Spinal shock

NEGLIGENCE

Dorsey v. Estate of Langenderfer, Mich., Washtenaw County Cir. Ct., Nos. 01-329-NF and 01-920-NO, May 23, 2003.

Dorsey, 44, hired Langenderfer to spread gravel on the parking lot of his business. While doing so, Langenderfer raised the bed of his truck, which came into contact with the power line, causing the truck to catch fire. Langenderfer left the truck and received an electrical shock when he touched a grab bar on the truck.

Dorsey, a trained firefighter, attempted to rescue Langenderfer by pushing him away from the truck. Both men fell onto the wet ground, receiving electrical shocks. Langenderfer suffered fatal injuries.

Dorsey suffered a spinal fracture at T-7 and internal injuries to his right knee, requiring surgery. He also suffered breathing, reflex, and digestive problems, migraine headaches, and depression, among other injuries. His past medical expenses totaled approximately $35,000. Future medical expenses are expected. A mechanic and tow truck driver, Dorsey missed about seven months of work and has been able to return to part-time work only. His income loss totaled approximately $100,000.

Dorsey and his wife sued the automobile insurance carrier of Langenderfer's estate, alleging Langenderfer was negligent in raising the truck box into the power line. Dorsey also made a claim against the electric utility, alleging negligent maintenance of its power line.

The parties settled prior to trial. The insurer will pay $325,000; and the electric utility, $25,000.

Plaintiffs' expert was Pauline Miller, economics, Ann Arbor, Mich.

Plaintiffs' Counsel

*Michael J. Garris, Ann Arbor, Mich.

Comment: Plaintiffs' no fault insurer paid $25,000 for lost income, replacement costs, and attendant care. After it refused to pay further benefits on the ground that Dorsey's injuries did not result from the use of a motor vehicle as a motor vehicle, plaintiffs sued the insurer, alleging unreasonable refusal to pay benefits. The insurer settled by paying $160,000 and agreeing to pay further medical expenses not covered by health insurance.

Copyright Association of Trial Lawyers of America Dec 2003
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