Confidential

Facts

On Dec. 7, 2013, [REDACTED], a 70-year-old gastroenterologist, was leaving defendant bank when he sprained his thumb on an exit door.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed the exit door was locked when it was required to be unlocked, and plaintiff sprained his thumb when he tried to push through what he thought was an unlocked door.

DEFENDANT'S CONTENTIONS: Defendant contended the door was not locked when plaintiff tried to exit. Defendant argued that the bank had been open for the prior three hours without any of the 80 or so customers, or lobby security stationed outside the door, reporting any issue with a locked exit door. It was the bank's custom and practice to unlock the glass lobby exit door each morning upon opening for business to the public. Plaintiff's alleged injury was not consistent with his testimony regarding how he tried to open the door, nor could the injuries allegedly sustained have resulted from the physical forces at play on his hand or thumb. Defendant contended plaintiff had actually jammed his thumb into an unlocked door, and his own negligence was the cause of his injuries, which aggravated a pre-existing arthritic condition in his thumb.

Settlement Discussions

Defense served a CCP 998 for $350,001. Plaintiff served a CCP 998 for $1,425,000.

Damages

Because he was unable to perform colonoscopies, plaintiff sold his practice. Plaintiff did not seek lost earnings because he was able to find employment doing pre-certifications for a health insurance company. Plaintiff did not seek medical expenses. Instead, plaintiff sought damages for pain and suffering related to the injury and surgeries and for being forced to prematurely give up the practice of medicine.

Injuries

Plaintiff claimed he was unable to perform colonoscopies from the day of the incident. Although the sprain was expected to heal, it did not. Ten months after the incident, plaintiff had surgery to determine why the pain in his thumb had not subsided so he could return to his medical practice. His ulnar collateral ligament was debrided and there was no UCL tear. With continuing pain, he underwent two failed radial collateral ligament surgeries to alleviate the source of pain. Ultimately, he had fusion of the metacarpophalangeal joint three years after the incident.

Result

The jury found in favor of the plaintiff and awarded him $1,600,000.

Deliberation

two hours

Length

seven days