Jesse Oberson v. City of El Paso

On November 2, 1999, Mr. Oberson went to the El Paso International Airport to catch a flight for a scheduled business trip to Lexington, Kentucky. After parking in long term parking, he used the airport shuttle bus to take him to the terminal. While disembarking, the shuttle bus driver prematurely shut the bus door on Mr. Oberson's right hand. The Plaintiff injured the tendons in his hand, which later required surgery. The Plaintiff gave the City notice of the accident on November 18, 1999. The City, however, took two months to conduct its "investigation", which only consisted of asking the driver if he remembered the incident. The City never denied or accepted the claim for the 14 months it was pending before suit was filed. After suit was filed, the City argued for the first time that the claim was fraudulent, and that Mr. Oberson must have injured his hand before he boarded the bus. There was no evidence, however, to support this defense. The jury further heard evidence of two similar accidents in which two other shuttle bus passengers reported that bus doors were shut on their hands while exiting the bus.

Jury Verdict for Plaintiff (12-0):
Awarded $99,625.00. Breakdown: $16,125 (past medical bills), $8,500 (past lost wages), $75,000 (pain and suffering in the past).

no testifying experts

None. Defendant's expert struck before trial due to untimely designation

Law Office of John A. Wenke