Case details

Passenger on scooter claimed shuttle failed to ensure his safety




Mediated Settlement

Result type

Not present

right rotator cuff, right shoulder
On Oct. 17, 2013, plaintiff William Carriere, a retired 72 year old, was in Anaheim for a Disneyland vacation with his daughter and two grandchildren. Carriere wore a walking boot, as he was recovering from a previously fractured leg and had rented a mechanized scooter to assist in transporting around Disneyland with his family. When the shuttle bus arrived at Carriere’s hotel that morning to transport them to Disneyland, the bus driver instructed Carriere to remain seated in his unsecured mechanized scooter while on board the bus. However, while en route to Disneyland, the bus made a sudden stop at a red traffic signal, which caused the scooter to tip over to the side and eject Carriere onto the floor. Carriere claimed he injured his right shoulder in the fall. Carriere sued the company that operated the shuttle, PCAM, LLC, which was doing business PCA Management (and which was initially erroneously sued as PCA Management, LLC). Carriere alleged that the shuttle was a common carrier, and therefore PCAM, LLC owed a duty of highest care, diligence and foresight to avoid harm to passengers riding in its vehicle. Defense counsel asserted that Carriere was comparatively negligent for failing to move to an open bus seat on his own accord and for failing to make sure that his mechanized scooter was secured after he drove it onto the bus., Carriere sustained a tear of the supraspinatus and infraspinatus tendons in his right, dominant shoulder. He was subsequently taken immediately to a hospital by his daughter. Prior to the incident, Carriere underwent three surgical procedures on his right shoulder. However, Carriere claimed that his right arm and shoulder were functioning normally after the procedures, and before the incident, and that he had no problems or complaints prior to the fall on the shuttle. Thus, he claimed he re-injured his right rotator cuff in the subject fall. As a result, Carriere required surgical repair of the tendons in his right shoulder, which was performed on Nov. 5, 2013. The resulting shoulder surgery constituted the fourth rotator cuff repair surgery to Carriere’s right shoulder over the past 10 years. Following the November 2013 surgical repair, the supraspinatus atrophied and became functionally nonexistent. Carriere claimed that he was subsequently left with a non-functioning flail right shoulder with limited-to-no range of active motion. Thus, he claimed he now has difficulty performing activities of daily living since he lost functionality of his right, dominant arm and shoulder. He also claimed he remains in constant pain, especially with shoulder movement. Thus, Carriere sought recovery of $5,376.99 in past paid medical expenses (adjusted from $87,137.55 in total medical costs). He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the functionality of Carriere’s right shoulder prior to the subject incident.
Superior Court of Orange County, Orange, CA

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