Sightseer Hurt Back At Fantastic Caverns
From the January 05, 2005 Missouri Lawyers Weekly.
Tram Jack-Knifed On Way To Cave
$3Million Verdict
A woman who hurt her back on a tram ride at a cave sued for negligence.
On May 24, 2002, Tamiko Shoemaker was at Fantastic Caverns in Springfield, MO. Shoemaker, 32, took a tram with her 7-year-old son to get to the entrance of the cave. The tram, which was a Jeep-like vehicle pulling a trailer with bench seats, began sliding down an 80-foot asphalt drive on a 20-degree slope. The tram jack-knifed and stopped abruptly after hitting the curb at the bottom.
Shoemaker was thrown about inside the tram and immediately complained of severe pain in her right hip. The pain later spread into her lower back and legs. She had extensive treatment, including physician care, anti-inflammatory and pain medication, physical therapy and chiropractic care, but developed chronic pain in her back and legs, chronic spasms along the musculature of the spine and myofascial pain in her shoulders and neck.
Shoemaker claimed that the chronic pain developed from traumatic injury to her L4-5 and L5-S1 disc in the accident, and that she had also suffered depression due to the pain. She had no prior back, neck or shoulder complaints and was about to begin a graduate program in criminal justice at the time of the wreck. Shoemaker, who was forced to give up the graduate work, had started a program to provide to free milk to underprivileged children in the Springfield school system and was selected by the Greene County Circuit Court to be on a committee to establish a family court system.
Fantastic Caverns said that the trauma was minor and that Shoemaker suffered only bruises. Any chronic injury was caused by degenerative changes in her lumbar spine that were genetic and unrelated to the wreck.
The court directed a verdict on the issue of liability. After a six-day trial, the jury awarded Shoemaker $2.8 million and her husband $200,000 for loss of consortium.
Type of Action: Negligence
Type of Injuries: Two herniated discs, chronic discogenic pain in back and legs; chronic spasms along musculature of the spine; myofascial injuries to the musculature of the right shoulder girdle and neck; depression.
Court/Case/No./Date: Greene County Circuit Court/103CC4301/Dec. 20, 2004
Caption: Shoemaker, et al. v. Fantastic Enterprises, Inc.
Judge, Jury or ADR: Judge
Name of Judge: J. Miles Sweeney
Special Damages: $49,752.82 past medical expense; $223,653 future medical expenses; $780, 758 future lost wages; $352,600 past and future lost household contributions.
Last Offer: $150,000
Last Demands: $1 million
Verdict or Settlement: $3 million verdict
Allocation of Fault: 100 percent to defendant
Attorney for Plaintiffs: Michael Johnson, The Strong-Garner-Bauer, Springfield
Insurance Carrier: Fireman’s Fund Insurance Company and American Automobile Insurance Company
Plaintiff’s Experts: Dr. Steve Baca, Springfield (chiropractor); Larry Cox, Springfield (economist); Dr. Monte Maska, Springfield (general practitioner); Wilbur Swearingin, Springfield (vocational rehabilitation); Dr. Terry Winkler, Springfield (physical medicine and rehabilitation)
Defendant’s Experts: Dr. Phillip Barker, Topeka, Kan. (orthopedic surgeon); Dr. Paul Olive, Springfield (orthopedic surgeon)