Below-the-Elbow Arm Amputation (BEA) Research Total Award $ Outcome Case Category Subcategory Facts

Transcription

1 Below-the-Elbow Arm Amputation (BEA) Research Total Award $ Outcome Case Category Subcategory Facts $ 10,000, Settlement MVA Rear-End $ 875, Settlement Utility Company Negligence Failure to Respond $ 2,650, Plaintiff Products Liability Washing Machine $ - Defendant Electric Shock Construction Site Plaintiff suffered 3rd/4th degree burns over 55% of her body resulting in the amputation of R, mid-forearm when her vehicle was struck from the rear by a vehicle, operated by the male defendant, while within the scope of his employment with the co-defendant company. The plaintiff's vehicle burst into flames. Plaintiff suffered R arm amputation below the elbow and amputation of 3 fingers on L hand after the bucket of a backhoe in which he was riding touched an energized power line which the defendant City of Lakeland failed to deactivate. The plaintiff also sued an engineering and architectural firm hired by the defendant to supervise the project and the general contactor's project supervisor. Defendant's attorney claimed that defendants denied any responsibility and were not admitting liability in settling. Plaintiff suffered the below-elbow amputation of her arm when it was caught in defendant's washing machine. The plaintiff alleged that her laundry suddenly popped out of the machine and when she attempted to put it back in, the machine started again. Her arm became tangled in the machine and was ripped off. The defendant's insurance company refused to pay because they claimed the laundromat was not a part of the defendant's policy. Plaintiff was working on a building standing on a scaffold when a co-worker struck a power line maintained and owned by the defendant. The power line was over 6ft away and was struck w/ a piece of rebar. The strike resulted in the plaintiff receiving a below-elbow amputation of L and R hands and 4th degree burns. The defendant alleged that the construction crew was warned about the powerlines and that plaintiff was responsible for his own safety on the worksite.

2 $ 845, Plaintiff Premises Liability Fall in Restaurant Negligent Vehicle $ 7,250, Settlement Transportation Industry Operation $ 928, Settlement MVA Pedestrian Plaintiff suffered partial R arm amputation when he slipped on a wet floor while exiting the defendant restaurant and his arm went through a glass door/window. The plaintiff contended that the threw his arm in the air to break his fall. Defendant contended that plaintiff's prior drug and alcohol abuse was the main cause of the accident and that the plaintiff had a.032 BAC at the time of the accident. Plaintiff suffered a below-the-elbow amputation of L arm, multiple finger amputations on R hand, abdominal trauma w/ internal bleeding and a required bowel resection, and emotional distress from a loss in quality of life when he was crushed in between two trailers after he was struck by the codefendant's truck, subcontracted by 4th-named defendant and operated by defendant, while the plaintiff attempted to unlock a loaded trailer in the course and scope of his employment w/ nonparty employer at 3rd-named defendant's facility. The plaintiff contended that the defendant operated the truck in a negligent manner, failed to keep a proper lookout, backed to truck when it was unsafe to do so, and negligently caused his permanent injuries. The plaintiff further contended that co- and 4th-named defendants were liable under doctrine of respondeat superior, and that 3rd-named defendant negligently required its security guards to position themselves behind trucks in order to unlock trailers. Minor plaintiff suffered partial loss of an arm, neuropsych injuries, and a leg injury when he was struck by a garbage truck owned by the defendant and operated by male co-defendant. The plaintiff clamed that the codefendant operated the truck in a negligent manner. Defendants contended that plaintiff parents were negligent in failing to supervise their child properly.

