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79-Year-Old Fell Onto Scooter's Ignition Key
Manufacturer Wanted Switch visible To Elderly
$275,000 Settlement
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| A plaintiff's exhibit showing how he was injured. |
The plaintiff was a 79-year-old man who injured his eye in an accident on an electric scooter. He sued the manufacturer.
The accident happened when the man passed out and fell forward, ramming his eye on the ignition key. He claimed that the key was defective because it was placed in a position that was dangerous for the typical users of the scooters. He contended that the key should not have been placed so that it pointed vertically towards the driver, that most users of the scooters are elderly or handicapped and that it was foreseeable that they might pass out or fall asleep, striking their eye or face on the key.
The defendant argued that it had sold over 10,000 scooters and no injuries had been reported. It further argued that the key was deliberately made to be large and was placed on top of the console so elderly people who lack manual dexterity could use the scooters. It contended that other scooter manufacturers also placed the keys on top of the console.
The plaintiff initially lost vision in his eye, but regained it 16 months later after two surgeries. He also claimed he developed pneumonia and other complications after the first surgery, which led to his placement in a nursing home. The defendant said that his unrelated emphysema, peripheral neuropathy, Parkinson's Disease and heart problems required him to enter the nursing home.
Type of Action: Products liability
Type of Injuries: Eye injury
Court/Case Number/Date: Jackson County Circuit Court/CV96- 26153/Nov. 11, 1998
Caption: Park v. Pride Health Care Inc.
Judge, Jury, or ADR: N/A
Name of Judge: C. William Kramer
Special Damages Claimed: $100,000 past and future medical expense
Verdict or Settlement: $275,000 settlement
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiff: David M. Peterson and John F. Wilcox, Kansas City
Insurance Carrier: National Union Fire Insurance Co. of Pittsburgh
Plaintiff's Experts: Vaughn Adams, Tempe, Ariz. (biomechanical engineer); Dr. Jon Dedon, Kansas City (internal medicine); Dr. Edward Wortham, Kansas City (internal medicine)
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