Case details

Shuttle operator closed door on hand, crushing plaintiff’s fingers

SUMMARY

$2000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
neurological, reflex sympathetic
FACTS
On the evening of Sept. 9, 2012, plaintiff Susan Fitch-Hutton, 58, a senior director for Apria Healthcare, was standing outside a shuttle that she was going to take from the Baltimore-Washington International Airport, in Baltimore, to a Hilton Hotel when the van door closed on her left hand, allegedly it. Fitch-Hutton sued the hotel management company that was believed to be responsible, in part, for shuttle van operations, Hilton International Co. However, after filing the lawsuit, it was learned that Hilton International did not own or operate the subject van, and did not employ the shuttle operator. As a result, Hilton International was dismissed from the lawsuit and PM Hospitality Strategies Inc., the correct entity, was substituted in as the defendant. Fitch-Hutton alleged that the shuttle operator, Wasihune Gebre-Mariam, was negligent in the operation of the van and that PM Hospitality was liable for Gebre-Mariam’s actions through the course and scope of his work. Fitch-Hutton claimed that while she was stowing her luggage in the shuttle van, with her left hand holding onto the side of the open door, Gebre-Mariam manually closed the door on her hand. During depositions, Gebre-Mariam claimed that Fitch-Hutton shoved her hand out in the area of the closing door. PM Hospitality ultimately stipulated to liability., Following the incident, Fitch-Hutton went to the hotel and was later admitted to the Emergency Department at Baltimore Washington Medical Center, in Glen Burnie, where she was treated for a crush injury to her left index and middle fingers. Here fingers were subsequently evaluated, stabilized, and found to be neurovascularly intact. Fitch-Hutton was then released early the next morning with finger splints and pain medication. Fitch-Hutton returned early from her business trip and began receiving medical care, rehabilitation and pain management. She also maintained her employment through Oct. 29, 2013, when she stopped working in order to undergo surgery on her left hand. While recovering from surgery, she was released from employment and has not returned to work. Fitch-Hutton claimed she was diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, and she ultimately received a spinal cord stimulator to treat her condition. She claimed $73,056.41 in past medical costs, which were paid by workers’ compensation. She also received $61,869.76 in disability benefits through worker’s compensation. Thus, Fitch-Hutton sought recovery of $209,829 to $220,750 in past lost earnings, inclusive of disability benefits; $1,349,273 to $1,419,976 in future lost earnings; and $1,773,276 in future medical costs. Counsel for PM Hospitality asserted that Fitch-Hutton did not have CRPS and was fully capable of returning to work. In support, counsel obtained surveillance videos of Fitch-Hutton engaged in activities that were allegedly inconsistent with a diagnosis of CRPS and with someone incapable of returning to gainful employment. Thus, counsel for PM Hospitality contended that, at a maximum, PM Hospitality should be held liable for only past lost earnings of $193,806 to $200,133, future lost earnings of $179,169 to $212,166, and future medical care costs of $265,673.
COURT
Superior Court of Orange County, Santa Ana, CA

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