3 $ 1,182, CN: Plaintiff 50%; Defendant 50% Railroad Accident N/a Defendant CSX Transportation was the owner of a train operated by defendant operator who was acting in scope/course of employment as a CSX engineer when plaintiff, who laid across the tracks, was hit by the train causing injuries including BEA. Defendants alleged that plaintiff was negligent for failing to look out for his own safety, that plaintiff was injured while trespassing on defendant's property, and that plaintiff had a BAC of.203 at the time of accident and that he was asleep/passed out. Plaintiff denied intoxication and claimed he was beaten up by a fellow transient. $ 500, CN: Plaintiff 60%; Defendant 40% Railroad Accident Pedestrian Judgment reduced to $200,000 for CN. Plaintiff suffered BEA and other injuries when he was run over by the defendant railroad company's train. The plaintiff claimed that he had been sitting on a crossrail behind his house to vomit after drinking. The defendant train engineer contended that he saw the plaintiff at 500ft but only recognized him as human at 300ft. Plaintiff claimed defendant failed to stop at adequate distance. $ - Defendant Workplace Safety Electric Shock Plaintiff was an electrician working for an energy group who was working with defendant company to install animal mitigation equipment. Before the installation began, plaintiff temporarily de-energized 1/2 of the station so that the defendant's employee could safely install equipment without interrupting electric service to customers. Plaintiff then climbed a ladder, which he claimed was mistakenly placed against an energized breaker by the defendant's employee, and was shocked by a 13,000 volt line. Plaintiff sued defendant for workplace negligence because the defendant's employee knew, or should have known, that the breaker was still active and that he failed to warn of the situation. Defense counsel claimed that plaintiff, as lead energy company employee, was in charge of jobsite safety and that he failed to follow established safety protocols by failing to test the line for voltage and failing to barricade or isolate a safe work area w/ safety tape, cones, or flags.

4 $ 2,747, CN: Plaintiff 5%; Defendant 95% Truck Accident Backing Collision Plaintiff suffered injuries including BEA w/ several surgeries and physical therapy when her vehicle was struck by defendant's garbage truck, operated by a non-party employee, as hr backed the truck from a cross street into the plaintiff's lane of travel at an intersection. Plaintiff contended that defendant's employee operated the truck in a negligent manner, failed to keep a proper lookout, and failed to yield RoW. The defendant admitted liability, contended that plaintiff failed to keep a proper lookout, failed to wear her seatbelt and was comparatively negligent. $ 1,000, CN: Plaintiff 82.5%; Defendant 17.5% Products Liability Granulator Plaintiff was operating a granulator and robot arm when he was injured as the robot arm failed to release a runner when positioned over the granulator. Plaintiff claimed defendant designed and manufactured the Auger Feed Granulator which was allegedly dangerous by virtue of its design and manufacture, in that the granulator allowed inadvertent access by one standing contiguous with the granulator into the auger and there was not proper protection. Defendant claimed that the plaintiff failed to abide by his training and guarding which had bee supplied by his trainer, that the granulator was a component of the robotic system and fully complied w/ all industry requirements, and that plaintiff caused his own injury. Plaintiff claimed an 85% partial permanent impairment to his non-dominant extremity and 5% to the whole body. $ 3,000, Settlement Employee Safety Slip Plaintiff was unloading containers from a cargo plane when he slipped, fell in hydraulic fluid. As a result, he suffered injury to the nerves and muscles of R shoulder that developed into Reflex Sympathetic Dystrophy Syndrome. He then lost all function in dominant arm and req. amputation of the hand.

5 $ - Defendant Vehicle Negligence Sole Vehicle $ 1,500, Settlement Employer Negligence Shipping Employee $ 500, Settlement Med Mal Hand Amputation Defendant was operating an airboat on land when the boat came into contact w/ plaintiff causing the amputation of plaintiff's L hand/ Plaintiff filed suit against defendant alleging defendant negligently failed to properly maintain the airboat by utilizing a cage around the propeller, maintained the hill w/ an insufficiently slick surface and placed the air foils/ rudder of the airboat w/o proper mounting or adjustment. The plaintiff further claimed that the defendant failed to properly operate the boat by using it despite the fact that it was improperly maintained and turning it so sharply as to come into contact w/ the plaintiff. Plaintiff suffered hand amputation when her hand was crushed in a watertight door during the course/scope of her employment w/ defendant cruise line (Royal Caribbean Cruises) and she was taken to a hospital. Plaintiff contended that the defendant failed to provide a safe work environment and failed to provide her w/ adequate medical care after the accident. The defendant denied liability. Plaintiff was admitted to defendant's medical facility after undergoing a leg amputation procedure at a hospital. A few months later while he was a patient of the defendant, plaintiff began to develop problems w/ his L hand as a result of the stroke he suffered the previous year. He had began to contract, eventually resulting in partial paralysis of the land and plaintiff held his hand so that it jammed under his chin w/ his arm pulled tightly to his body. Plaintiff's treatment involved defendant providing foam balls to be placed in his hands and foam padding to be placed between his hands and chin to prevent sores. The negligence of the defendant in failing to properly examine and manage pressure sores on plaintiff's hands permitted them to deteriorate to the extent that they caused the need for surgery to amputate his L hand and wrist.

