$1.5 Million Settlement in a Premises Liability Care

Type of action:

Premises Liability

Type of Injuries:

Complex Regional Pain Syndrome
(formerly known as “RSD”)

Name of Case:

Cindy Fisher vs. Ashland Technology Trust

Court/Case Number:

Middlesex Superior Court

C.A. No:

MICV00-2637-C

Judge or Jury:

Jury

Special Damages:

Past medicals – Approximately $60,000
Past earning loss – Approximately $60,000
Damages Awarded or Settled: Settlement

Amount:

$1.5 Million (present value)
(Total payout $2,147,278)

Date of Verdict or Settlement:

February 10, 2002

Attorney for Plaintiff:

David P. Dwork
Kimberly Raimondo
Barron & Stadfeld, P.C.
50 Staniford Street, Suite 200
Boston, MA 02114

Morton J. Shuman
Law Offices of Morton J. Shuman
855 Worcester Road
Framingham, MA 01701

Attorney for Defendant:

Withheld

Insurance Carrier:

Withheld

Description of Case:

Plaintiff alleged that on March 24, 1998, she sustained an injury to her left hand when a freight elevator with two vertical closing doors caught her hand as she was attempting to manually close the doors. The plaintiff was familiar with the operation of the freight elevator, and had operated it numerous times in the past. Because of the absence of an inside pull strap, it was necessary to grab the outside pull strap and pull down for the manual doors to close.

The plaintiff alleged that this and other conditions that were unsafe contributed to plaintiff’s accident. The defendant denied that the elevator was defective, and originally denied that there was no inside pull strap. The defendant also argued comparative negligence. The plaintiff had immediate swelling and tenderness around the third MCP joints. Plaintiff went on to develop Complex Regional Pain Syndrome. The Plaintiff declined stellate ganglion blocks which were the recommended course of treatment, instead treating with medications. The plaintiff had been employed as a clothing sales person. Plaintiff claimed to be totally and permanently disabled. The defendant disputed liability and disputed the extent of plaintiff’s injuries. The plaintiff utilized experts knowledgeable in Complex Regional Pain Syndrome and experts to quantify plaintiff’s economic loss. The case settled at mediation shortly before the scheduled trial.