Carl Lewis, Jr. v. Butler Aviation-LaGuardia, Inc., n/k/a Signature Flight LaGuardia

/ / Case Verdicts

Case Name

Carl Lewis, Jr. v. Butler Aviation-LaGuardia, Inc., n/k/a Signature Flight LaGuardia

Type of Injury

KNEE INJURY REQUIRING KNEE REPLACEMENT

Occupation

engineer

Location

NY

Verdict

This action, which arose out of a forcible explosion of a wheel/tire assemblage that injured a 31-year-old automotive mechanic, settled before trial for $1,200,000, which included the payment of a $200,000 Workers Compensation lien.

Verdict Amount

$This action, which arose out of a forcible explosion of a wheel/tire assemblage that injured a 31-year-old automotive mechanic, settled before trial for $1,200,000, which included the payment of a $200,000 Workers Compensation lien.

Case Details

XV/36-47 WORK ACCIDENT TIRE EXPLOSION KNEE INJURY REQUIRING KNEE REPLACEMENT

SETTLEMENT: Carl Lewis, Jr. v. Butler Aviation-LaGuardia, Inc., n/k/a Signature Flight LaGuardia 95 Civ 4317 Date of Settlement 12/12/97 Eastern District

Pltf. Atty: Phillips P. O Shaughnessy and Robin Frazier Kandel of Phillips P. O Shaughnessy, Baltimore, Maryland

This action, which arose out of a forcible explosion of a wheel/tire assemblage that injured a 31-year-old automotive mechanic, settled before trial for $1,200,000, which included the payment of a $200,000 Workers Compensation lien. Pltf. claimed that he was returning a tire to a Rampmaster Fuel Truck after repairing a flat on 10/25/92 at Butler Aviation Baltimore Washington International, Inc. (Butler BWI) when the explosion occurred. Evidence indicated that this event was the first time that the tire had been serviced at Butler BWI and that the component parts of the wheel were made by different manufacturers. Pltf. contended that the component parts on the wheel that exploded did not conform with OSHA and wheel manufacturer recommendations. Butler LaGuardia purchased the Rampmaster new and used it for about 8 years before it transferred it to a sister company, Butler O Hare. Butler O Hare denied ever working on the vehicle before it was transferred to Butler BWI. Pltf. claimed that Butler LaGuardia negligently mismatched the wheel components before it transferred the Rampmaster to Butler O Hare and that Butler O Hare negligently failed to inspect its wheels before transferring it to Butler BWI.

Injuries: open fracture of the medial femoral condyle requiring a knee replacement and hospitalization. Pltf. s experts claimed that Pltf. may require future knee surgery and replacements. Pltf. contended that he can no longer be employed as a mechanic. Note: In order to resolve issues of personal jurisdiction, Pltf. filed this case in Eastern District of New York, the home area of Deft. Butler LaGuardia. The case settled during the pendency of motion practice intended to resolve whether the law of New York or Maryland governed the case.

Pltf. Experts: Pltf. would have called O.J. Hahn, Ph.D., engineer, Lexington, Kentucky; Dr. Howard Balensweig, orth. surg., Manhattan; Edmond Provder, vocational rehabilitation, Manhattan; Conrad Berenson, Ph.D., economist, Woodbury.

Deft. Expert: Deft. would have called Dennis Waylen, engineer, Akron, Ohio.