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Industrial Products & Equipment
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Defective Design of Pneumatic Tube System
June/July 2019Donna Andrade, 62, worked as a cashier at Home Depot. When she needed change, she attempted to use the pneumatic tube system that delivered cash and coins within the store. As she opened the sliding door of the system, a load of coins in a carrier dropped down from 25 feet above, striking her dominant left hand. She suffered a finger fracture, necessitating surgery. She continues to suffer from chronic nerve pain and finger contractures and has been diagnosed as having complex regional pain syndrome. She will continue to require pain management and has been unable to work.
Andrade sued Aerocom Systems, Inc., which distributed the pneumatic tube system, alleging it was defectively designed in that the system allowed users to open the door at the receiving end while items were en route to the landing spot.
The defense argued that the system was safe and had been in use for decades and that the plaintiff negligently failed to follow instructions for safe retrieval of the carrier.
The parties settled for $2.7 million.
Citation: Andrade v. Aerocom Sys., Inc., No. BCV-17-100149 (Cal. Super. Ct. Kern Cnty. Mar. 18, 2019).
Plaintiff counsel: AAJ member Spencer Lucas, Los Angeles; and Jessica DeVille, Redondo Beach, Calif.
Plaintiff experts: Brad Avrit, safety, Marina del Rey, Calif.; Carl Hess, pain management, Fullerton, Calif.; Ghol Ha’Eri-Gharavi, orthopedic surgery, Bakersfield, Calif.; Jeff Stiles, parts and equipment, Orange, Calif.; Donna Post, life care planning, Clovis, Calif.; Kenneth Sabbag, hand surgery, Pasadena, Calif.; and Timothy Lanning, economics, Santa Ana, Calif.
Defense experts: Diana Bubanja, life care planning, Walnut Creek, Calif.; Scott Schroeder, engineering, and Harvey Edmonds, neurology, both of Los Angeles; George Macer Jr., hand surgery, Long Beach, Calif.; and Richard Paicius, pain management, Newport Beach, Calif.