CASE: Installation of Garage Door
FACTS/LIABILITY: The plaintiff, a married man with three young children, hired the defendant to install electrically-operated steel garage doors at his house. The defendant installed these doors without interior handles, in spite of their being provided as parts included for assembly and instructions in the safety manual advising to use such handles to reduce the risk of finger injury.
A winter snowstorm left the plaintiff’s house without heat or electricity. Since there was no power, he was forced to manually lift the garage door to exit the garage. When he attempted to manually close the garage door, it began an uncontrolled descent. In an effort to stop the door from crashing to the ground, he reached up with his left hand and, without any handles to grasp, caught his middle finger between two of the door panels. The pinch point between the panels amputated the tip of his finger, below the cuticle.
DEFENSE: Several defenses were raised, including superseding and intervening causes of plaintiff’s injuries, comparative fault, and failure of the plaintiff to mitigate his damages.
INJURIES: Avulsion of tip of left middle finger with some residual bone protruding. Surgical procedure on finger and permanent ablation of nail plate and nail bed. Primary closure of the amputated tip and debridement of distal phalanx.
SPECIAL DAMAGES: Medical expenses amounted to $5,784.21. Additionally, the plaintiff can no longer engage in hobbies which he used to enjoy, such as playing guitar.
VERDICT/SETTLEMENT: The parties agreed to settle for a confidential amount.
PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)
NAMES/COUNTY: Anonymous v. Anonymous
Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800
FACTS/LIABILITY: The plaintiff, a married man with three young children, hired the defendant to install electrically-operated steel garage doors at his house. The defendant installed these doors without interior handles, in spite of their being provided as parts included for assembly and instructions in the safety manual advising to use such handles to reduce the risk of finger injury.
A winter snowstorm left the plaintiff’s house without heat or electricity. Since there was no power, he was forced to manually lift the garage door to exit the garage. When he attempted to manually close the garage door, it began an uncontrolled descent. In an effort to stop the door from crashing to the ground, he reached up with his left hand and, without any handles to grasp, caught his middle finger between two of the door panels. The pinch point between the panels amputated the tip of his finger, below the cuticle.
DEFENSE: Several defenses were raised, including superseding and intervening causes of plaintiff’s injuries, comparative fault, and failure of the plaintiff to mitigate his damages.
INJURIES: Avulsion of tip of left middle finger with some residual bone protruding. Surgical procedure on finger and permanent ablation of nail plate and nail bed. Primary closure of the amputated tip and debridement of distal phalanx.
SPECIAL DAMAGES: Medical expenses amounted to $5,784.21. Additionally, the plaintiff can no longer engage in hobbies which he used to enjoy, such as playing guitar.
VERDICT/SETTLEMENT: The parties agreed to settle for a confidential amount.
PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)
NAMES/COUNTY: Anonymous v. Anonymous
Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800