Trial Magazine

Thomas Neuhengen, a 33-year-old veteran and spare parts manager, was helping tear down his company’s booth at the International Manufacturing Technology Show, which took place at Chicago’s McCormick Place convention center. As Neuhengen worked, his left foot was run over by a 58,000-pound forklift operated by Frederick Neirinckx, an employee of Global Experience Specialists (GES) who was attempting to move heavy equipment exhibited at the show.

Neuhengen suffered a degloving injury to the foot, necessitating seven surgeries, including skin and muscle grafting and the removal of heel tissue. His foot remains disfigured, and he walks with a limp. Additionally, he anticipates requiring future surgery and has incurred past medical expenses of approximately $578,100.

Neuhengen returned to work after six months but was unable to work full time or perform the physical aspects of his job, at which he had earned $45,000 annually. He now works in the information technology field.

Neuhengen sued Neirinckx, alleging failure to maintain a proper lookout and use a spotter while operating the forklift. Suit also claimed that GES failed to have a policy in place to ensure forklift drivers were properly trained and evaluated. The plaintiff also charged that GES should have assigned a three-person crew to the forklift.

The jury awarded Neuhengen more than $15.23 million, including $3 million in punitive damages against GES. The trial court later struck the punitive damages award but denied the defense motion for a new trial. On appeal, the appellate court reinstated the punitive damages, finding that the plaintiff had provided sufficient evidence supporting the jury’s finding that GES’s willful and wanton conduct led to his injuries.

Citation: Neuhengen v. Global Experience Specialists, Inc., No. 12 L 011854 (Ill. Cir. Ct. Cook Cnty. June 28, 2018).

Plaintiff counsel: AAJ members Patrick A. Salvi II, Patrick A. Salvi, Jeffrey J. Kroll, and Aaron D. Boeder, all of Chicago; and Robert G. Black, Chicago.