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Home / Verdicts & Settlements / Woman hurt her shoulder in escalator incident – $375,000 Settlement

Woman hurt her shoulder in escalator incident – $375,000 Settlement

Plaintiff was a salesperson from West Virginia visiting Richmond for a business meeting when she claimed her suitcase became entangled with the panel of an escalator, jerking the suitcase in her left hand and tearing her rotator cuff.

Liability was vigorously contested by the owner of the escalator, who claimed video of the injury depicted the plaintiff attempting to adjust her suitcase at which time she lost her balance, causing her injury.

They also alleged it was not possible for the suitcase to have become entangled in the escalator mechanism as alleged.

Plaintiff’s expert claimed the owner of the escalator had failed to maintain it correctly, allowing a screw to extend from the side of the escalator into the plaintiff’s suitcase.

Plaintiff failed to report any injury on the day of the incident and traveled from Richmond to another state for a second business meeting. Once she returned home she received medical care days later. The plaintiff’s medical bills were paid by her workers’ compensation carrier, which compromised its lien. The matter was mediated with the Hon. Thomas S. Shadrick serving as mediator.


Type of action: Personal Injury

Injuries alleged: Left shoulder rotator cuff tear

Name of case: Confidential

Verdict or settlement: Settlement

Amount: $375,000

Attorney for plaintiff: John C. Shea, Richmond

Plaintiff’s experts: Lawrence Shoen, PE – engineer/escalator operation; John J. Jasko, MD – orthopedic surgeon; William Nitardy, MD – internal medicine; Larry D. Dial, MD – internal medicine; V. Robert May III, MD – functional capacity evaluation

Defendant’s experts: Kenneth J. Smith – mechanical engineer; William Newberry, PE – biomechanics; George Moore, MA – vocational rehabilitation; Paul E. Caldwell, MD – orthopedic surgeon; Donald G. Hope, MD – neurosurgeon