6 $ 1,700, Settlement Products Liability Garden Tool $ 750, Settlement Products Liability Ammunition Plaintiff suffered R hand amputation when his hand was caught in a wood chipper, manufactured by the defendant. Plaintiff claimed that the defendant negligently manufactured the chipper, that the product was not safe for its intended purpose and that the defendant failed to warn of a known dangerous condition. Plaintiff alleged The defendant that he suffered denied L liability. hand amputation and 2nd/3rd degree burns to L arm and face that resulting in permanent scarring after a grenade, designed and manufactured by the co-defendant and distributed by the defendant, unexpectedly exploded in his hand while he was training in the Army. Plaintiff contended that the defendants negligently designed, manufactured, and distributed the grenade, failed to ensure that their products were safe for their intended use and purpose,distributed the grenade in a defective and unreasonably dangerous condition, and failed to warn of the defective nature of the products. Defendants admitted liability. $ 3,592, Plaintiff Employer Negligence Construction Employee Plaintiff alleged that he suffered electrical shock injuries that necessitated the amputation of one of his hands and the use of a prosthesis when he and a nonparty worker held onto joists being moved w/ a crane, in the course/scope of his employment, as the crane came into contact w/ a live powerline. The plaintiff contended that the defendant failed to properly monitor and supervise the operation of the crane, that the nonparty crane operator failed to keep a proper lookout and negligently struck the live powerline, and that the defendant failed to provide a safe work environment. The defendant denied liability, contended that the plaintiff's claim should be resolved by workers' compensation.

7 $ - Defendant Products Liability Indemnification Claim Plaintiff was working for 3rd-party defendant near a Herr Voss Roll Leveler which is used to flatten metal sheets. The sheets were then placed in a hot oven and the plaintiff, using large tongs and wearing a large oven mitten, would pull the metal from the oven and transfer it to a roller table and then the roll leveler. While transferring a hot sheet of metal into the roll leveler, the plaintiff got his L hand stuck in the front pinch rollers. The plaintiff filed a negligence action against defendant, the seller of the roll leveler, claiming that the defendant knowingly sold the leveler w/o proper safety guards. Defendant filed cross-claim against the manufacturer for indemnification pursuant to the parties' sales contract. $ 6,300, Plaintiff Products Liability Pasta Machine $ 3,000, Plaintiff Products Liability Automobile No facts given $ 425, Settlement Products Liability Explosive No facts given $ 1,010, Plaintiff Employer Negligence Industrial Employee No facts given Plaintiff suffered R hand amputation (dominant) when a pastamaking machine turned on while the plaintiff's hand was in the machine. Plaintiff claimed that because of a defective safety switch the machine turned on by itself. The plaintiff accused defendants of negligence in selling the machine that they knew to be defective. Plaintiff could no longer cook and took a supervisory position instead. $ 2,250, CN: Plaintiff 35%; Defendant 65% Products Liability Small Kitchen Appliance Minor suffered R hand amputation when his hand became caught in a grinder-mixer manufactured by the defendant appliance company when the minor was able to switch on the machine by himself. The plaintiff contended that the defendant failed to design the grinder-mixer in compliance w/ sound engineering principles and that the defendant allowed dangerous and defective conditions to exist. The plaintiff also contended that the defendant was strictly liable for the incident because they failed to properly inspect and/or test the grinder-mixer to discover defects. The plaintiff further contended that the defendant failed to provide printed warnings or instructions, failed to provide adequate safety devices, and breached the appliances warranties.

8 $ 2,080,248.72