XVI/27-14   NEGLIGENT DISCHARGE OF CARBON DIOXIDE FIRE EXTINGUISHING SYSTEM   LIABILITY CONCEDED   LOSS OF CONSCIOUSNESS, PULMONARY INJURIES, AND POST-TRAUMATIC STRESS DISORDER         

     Thomas and Diana Carmody v. Trans World Airlines, Inc. and V.R.H. Construction Corp.  5483/95  5-day trial  Verdict 9/17/98  Queens Supreme         

     Judge:      Arthur W. Lonschein         

     Verdict:    $100,000 for Thomas C. for past pain and suffering ( 5/1).

          $5,000 for spouse for loss of services (5/1).  Jury: 3 male, 3 female.         

     Pltf. Atty:  Todd D. Greenberg of Addabbo & Greenberg, Forest Hills

     Deft. Atty:  Jeffrey J. Ellis of Quirk & Bakalor, Manhattan, for Trans World Airlines (TWA)

     Donald O'Leary of Patrick L. MacDonnell, Garden City, for V.R.H.         

     Facts:      Pltf., a 53-year-old electrical field engineer for Pem Electrical Corp., claimed that on 7/22/94 at 10:35 AM he suffered pulmonary injuries when the carbon dioxide fire extinguishing system discharged at Deft.'s flight simulator training facility at John F. Kennedy Airport in Queens.  At the time, there was general construction in the area and the manual pull switch for the fire extinguishing system, which was tied into the carbon dioxide fire extinguishing system, was moved. During a test of the system, the carbon dioxide was allegedly "safed off."  Immediately after the test, the emergency bells failed to stop ringing, and Pltf. claimed that it appeared that TWA's maintenance crew, which was in charge of "safing off" the system, had no knowledge of how the system worked and did not know how to reset it. After they pushed various buttons, they believed it to be reset.  Several minutes later, the carbon dioxide fire extinguishing system discharged, depriving Pltf. of oxygen and causing him to pass out.  A fellow co-worker, who had escaped and put on a mask, found Pltf. unconscious and dragged him to a stairway.  Four Port Authority police officers entered with the appropriate breathing apparatus and rescued Pltf.  Pltf. claimed that Deft. was negligent for its failure to properly operate the system.  Deft. conceded liability, and the trial proceeded on damages.

     Injuries: post-traumatic stress disorder; hyperactive airway disease; tachycardia; loss of consciousness.  Pltf. was taken to Jamaica Hospital where he was discharged after a few hours.  Pltf. claimed that he subsequently suffered from light-headedness, dizziness, periods of disorientation, loss of coordination, and vertigo, all of which disappeared a few months after the accident.  He contended that he also suffered from extreme anxiety, feelings of helplessness, rage, panic, and extreme mental distress. Deft. argued that although Pltf. suffered from general stress, his condition was not severe enough to constitute post-traumatic stress disorder.  Demonstrative evidence: photographs of flight simulator; enlargements of building plans.  Specials: $5,000 for psychiatric treatment; $1, 300 for emergency room and neurological treatment. Offer: $25,000; demand: $300,000; amount asked of jury: $350,000.  Jury deliberation: 4 hours. Carriers: Crum & Forster for V.R.H. Construction Corp.; United States Aviation Underwriters for TWA.         

     Pltf. Experts:    Dr. John Dellorso, internist, Jamaica; Dr. Barry H. Kaplan, internist, Flushing; Dr. John Kildahl, Ph.D., psychologist, Manhattan.

     Deft. Expert:     Dr. James I. Hannon, psychologist, Manhattan.