Case details
Store’s pneumatic tube system defectively designed: plaintiff
SUMMARY
$2700000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
nerve damage, neurological, neuropathy, reflex sympathetic
FACTS
On Feb. 1, 2015, plaintiff Donna Andrade, 62, a cashier at a Home Depot store in Bakersfield, attempted to retrieve change at the tube landing spot for the pneumatic tube system that delivers cash and coins to and from the store’s registers and office. When she opened the sliding door, the carrier full of coins dropped from 25 feet above and struck her left hand. Andrade sued the distributor of the pneumatic tube system, Aerocom Systems Inc. She alleged that the tube system was defectively designed. Plaintiff’s counsel contended that the tube system allowed the door at the receiving end to be opened while a carrier was still on its way and descending to the landing spot. Defense counsel contended that the system had been in use for decades and that there had been thousands of safe uses. The defense asserted that Andrade was negligent for failing to follow the instructions regarding how to properly retrieve a carrier., Andrade sustained a fracture to the metacarpal joint of her third (middle) finger of her dominant, left hand. After the incident, she went back to her job as a cashier but could not finish working that day because of her alleged pain. She went to a hospital later that day and underwent hardware placement surgery two days after the incident. Andrade claimed that she developed contractures of her middle and ring fingers and continued to have ongoing chronic nerve pain. After more than two years of treatment, she was diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. Andrade underwent multiple procedures to treat the nerve pain. Andrade claimed that as a result of her pain, she has been unable to return to work and she has difficulty using her left hand for physical activities. She alleged that she is expected to continue with her pain management treatment, which includes the possibility of a spinal cord stimulator, and that her future life care needs will total $3,162,256.53 to $3,209,506.93 before reduction to present value. Andrade sought recovery of past and future medical costs, lost earnings, and damages for her past and future pain and suffering.
COURT
Superior Court of Kern County, Kern, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
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