Heather Le v. Compass Airlines LLC, and Does 1-50
Published: Jun. 17, 2022 | Result Date: Apr. 29, 2022 | Filing Date: Sep. 10, 2020 |Case number: 2:20-cv-08296-DMG (JPRx) Bench Verdict – $304,913
Judge
Court
CD CA
Attorneys
Plaintiff
Andrew Owen
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
Jonathan E. Hembree
(Cunningham Swaim LLP)
Michael J. Terhar
(Cunningham Swaim LLP)
Facts
On February 11, 2020, Heather Le was a passenger on a Compass Airline's flight traveling from Phoenix to Los Angeles. While on the flight, Le's right arm was burned by hot water spilled by a flight attended during beverage service. Blisters formed on Le's arm immediately. Le and the flight attendant attempted to pat the water off with napkins, which caused some of Le's skin to slough off. The flight attendant applied a cooling gel, but Le washed the gel off because it made the pain worse. After landing, Le was taken by ambulance to the UCLA emergency room. There, doctors performed a debridement; a procedure in which the burned, dead skin was removed from her forearm. Days later, Le was treated by Dr. Andrew Vardanian, who diagnosed Le with a second degree burn and performed a second debridement procedure. Le's husband, Dr. Kyle Cheng, changed Le's dressing by removing existing bandages, cleaning the wound, applying ointment, and applying new bandages almost every day for approximately one month. Le used hydrocodone for pain relief for approximately two weeks and over-the-counter pain medication for approximately two weeks. Le's burn healed remarkably well, leaving only a slight hyperpigmentation, or darkening, of the skin where she was burned.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that as a common carrier, Compass Airlines owed her a duty to use the highest care and vigilance of a very cautious person during her flight to Los Angeles. Plaintiff contended that knowing her arm will never look or feel the same as it did before the injury made her feel sad and upset. Further, plaintiff alleged that her injury was still sensitive to heat and feels itchy after sun exposure. Plaintiff also alleged that she was unable to use her right arm to drive or type for a month after the injury and required help covering her arm with plastic to shower. Moreover, plaintiff alleged that the hyperpigmentation and sun sensitivity caused by the burn impeded her ability to do normal daily activities and caused her to continually feel self-conscious about the injury.
DEFENDANT'S CONTENTIONS: Defendant initially disputed liability, contending plaintiff was at fault for causing the spill. Just prior to trial, defendant stipulated to full liability. At trial, defendant contested the nature and extent of plaintiff's injuries, arguing that she had made a full and complete recovery and that she required no future care of any kind.
Specials in Evidence
$4,913.25
Result
The court awarded $4,913.25 in medical expenses and $300,000 in noneconomic damages. The court also awarded $5,087.20 in post-judgment costs.
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