Facts

On April 2, 2007, while at work as a security inspector, plaintiff Emile, age 25, fell as she was stepping into the rear of a cargo truck at a loading dock of an LAX catering facility when the truck pulled away from the dock. She fell from the dock to the asphalt gutter below, sustaining soft tissue injuries and a laceration to her shin.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant should have closed the rear door of the truck before pulling away from the loading dock to prevent an injury like this from occurring. The plaintiff further contended that she was properly inspecting the rear of the truck, and could not hear that the engine was on due to the ambient noise from the adjacent airport.

DEFENDANT'S CONTENTIONS:
The defendant contended that its operator was not negligent; that plaintiff should not have entered the rear of the truck, and should have observed that the truck engine was on.

Specials in Evidence

$5,069 $2,600 $35,500

Damages

Steven J. Varkony, plaintiff's expert, estimated the cost of future surgery for the scar revision at $35,500. Jeffrey Rosenberg, defendant's expert, disputed the need and effectiveness of the proposed surgery, recommending a less invasive and less expensive procedure with a cost of approximately $6,000 to $10,000.

Injuries

The plaintiff suffered laceration of the left tibia, a contusion to the right hip with post-traumatic trochanteric bursitis, and a minimal lumbar sprain. The cut healed poorly, leaving a discolored scar approximately two inches long on the shin. The plaintiff plans to have scar revision surgery to improve the appearance of the scar.

Result

The case resolved for $73,500.

Other Information

Workers' compensation asserted a lien of $8,066. A mediation was held before Justice Michael Nott. FILING DATE: Jan. 7, 2008.