Professional Negligence Law Reporter

Medicine

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Hospital technician moving machine strikes visitor in hallway

January/February 2022

Al Gutierrez, 69, was visiting his wife at a hospital. As he was walking down a hallway, a radiology technician moving a 1,200-pound machine turned onto the hallway, striking Gutierrez from behind. He fell to the floor and suffered a ruptured disk at L4-5. Unable to undergo surgery for his condition, Gutierrez experiences ongoing pain and mobility issues.

He sued the hospital, alleging liability for the technician’s negligence.

The jury awarded $175,000.

Citation: Gutierrez v. WakeMed, No. 18 CVS 4053 (N.C. Super. Ct. Johnston Cty. Oct. 5, 2021).

Plaintiff counsel: Ellis Boyle, Raleigh, N.C.

Plaintiff expert: Chris Brown, orthopedics, Raleigh.