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case updates:

WOMAN CLAIMED AUTOMATIC DOOR STRUCK HER ARM: April 26, 2004

VERDICT: Defense

CASE: Jeanette Beckman v. United Parcel Services, Inc; Shorenstein Realty Services; and Quest IV, Inc., No.324017

COURT: Superior Court of City and County of San Francesco, San Francisco, CA

JUDGE: Paul H. Alvarado

DATE: 3/18/2004

PLAINTIFF ATTORNEY(S): Edward M. Bull, Banning, Micklow, Bull & Lopez, LLP, San Francisco, Kurt Micklow, Bull & Lopez, LLP, San Francisco, CA

DEFENSE ATTORNEY(S): Charles II. Horn, Wright, Robinson, Osthimer & Tatum, San Francisco, CA
(Shorenstein Realty Services)

Robert A. Morgenstern, Maranga * Morgenstern, San Francisco, CA
(United Parcel Services Inc.)

David S. Rosenbaum, McDowall, Cotter, Vale, Bracco & Kelly, San Marco, CA
(Quest IV Inc.)

FACTS & ALLEGATIONS In 1995, the Russ Building in San Francisco ordered a door-operating system from Quest IV Inc. The system was installed and connected to a handicap button that would open a set of front entryway doors when it was pushed.

On Nov, 28, 2000, plaintiff Jeanette Beckman, 36, a controller for Non-Stop Solutions, was standing in an alcove just outside the Russ Building for a fire drill when an automatic door was activated, opened outward and struck her right arm.

Beckman claimed that a United Parcel Services Inc. delivery driver had pressed the handicap button and activated the automatic door, thus causing the door to open and strike her as she was standing in the doors swing path. She claimed that the driver pressed the button so that he could bring his delivery cart with packages into the building.

Beckman sued UPS, Atlanta; Shorenstein Realty Services. San Francisco; and Ohio-based Quest IV, alleging negligence, premises liability and products liability, respectively.

Specifically, she contended that the UPS driver was negligent for activating the door while she was in its swing path.

She also contended that Shorenstein, the real estate organization that owned and managed the Rues Building, failed to properly conduct the fire drill by not controlling the size of the crowd growing in front of the building. With regard to Quest, Beckman contended that the doors from opening if someone was in the swing path. She claimed that Quest should have included a presence sensor as a mandatory item to be shipped with the door operator it manufactured and distributed.

UPS contended that Beckman misidentified the person who activated the automatic door, and that she had no corroboration for her claims that it was a UPS driver. UPS maintained that its driver denied pressing a button to activate the doors.

Shorenstein contended that the fire drill was conducted property and no extra guards were necessary to manage the crowd in front of the building.

Quest contended that the electrical design allowed for a presence sensor, should the purchaser of the door operator order one. Quest maintained that it did not manufacture or stock presence sensors. In advertising material, Quest did identify a presence sensor as an accessory for ordering and purchase. Accordingly, it contended that the design of the door operator was not a substantial factor in causing injury to Beckman.

Quest also presented evident as to the speed and the force of the door, contending that the gravity of any harm was low. Lastly, Quest argued that a presence sensor was actually disadvantageous to the design. Specifically, it presented evidence that a presence sensor would create a problem for handicapped access, for emergency situations, and in certain circumstances, might be confounded and simply not operate properly.

INJURIES/DAMAGES (crush injury, arm): Beckman claimed that she developed complex regional pain syndrome (CRPS) type I, which began in her arm and spread to her other extremities. She claimed that she could never return to work and needed an intrathecal pump or spinal cord stimulator.

Beckman claimed $127,000 in past medical expenses, between $ 3 million in future medical expenses, $250,000 in past loss of earnings, between $1.6 million and 2.1 million for pain and suffering. She asked the jury to award her damages for pain and suffering that were equal to or greater than the special damages.





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