| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
5/6/1994 |
Type of Case: |
Personal Injury |
Allegation(s): |
Premises Liability -- Open Trapdoor |
Result: |
$305,000 |
Case Name: |
Amrine v. Koll Center, et al. |
Facts: |
On April 20, 1992, 40-year-old plaintiff, a United Parcel Service driver, was completing a delivery of packages on a handcart to the Koll Center shortly before 5:00 p.m. The Koll Center had a policy of locking off its service elevators at 4:30 p.m. Plaintiff went to the lobby and asked a security guard to unlock a service elevator so plaintiff could complete his deliveries and leave the building. The hallway between the lobby and the service elevators contained a trapdoor covering a thermal storage tank. A building employee had left the trapdoor open momentarily while attending to other duties. The security guard opened the door to the hallway leading to the service elevators and plaintiff backed his cart into the hallway. Plaintiff fell into the opening, striking the right side of his body on the storage tank before the metal trapdoor closed and hit him on the head.
|
| Injury/Injuries: |
Right shoulder and kidney contusions; concussion and headaches; chemical skin burns; cognitive impairments, including short-term memory loss, auditory processing and retention deficits.
|
| Contentions: |
Plaintiff contended that defendants' employee was negligent in leaving the trapdoor open, creating a dangerous condition of the premises.
Defendant contended that plaintiff's failure to watch where he was going was the principal cause of the accident.
|
| Special Notes: |
The settlement provided for payment of $40,000 to satisfy the Workers' Compensation lien with the balance paid to plantiff.
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