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ARTICLE ID 195924

$________ – PERSONAL NEGLIGENCE – VICARIOUS LIABILITY – AIRPORT SHUTTLE OPERATOR CLOSES SHUTTLE DOOR ON PLAINTIFF’S LEFT HAND – CRUSH INJURY – COMPLEX REGIONAL PAIN SYNDROME – INABILITY TO MAINTAIN GAINFUL EMPLOYMENT.

Orange County, CA

In this personal negligence action, the plaintiff alleges that the defendant failed to exercise proper care while operating an airport shuttle; thus proximately causing her injuries. The defense not only denied liability, but also challenged the nature and extent of the injuries and damages alleged.

On September 9, ________, the 58-year-old plaintiff was taking an airport shuttle when the individual defendant shuttle operator closed the shuttle’s door on the plaintiff’s left hand. The individual defendant was acting within the scope and course of his employment with defendant, PM Hospitality Strategies, Inc., when the incident occurred. As a result, the plaintiff’s left hand was crushed. The plaintiff was admitted to the emergency department where she was stabilized, and her hand was found to be neurovascularly intact. The plaintiff returned to work for almost two months, while following a course of rehabilitation and pain management. Thereafter, the plaintiff took time off for surgery, and was ultimately released from her employment. The plaintiff has not returned to work and has since been diagnosed with Complex Regional Pain Syndrome (“CRPS”).

The plaintiff sued the defendant driver, and his employer based on the theories of personal negligence and vicarious liability, respectively. The defense not only denied liability, but also challenged the extent of the plaintiff’s injuries and damages. In particular, the defense alleged that the plaintiff was fully capable of returning to work and supported that allegation with video evidence of the plaintiff engaging in activities inconsistent with a diagnosis of CRPS, and someone who would be unable to return to work.This matter ultimately settled on the eve of trial with a $________ recovery for the plaintiff.

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