Injured man awarded almost $1 Million in Undefended Trial

In Klurfeld v. Nova Quest Logistics Inc., an injured man was awarded $980,000 in damages in an undefended trial. What exactly is an undefended trial and what affect can it have on the outcome of a personal injury case?

Undefended is a term that may be applied to someone who is obliged to make his/her own defence in a trial or in a civil cause. A cause is considered ‘undefended’ when the defendant defaults after having received due notice. This default may entail: failing to appear in the plaintiff’s action; failing to give a statement of defense; and/or failing to appear at the trial personally or by counsel.

The defendant in this case, Grocery Dayton, did not file a Statement of Defence in response to the action brought about by the plaintiff, Mr. Michael Klurfeld.

Facts of the Case

On January 22, 2007, Michael Klurfeld was working as a contractor for NovaQuest Logistics, and delivering a shipment from Oakville, Ontario to the U.S. The consignee was the defendant, Grocery Dayton, and the buyer of Klurfeld’s last delivery of goods was the defendant, Wakefern Food Corporation. Klurfeld was dropping off 11 skids to Grocery Dayton in New Jersey when the accident occurred.

At trial, Klurfeld provided proof of the safety training to Grocery Dayton that he previously received in relation to how to properly operate the counterbalance fork lift truck.  Leading up to his accident, Klurfeld proceeded to unload the shipment by removing three skids from the trailer and then placing them in the facility. He then began to operate the electrical pallet jack properly. The jack handle was upright at a 90 degree angle, which would require the jack to stop movement instantly. Unfortunately, the jack did not stop and continued to push Klurfeld in the direction towards the guard-rail of the ventilation system. He quickly removed the right side of his body out of the machine’s path, but he could not remove his left leg in time and the machine squeezed his leg between the guard-rail, causing his leg to break.

Klurfeld claimed that the accident was a direct result of the negligence of Wakefern Food Corporation and Grocery Dayton. Among his claims of negligent actions, the plaintiff included the following:

• Failure to keep the electrical pallet jack in a proper working order suitable for safe use;
• An insufficient number of properly trained personnel to maintain and inspect equipment;
• Failure to properly inspect the electrical pallet jack prior to allowing Klurfeld to use it while unloading the truck; and
• Failure to reasonably inspect or maintain the electrical pallet jack to ensure its safe use.

By not filing a Statement of Defence, Grocery Dayton essentially admitted to all of the allegations and was found liable for the injuries and losses incurred as a result of the incident. Michael Klurfeld was awarded compensation for pain and suffering, future economic loss, and future care costs, totaling $980,000.

Grocery Dayton’s failure to file a Statement of Defence resulted in an undefended trial.  In a personal injury case, undefended actions in a trial tend to favor the plaintiff and give rise to costly consequences for the defendant.

If you have suffered injuries and losses as a result of an accident and would like to receive your due compensation, contact the Injury Lawyers of Ontario (ILO) as soon as possible. Our experienced accident lawyers will evaluate your situation, and advise you of your options and the necessary steps to move forward with your personal injury claim.