Lawsuit claims man struck, dragged by forklift operator at Lowe's on Range Line

 

In a lawsuit filed today in Jasper County Circuit Court, a man claims he was injured when he was run over by a forklift operator at Lowe's, 2600 S. Range Line Road, Joplin.

The lawsuit was filed by Terry and Teresa Ingle with Terry Ingle accusing Lowe's Home Center of negligence and Teresa Ingle alleging loss of consortium.

From the petition:

At all times relevant hereto, Plaintiff Terry L. Ingle was employed by The Scotts Miracle-Gro Company. In that capacity, his regular job duties required him to work at various retail locations, including the Lowe's Store, to merchandise and maintain Scotts products on behalf of his employer.

At all times relevant hereto, Defendants employed or otherwise utilized the services of a forklift operator (hereinafter the "Operator") at their Store, whose identity is presently unknown to Plaintiff but who is believed to be known as "Dale." At all relevant times, the Operator was acting within the course and scope of his employment and/or agency with Defendants.

On the morning of May 8, 2023, at approximately 9:20 a.m., Plaintiff Terry L. Ingle was performing his regular job duties in and around the parking lot of the Lowe's Store. At that time, Plaintiff was asked by the Operator to assist with forklift operations by "flagging" — a safety procedure in which one person serves as a designated spotter to guide forklift operations and ensure the safety of the surrounding area and personnel.

Plaintiff complied and was properly positioned and performing this safety function at the request of the Operator when, without warning, the Operator negligently drove the forklift directly into Plaintiff from behind with significant force. The impact knocked Plaintiff forward, causing him to become caught on the forks of the forklift, whereupon he was pushed and dragged across the pavement by the negligently operated machinery.

As a direct and proximate result of the foregoing, Plaintiff sustained severe injuries to his right shoulder, left ankle, left wrist, and right knee.

Plaintiff was immediately taken for emergency medical treatment at Freeman Urgent Care on May 8, 2023, where he reported right shoulder pain, left ankle pain, left wrist pain, and right knee pain. He was diagnosed with sprains of the left ankle and left wrist, contusions, and right shoulder pain, and was directed to follow up with orthopedic care.

Plaintiff sustained significant injury to his right shoulder. An MRI performed on June 29, 2023, revealed a full-thickness rotator cuff tear, superior labral tear, and degenerative joint disease of the AC joint, all confirming severe structural damage requiring surgical intervention.

Plaintiff was referred to orthopedic surgeon Dr. Robert K. Lieurance, who determined that surgical repair was necessary. On August 2, 2023, Dr. Lieurance performed arthroscopic surgery on Plaintiff's right shoulder, including arthroscopic rotator cuff repair, synovectomy, extensive debridement, subacromial decompression, and distal clavicle excision, under general anesthesia.

Following surgery, Plaintiff was unable to use his right arm and was placed in a sling for an extended period. He participated in extensive physical therapy at Fyzical Therapy & Balance Centers beginning in June 2023 and continuing through January 2024, both before and after surgery. He further participated in a work hardening program from December 22, 2023, through January 19, 2024, to rebuild the strength and endurance necessary to return to his job duties. Plaintiff was released from care on February 19, 2024.

As a result of his injuries, Plaintiff was unable to work from May 8, 2023, through January 3, 2024, a period of approximately 36.58 weeks and suffered lost actual wages.

As a further result of his permanent injuries, Plaintiff has been unable to return to his previous full-time work schedule and is now limited to working only approximately 25 to 28 hours per week, representing a substantial and permanent reduction in his earning capacity that will continue for the remainder of his working life.

Plaintiff has incurred more than $60,000.00 in medical expenses as a result of the forklift accident.

The petition indicates Ingle has lost more than $20,000 in wages.

The Ingles are represented by William Peterson of the Neosho firm of Wood & Peterson, LLC.