Case details

Plaintiff should have waited for bus to pass, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
nerve, neurological
FACTS
On Oct. 1, 2015, plaintiff Darin Hoyt, 41, an insurance salesman, was dropping off his fiancée, Valerie Marie Huerta, and her friend, Rhoda Lopez, outside of a Los Angeles International Airport terminal when his left hand was struck by a passing bus. Lopez had driven them to the airport in Huerta’s car, and Hoyt was planning to drive the car back home after Lopez and Huerta left to catch their flight. Lopez parked the car approximately four feet away from the curb, and all three of the occupants exited the vehicle. Hoyt then stepped off the curb and walked toward the vehicle. However, as Hoyt attempted to open the car’s door, his left hand was struck by the reflector light of an airport shuttle bus that was attempting to pass the car on the driver’s side. Hoyt claimed a crush injury to his left hand. Hoyt sued the bus’s driver, Adil Ali Rashed; Rashed’s believed employers, ABM Aviation Inc. and ABM Industries Inc.; Lopez; the believed co-owners of the Huerta vehicle, Valerie Huerta and her father, Louis Huerta (whose name may have been on the title of the car); the operator of LAX airport, Los Angeles World Airports; and the county of Los Angeles. Hoyt alleged that Rashed was negligent in the operation of the bus and that ABM Aviation and ABM Industries were vicariously liable for Rashed’s actions. Hoyt also alleged that Lopez was negligent in the parking of the car and that the Huertas were vicariously liable for Lopez’s actions. In addition, Hoyt alleged that the airport and county were also liable for the accident. ABM Industries was determined to be an improperly named defendant, and it was dismissed from the case. Lopez settled with Hoyt prior to trial, and Los Angeles World Airports, the county and the Huertas were dismissed prior to trial. The matter ultimately continued against ABM Aviation only. Hoyt maintained that the bus was angling toward the car prior to the crash. His counsel argued that if Rashed looked in his mirror prior to the crash, he would have seen Hoyt stepping off the curb and walking toward the car. Counsel contended that Rashed could have then stopped or otherwise avoided the crash. The plaintiff’s expert engineer also opined that the bus was angling toward the car, but opined that the angle was only slight. ABM Aviation’s counsel argued that Hoyt’s behavior was a substantial factor in causing his . Counsel noted that the bus was already a quarter of the way past the car when Hoyt stepped off the curb and that Hoyt knew the bus was there, but failed to stay out of harm’s way. Counsel further argued that Hoyt should have stayed on the curb until the bus completely passed the car or, at least, waited to open the car door. The defense’s expert engineer opined that the bus was traveling straight and not angling toward the car prior to the crash., Hoyt claimed he suffered a crush injury to his left, non-dominant hand with a partial finger amputation of the ring finger of that hand. He was placed in an ambulance and transported to UCLA Ronald Reagan Medical Center, in Los Angeles. In regard to the crush injury, Hoyt was specifically diagnosed with a comminuted fracture of the left ring finger with torn tendons and nerves. He also had proximal phalanx fractures to his left middle finger and left pinky finger. He further had a complex soft tissue injury to the left pinky finger and a torn rotator cuff of the left shoulder. Hoyt underwent emergency surgery on his left hand on the day of the accident. The microvascular procedure included a revascularization of his left ring finger, a repair of that finger’s A2 pulley, and a complex repair of the left pinky. The surgery also included skin grafting and autografting, repair of a digital extensor tendon, and repairs of a digital artery, nerve and vein. As part of the procedure, doctors installed eight to 10 pins in the hand. Hoyt remained in the hospital for four days and then underwent intermittent physical therapy over the next two or three months. He also had a second surgery a few weeks after the accident to remove the pins in his hand. He had no further treatment. Hoyt missed between four and six months of work following the accident. The parties stipulated that Hoyt had $25,000 in past lost earnings. Hoyt claimed that his left ring finger was left with a swan neck deformity, which is a deformed position of the finger, in which the joint closest to the fingertip is permanently bent toward the palm while the nearest joint is bent away from the palm. He alleged that as a result, he would need future surgery to address the issue. Hoyt contended that he is limited in what he can do with his left hand during workouts. He also contended that he can no longer play golf nor can he play baseball because he has trouble putting on a mitt. He further contended that he has trouble gripping objects with his left hand. Plaintiff’s counsel asked the jury to award Hoyt $25,000 in stipulated lost earnings, $80,000 in past medical expenses and $30,000 in future medical expenses. Hoyt also sought recovery of damages for his past and future pain and suffering. In total, plaintiff’s counsel asked the jury to award Hoyt $5.5 million. The defense’s expert hand surgeon opined that Hoyt had made a good recovery considering the nature of the crush injury. The expert also testified that he did not think Hoyt would benefit from a future hand surgery.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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