AUTO ACCIDENTS
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14-year old plaintiff suffers avulsion injury to finger
11/18/2008
Esteban Valerio v. 1651 Broadway Food Corp Supreme Court, New York County - 06/115985
Verdict: $1,300,000
Court: Suffolk Supreme
Judge: Judge Milton Tingling
Plaintiff Attorney(s):
Michael L. DellaUniversita of Gruenberg & Kelly in Ronkonkoma, NY
Facts & Allegations:
The plaintiff contended that the defendant fast
food restaurant negligently left the automatic
hand dryer operational after they removed the
cover several hours earlier when it was
discovered that the cover had been damaged. The
plaintiff contended that as a result, the 14-yearold
infant plaintiff’s right middle finger became
caught in the mechanism as he was shaking out
his hands after washing them. The plaintiff
maintained that he suffered a partial amputation
that involved the gouging off of large portion of
the center portion of the finger. The plaintiff
contended that a neuroma formed and that he
will suffer severe pain and difficulties with
everyday tasks permanently.
The incident occurred when the plaintiff and classmates stopped at the defendant restaurant for lunch during a field trip. The plaintiff related that as he was wringing his hands under the device, his finger became caught. The evidence disclosed that the defendant’s workers had discovered that the cover had been damaged a few hours before the incident occurred and removed it for repair while the dryer remained functional. The plaintiff’s engineer maintained that the defendant thereby created a significant hazard and that the defendant clearly should have rendered the hand dryer non-operational until the cover was replaced. The defendant anticipated that the cover would be repaired later that day.
The defendant maintained that a major cause of the incident was the comparative negligence of the plaintiff. The defendant contended that it was likely that the 14-year-old infant plaintiff intentionally stuck his finger into the mechanism. The plaintiff denied doing so and contended that there was no evidence to support this defense position. The defendant also contended that even based upon the plaintiff’s version, he was comparatively negligent in failing to place his hands in close proximity to the mechanism.
Injuries/Damages:
The incident involved the middle finger on the right,
dominant hand. The plaintiff maintained that a relatively
large portion of the finger had been gouged
out. This portion was situated more proximally than
the fingernail, which remained intact. The plaintiff
maintained that the finger did not heal well, that he
developed a neuroma and hypersensitivity which ultimately
prompted surgery sometime after the bandages
were removed. The plaintiff underwent a flap
advancement procedure in which skin was grafted
onto the finger. The plaintiff maintained that although
he made a relatively good cosmetic recovery, he will
suffer severe pain and hypersensitivity for the remainder
of a 64.1 year life expectancy, notwithstanding
that the neuroma was excised.
The plaintiff’s orthopedic hand surgeon related that the trauma to the nerve endings resulted in the formation of the neuroma, that the pain and hypersensitivity will continue permanently and that the plaintiff will permanently remain at risk for the development of further neuromas. The plaintiff contended that everyday activities such as throwing a ball or picking up an object are very painful and difficult.
Result:
The jury found the defendant 100% negligent and
awarded $1,300,000, including $300,000 for past
pain and suffering and $1,000,000 for future pain
and suffering.