The Second Circuit has upheld a verdict of $15,000,000 for pain and suffering in a paralysis case handed down in July 2010.  The case involved a then 36 year old baggage handler for American Airlines who was a passenger in a baggage tractor driven by a co-worker.  The two were in the baggage tractor and as they passed a parked jet.  The backwash from the jet’s engine caused the baggage tractor’s hood to lift up and strike the plaintiff’s head, fracturing his cervical spine and rendered him a quadriplegic.

The jury found that both the manufacturer and the owner of the baggage handler were at fault (30% and 70%, respectively) ultimately giving credence to the plaintiff’s argument that the vehicle should have been equipped with a cab and latches such that the occurrence and resulting injuries would have been prevented; this verdict was reached under a failure to warn theory where passengers or operators should have been told that the hood of the vehicle could swing back and hit either occupant.

The plaintiff suffered multiple cervical spinal fractures and endured multiple surgeries, including multiple corpectomies (removal or vertebral bone and disc material) and spinal fusions.  He spent about one and a half years as an inpatient in various hospitals and rehabilitations facilities.  His only working sense of touch is from the collar bone up and requires 24 hour a day home care.  Finally, he requires constant catheterization for bladder evacuation and must have a nurse manually clear his bowels.

The defendants tried to limit the Federal Appellate court to looking only at Second Department upheld verdicts on appeal on the basis that had this case been brought in in State Court, the appeal would have been taken by that particular court.  The Second Circuit rejected that argument, holding no such precedent has been set and that the Federal Court should be able to look to cases arising in other parts of the State to reach their determination.

If you have been injured due to the negligence of another, or due to the defective manufacture or design of a product, call the Ginarte Law Firm today: 1-888-GINARTE.  You may be entitled to money for your injuries. We have experienced attorneys ready to get started on your case today. Put our 150 years of combined experience to work for you!