Posted on July 8th, 2019 by Zane Cagle
Co-Defendants Settle Premises Liability/Medical Malpractice Claim
Plaintiff was an over-the-road truck driver and team driver with her husband. On an early August morning, the couple stopped at a Pilot Truck Stop (later operated as Flying J) and backed their rig into a spot to rest during the pre-dawn hours. Plaintiff was asleep in the sleeping berth when the truck was parked. Once the truck was parked, Plaintiff awoke, gathered her things to exit the truck on her way into the truck stop between 6 a.m. and 6:30 a.m. There was disputed testimony about the lighting available both natural and parking lot lights. When Plaintiff exited the cab of the truck, she fell. Subsequent to her fall, her husband drove her immediately to the emergency room where she was treated for a broken ankle. The team finished their delivery route and upon their return to their home in Springfield, Missouri, she sought additional care for the continuing pain. Plaintiff continued treatment for pain and it was eventually conclusively diagnosed by several physicians that she had developed Complex Regional Pain Syndrome (CRPS).
In August of the following year, a Springfield orthopedic surgeon amputated her leg from the knee down, however, this did not result in a remedy of the CRSP symptoms. As the CRSP symptoms were not solved with the amputation, Plaintiff was not able to be fitted for a prosthetic and was bound to a wheelchair. The surgeon later claimed Plaintiff presented to him and asked for her leg to be amputated. After one appointment, he scheduled her for amputation.
Plaintiff sought damages and claimed the Flying J facility in Peculiar, Missouri had failed to use reasonable care in keeping their property free from dangerous conditions due to ruts and potholes in the truck parking area.
A second party lawsuit included the Springfield orthopedic surgeon who amputated Plaintiff’s leg. Plaintiff alleged the surgeon did not use reasonable care when offering amputation as a possible remedy for CRSP and amputated the leg even though he had not performed an amputation for the reported condition nor could he cite any professional literature where amputations was recommended as a good solution for CRSP. Thus, after the amputation, Plaintiff’s symptoms remained.