Flight Attendant v. Elevator Maintenance Company
Hardiman & Carroll’s investigative efforts and cross-examination of medical experts in a complicated cervical spine case resulted in excess of $75,000 in savings for the carrier.
Ken Litton represented the company in charge of maintaining the elevators in a San Francisco International Airport (“SFO”) terminal. Mr. Litton also represented the City and County of San Francisco. Plaintiff flight attendant claimed that while entering an elevator at SFO, she was pinned between the elevator’s closing doors. Plaintiff asserted the accident caused a C6-7 disc extrusion with nerve root impingement. Plaintiff initially treated with a chiropractor, but shifted care to a neurosurgeon after her neck symptoms worsened. A cervical spine MRI confirmed a C6-7 extrusion impinging on the C7 nerve root.
Plaintiff underwent surgery, which included a laminotomy and decompression of the nerve root. The postoperative diagnosis was C7 radiculopathy with triceps and hand intrinsic weakness following a disc herniation at C6-7. Mediation was unsuccessful, as plaintiff demanded $350,000. Trial was imminent.
Hardiman & Carroll took the videotaped trial examinations of plaintiff’s out-of-town neurosurgeon and chiropractor. Mr. Litton was able to elicit testimony from the neurosurgeon supporting the defense position that the mechanics of the claimed elevator accident were not consistent with the claimed injury. Testimony was obtained from the chiropractor confirming plaintiff’s pre-accident cervical symptoms and chiropractic treatment spanning several years. Mr. Litton negotiated a settlement of $29,000.