Effingham Forklift Operator Wins $13 Million After Retrial Over Amputated Leg
After trial: Not disturbed on appeal. The 2024 retrial produced the $13,045,776 verdict after the Seventh Circuit reversed a defense verdict in 2023, and the trial judge denied Raymond's post-trial motions on July 12, 2024 and awarded prejudgment interest.
Won by Warshauer Woodward Atkins, LLC.
Adelaida Anderson lost her left leg below the knee after falling from a stand-up forklift with an unguarded rear entry at a FedEx warehouse in Effingham, Illinois, and being run over by the machine. A first jury sided with manufacturer The Raymond Corporation in 2021, but the Seventh Circuit reversed in 2023 for wrongly excluding Anderson's alternative-design expert. On retrial, a jury awarded Anderson $13,045,776 in January 2024, covering disfigurement, loss of normal life, pain, medical costs, lost wages, and a loss-of-consortium award to her late husband's estate. The trial judge denied Raymond's post-trial motion to undo the verdict in July 2024.
What happened
Adelaida Anderson was operating a stand-up forklift at a FedEx warehouse in Effingham, Illinois in July 2017 when she hit a bump and lost her footing. The forklift's rear entry had no door or guard to keep her inside the compartment, and she fell out onto the floor. The machine kept moving and ran over her leg. The injuries required amputation of her left leg below the knee.
Anderson later developed a neuroma, a nerve growth that made using a prosthetic leg painful, and she was unable to return to work. Her home is a split-level with stairs on every floor, which made getting around difficult. She sued the forklift's manufacturer, The Raymond Corporation, arguing the machine was negligently designed because Raymond offered an enclosing door as an option on its stand-up forklifts but did not fit one as standard equipment.
The case first went to trial in 2021 in the U.S. District Court for the Southern District of Illinois. Anderson's expert, Dr. John Meyer, was prepared to testify that a door would have kept her from falling into the forklift's path, but the district court excluded that opinion under the standard for expert testimony set out in Federal Rule of Evidence 702. Without it, the jury found the forklift was not defectively designed and ruled for Raymond.
Anderson appealed, and on February 1, 2023, the U.S. Court of Appeals for the Seventh Circuit reversed. The court held that Meyer's door opinion met the reliability and relevance requirements of Rule 702, and that excluding Anderson's only expert on an alternative design could well have changed the jury's verdict. The panel sent the case back to the same trial judge, Stephen McGlynn, for a new trial.
The retrial ran eight days of testimony before a jury returned a verdict for Anderson in January 2024. Jurors found the forklift was unreasonably dangerous when it left Raymond's control and that the defect caused her injury. They awarded a total of $13,045,776: $2 million each for disfigurement, loss of normal life, risk of future harm, pain, and emotional distress, for $10 million combined, plus $870,776 for past medical expenses, $675,000 for past and future wage loss, and $1,300,000 for future medical expenses and household services. Jurors also awarded $200,000 to the estate of Anderson's late husband, Jeffrey Lee Anderson, for loss of consortium. Michael Warshauer represented Anderson at trial.
Raymond Corporation asked the court to throw out the verdict, filing a renewed motion for judgment as a matter of law and for a new trial under Rule 50. Judge McGlynn heard argument on July 11, 2024 and denied the motion the next day, holding that the evidence in the record could properly support the jury's verdict, that the jury had been properly instructed on increased future harm, and that nothing about the trial warranted a do-over. The court had already ruled in March 2024 that Anderson was entitled to prejudgment interest on the award under the Illinois personal injury interest statute.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Seventh Circuit opinion in Anderson v. Raymond Corp., No. 22-1872 (FindLaw)
- 2.U.S. Court of Appeals for the Seventh Circuit, opinion filed Feb. 1, 2023, No. 22-1872·Archived copy
- 3.S.D. Ill., Memorandum and Order of July 12, 2024 (No. 19-CV-00800, Doc. 427), denying renewed motion for judgment as a matter of law·Archived copy
- 4.U.S. District Court, Southern District of Illinois, Memorandum and Order of March 26, 2024 (Doc. 401)
- 5.Effingham Daily News, Feb. 12, 2024 (Cathy Griffith)·Archived copy
- 6.Forkliftaction News, Jan. 25, 2024, citing the Madison-St. Clair Record·Archived copy
- 7.Syndicated copy of the Effingham Daily News report·Archived copy
More proven verdicts from Warshauer Woodward Atkins, LLC
All Warshauer Woodward Atkins, LLC proven verdicts →A DeKalb County jury awarded more than $77.5 million to the family of Nicholas Carusillo, a 29-year-old with bipolar disorder who was taken off lithium at Metro Atlanta Recovery Residences over his providers' objections, discharged over a phone rule violation, and killed on Interstate 85 less than three days later. MARR appealed in May 2024, and the case settled confidentially in 2025 after the Georgia Court of Appeals remanded it for settlement approval.
Douglas Burchfield, a General Mills employee at the company's cereal plant in Covington, Georgia, suffered the partial amputation of both legs when a loaded railcar rolled loose and ran him over during a routine railcar switch in June 2005. He sued CSX Transportation, which had delivered the car, arguing it put the car into service with a defective handbrake. A first jury cleared CSX, but the 11th Circuit reversed after finding the trial court had improperly let CSX show the jury a reenactment video, and a retrial jury found Burchfield zero percent negligent, CSX 100 percent negligent, and awarded him $20,559,004. CSX appealed, and while that appeal was pending the parties settled the claim for $16 million, which CSX paid.
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