1/22/2006 - Posted by: Gallagher Law Firm Phone: 810-227-2020 Alt. Phone: 517-861-0577 Send Email Visit Website
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Glen Debolt and Catherine Debolt vs Pepsi Corporation
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Glen Debolt and Catherine Debolt vs Pepsi Corporation in the Circuit Court for the County of Livingston
In February of 1998, Glen Debolt, a supervisor at Midlakes Recycling, was unloading a semi-trailer. This trailer, according to the Pepsi records accompanying it, was loaded with supposed recyclables being ONLY bottles and cans loaded by the Pepsi Cola Corporation. From the bed of the truck which was elevated for a gravity feed of the bags of recyclables, Glen was suddenly struck by several heavy wooden pallets and was thrown into a pit where the empty bags were collected. While being thrown, Glen's back hit a steel pole.
Through careful discovery, we learned that the load on the truck was misidentified by the Pepsi employees. Since it contained heavy wooden pallets in addition to the bottles and cans, it was unsafe to unload this trailer at the elevated station.
Glen had been a supervisor for more than 12 years at this company. Despite hurting his back, he still continued to work trying to tough it out until finally the injury produced so much pain in his back that he was not able to work. Glen had suffered 2 bulging herniated discs in his spine.
The insurance company for Pepsi argued that it was either a pre-existing condition or that they were not responsible because the truck was properly loaded. The Jury returned a verdict in the amount of $435,000.00 for Glen and his family.
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