucker hurt falling on employer’s ice-covered lot

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The plaintiff worked as a commercial truck driver for the defendant, a subcontractor that transported U.S. mail to local post offices.

On Dec. 21, 2019, the plaintiff fell hard on an ice-covered parking lot that was partially leased and used by his employer. Evidence showed the lot was regularly covered with ice that went untreated for extended periods, conditions so severe that tow trucks were periodically needed to free tractor trailers that could not safely drive across the surface.

Emergency response further underscored the danger. After the plaintiff called 911 and was instructed to remain in place, an ambulance arrived but could not safely drive onto the icy lot. Instead, multiple responders had to walk out to assist him and help transport him for emergency care.

As a result of the fall, the plaintiff sustained serious and lasting injuries primarily to his lower back. Despite extensive non-operative care and injections, his symptoms persisted and progressed, ultimately necessitating significant surgical treatment: a lumbar laminectomy in November 2020 and an L4-S1 fusion in May 2025, with continuing follow-up care.

The plaintiff had earned his Class A CDL in 2012 and spent years behind the wheel supporting his family. After the accident, he was unable to complete everyday tasks such as cooking, housework and shopping without frequent breaks.

The plaintiff has considered whether he may eventually need a more sedentary role because the physical demands of driving aggravate his back pain.

At the outset of trial, the defendant stipulated that it did not have workers’ compensation coverage and that the plaintiff was acting in the course and scope of his employment at the time of the incident.

After just over two hours of deliberations, the jury delivered a verdict in the amount of $506,900. With pre-judgment interest, the award totals $751,218.

Action: Negligence and tort
Injuries alleged: Lower back injuries requiring lumbar laminectomy and L4-S1 fusion
Case name: Warblow v. T&T Enterprises of Ohio, Inc.
Court/case no.: Worcester County Superior Court/C.A. No. 2285CV0163B
Jury and/or judge: Jury/Judge Adam Sisitsky
Amount: $506,900
Date: Feb. 11, 2026
Attorneys: Brian F. George and Natalie Quinn, of Simon & Simon, Boston (for the plaintiff)