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ARTICLE ID 168715

Negligent security - Alleged negligence by person transporting disabled plaintiff at airport - Alleged further injury to foot on which several toes had previously been amputated due to diabetes.

Bronx County, NY

The 55-year-old plaintiff arrived on a flight from Trinidad at the JFK airport and requested a wheelchair and escort from the defendant, Command Security Corporation. She alleged that during her transport by wheelchair from the gate to customs and immigration, she was injured when her foot was struck by a door. She alleged that as a result of the injuries, she had to undergo further amputation of part of her foot. She commenced this action, alleging that the escort employed by the defendant negligently transported her, resulting in injury to her foot. The defense argued that the incident as described by the plaintiff, in which her foot was allegedly injured, did not occur.

The plaintiff was a diabetic who already had two toes amputated as a result of the disease. She claimed that she and another passenger were being transported together in wheelchairs and that the escort pushing the other person’s wheelchair pushed his passenger through a door and then the door closed upon the plaintiff’s foot. She claimed that her escort should have been backing the wheelchair through the doorway, thus avoiding the door closing on her foot.

The escort maintained that the incident did not occur and that the plaintiff made no complaints of injury up to and through the time that the plaintiff’s family picked her up. The escort testified that had the plaintiff complained of injury, the escort would have immediately called her supervisor. That did not occur.

The plaintiff initially demanded $________ and then lowered the demand to $________. The defense offered $________. The trial was bifurcated. After a three day trial, and after deliberating for one and a-half hours, the jury returned a defense verdict.

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