Tirado sued City Lumber Inc. He claimed that the forklift driver was negligent in driving with his forward visibility blocked. Tirado argued that industry practice is to drive in reverse, with the load trailing. when the load on the forks blocks the driver's forward view.

Tirado sustained severe crush injuries to his left foot with extensive degloving. He was taken to Bellevue Hospital, where he underwent three surgeries. Skin grafts were taken from his right thigh. He was confined to a wheelchair for five months. The foot never became weight bearing because the grafts would break down and cause infections. There was ongoing pain. Eventually Tirado underwent a below-the-knee amputation.

Tirado was also hospitalized for psychological problems three times. There were two attempts at suicide. His spouse, Adriana, brought an action for loss of services.