Facts

On March 4, 2007, defendant Kathy Hamlin drove her 2004 Toyota Solara through the car wash tunnel and emerged on the other side, where plaintiff Deshawn Huffman and another car wash attendant began to dry the front end of the vehicle.

Hamlin was a regular customer of Jack's Car Wash. Huffman was an employee of Jack's Car Wash who was responsible for washing and drying the vehicles that went through the car wash.

Huffman filed suit against Hamlin for negligence, after the tip of his middle finger and the nail bed of his ring finger were severed.

PLAINTIFF'S CONTENTIONS:
Huffman contended that, after Hamlin's vehicle came to a complete stop, Huffman squatted down near the driver's side front tire and began drying Hamlin's rim with his right hand. Within seconds of Huffman squatting down next to Hamlin's vehicle, Hamlin suddenly moved her vehicle forward. Huffman contended that, before Huffman could remove his right hand from the rim of Hamlin's moving vehicle, the tips of Huffman's third and fourth digits became lodged in Hamlin's rim. Hamlin's vehicle continued to move forward the tips of Huffman's third and fourth digits were severed.

DEFENDANT'S CONTENTIONS:
Hamlin alleged that Huffman began drying the rims of her vehicle while she was still on the automatic track of the car wash and therefore was responsible for his injuries. The defense further contended that the car wash policies and procedures were dangerous.

Settlement Discussions

The defense offered $2,501.

Injuries

Huffman was taken to St. Agnes Medical Center for emergency treatment of his injuries. Such treatment included an open fracture in his fourth digit with nail bed repair and revision amputation of the first joint of his third digit.

Result

The jury found Hamlin 100 liable and awarded Huffman $33,153.

Other Information

Hamlin's motion for JNOV was denied. FILING DATE: Oct. 9, 2008.

Deliberation

half day

Poll

unanimous

Length

three days