$1.8 Million Verdict for Sound Engineer Run Over by State Forklift at Luke Bryan Concert Teardown
Won by RSH Legal.
A Black Hawk County jury awarded $1.8 million to Massachusetts sound engineer Frank Sgambellone after a State of Iowa forklift operator ran over his ankle during post-concert teardown at the UNI-Dome in February 2016.
What happened
Frank Sgambellone was a sound engineer working the teardown of a Luke Bryan concert at the UNI-Dome in Cedar Falls, Iowa, in February 2016. As crew members broke down the stage and loaded equipment into trucks, a forklift operated by a State of Iowa employee reversed into Sgambellone. The machine's tire rolled directly onto his upper right ankle, fracturing it badly.
The injury required multiple surgeries and left Sgambellone with permanent joint damage and arthritis. He faced a four-month initial recovery and was ultimately unable to return to his career in live-event audio production. The harm was not limited to medical costs: lost wages and the permanent loss of his ability to do the work he had trained for formed the center of the damages case.
Attorneys Tim Semelroth and Brian Ivers of RSH Legal filed suit against the State of Iowa in Black Hawk County District Court under case number LACV135736. Before trial the state offered $75,000 to settle. Semelroth and Ivers rejected the offer, arguing Sgambellone's actual losses far exceeded that figure.
The trial was delayed by the COVID-19 pandemic but proceeded in April 2021. The firm presented evidence of Sgambellone's medical history, the permanence of his ankle impairment, his wage losses, and his pain and suffering. The jury sided with Sgambellone on all counts. In June 2021 the Iowa State Appeal Board approved payment of the $1.8 million judgment from state funds, a step required before a verdict against a state agency can be paid.
No published appellate opinion reducing or reversing the award has been identified. The verdict covered lost wages, loss of leg function, and pain and suffering.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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