Trial Magazine

Ross Westberg was on duty operating a landfill tipper at a Waste Management dump site. Walsh Trucking Co. driver Theodore Crowe pulled his garbage dump truck into Westberg’s tipper, which had a green light illuminated to indicate the tipper was open. Westberg helped Crowe dump his garbage load, relatched the door on Crowe’s trailer, and started to walk back to the tipper cab. Crowe began to pull away from the tipper when a red light was illuminated. The trailer door handle caught Westberg’s body and safety vest, pulling him down the walkway. He fell to the ground, suffering a closed-head injury and cervical and lumbar spinal injuries. Westberg, who incurred over $295,000 in past medical expenses and more than $175,300 in past lost income, continues to suffer from chronic pain, a seizure disorder, and weakness in both extremities.

Westberg sued Crowe, alleging that he should not have pulled away from the tipper on a red light—a clear violation of safety rules at both Waste Management and Walsh Trucking. Suit also alleged failure to keep a proper lookout and failure to maintain proper control of the dump truck.

The jury awarded $1.3 million.

Citation: Westberg v. Crowe, No. 22CV16876 (Or. Cir. Ct. Multnomah Cnty. June 24, 2024).

Plaintiff counsel: AAJ member Marc A. Johnston, Portland, Ore.; and Barbara W. Gallagher, Elko, Nev.