Case details
Plaintiff claimed wrist injuries from being struck by drawer
SUMMARY
$500000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
elbow, lateral epicondylitis, neurological, reflex sympathetic
FACTS
On Sept. 3, 2010, plaintiff Yvette Correa, 44, an information technology worker, went to the Satnam gas station/convenience store on South White Road in San Jose to purchase cigarettes and juice. Correa arrived at approximately 12:30 a.m., and was signaled by the store’s employee, Kiran Pandya, to use the sliding metal cash drawer, since the inside of the store was closed. As a result, Correa walked to the window, where she got into a small argument with Pandya over not being able to find the juice she was looking for. Correa then decided to just buy the cigarettes, and when she placed a $20 bill inside the drawer, Pandya pulled the drawer closed, striking Correa’s right hand between the drawer and wall. However, when she attempted to retrieve the $20 bill that had become stuck, Correa’s hand again was struck between the drawer and wall when Pandya pulled the drawer closed a second time. Pandya eventually called the police after much protest, and statements were taken from both. Correa sued Satnam Petroleum Inc. She brought causes of action for general negligence, premises liability, and intentional tort under the doctrine of “respondeat superior.” Correa claimed Pandya acted maliciously by violently pulling the cash drawer closed, slamming her hand in the drawer after he became irritated over not being able to locate the juice. She alleged that Satnam then laughed at her and immediately slammed her hand in the drawer a second time when she attempted to retrieve her money. Thus, Correa claimed that Satnam Petroleum was vicariously liable for Pandya’s actions, since he was in the course and scope of his employment at the time of the incident. Satnam Petroleum contended that Pandya pulled the drawer in by accident, both times, and that Pandya did not intentionally mean to harm Correa. Defense counsel further asserted that Correa was comparatively at fault for not removing her hand in time when Pandya was pulling the drawer closed., Correa went to an emergency room following the incident, complaining of extreme pain, bruising and swelling in her right, dominant hand and wrist. She was subsequently diagnosed with crush to the hand, which was splinted in a fiberglass cast. Correa then followed up with an orthopedic surgeon when she continued to complain of pain reaching up to her right elbow and neck. As a result, she further treated her injury with a few months of physical therapy and other hand therapy treatments. Correa claimed she now has diminished grip and pinch strength, as well as reduced range of motion. She also claimed she has difficulty sleeping due to her pain, as well as has difficulty with all uses of her right hand. Correa further claimed that her condition has severely impacted her quality of life, causing emotional distress. The plaintiff’s expert hand surgeon testified that Correa suffers from extensor tenosynovitis and lateral epicondylitis, also known as tennis elbow, of the right forearm. The expert further testified that both were consistent with a diagnosis of complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. The plaintiff’s pain management expert opined that spinal cord stimulation could help with Correa’s CRPS, but that the condition would cause residual symptoms for the foreseeable future. Thus, Correa sought recovery of $11,583.45 in damages for her past medical costs, $811,123 in damages for her loss of earnings, $780,623 in damages for her future medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Correa’s alleged .
COURT
Superior Court of Santa Clara County, San Jose, CA
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