Man Hoping to Win Job Loses Sight in One Eye Instead. Attorneys Get Him $960K Settlement
Attorneys for 27-year-old John McKim, who was blinded in one eye when he dislodged a hitch from a truck at an auto body shop, have secured a $960,000 settlement.
December 06, 2019 at 06:11 PM
3 minute read
A-1 Auto Center LLC in Niantic. Photo: Google
Attorneys for a 27-year-old East Lyme man who lost his right eye in an April 2017 accident in an auto body shop have settled the case for $960,000.
Their client, John McKim, severely injured his eye after Christopher Douton, owner of Niantic-based A-1 Auto Center LLC asked him to help dislodge a hitch from a truck that was on a lift in the garage bay, according to the plaintiff's co-counsel, Dale Faulkner.
Faulkner, a senior attorney at New London-based Faulkner & Graves, said his client struck a part of the hitch with a sledge-hammer at Douton's direction, and a shard of metal shot directly into his right eye.
In a case that boiled down to plaintiff's counsel proving that the loss of the eye was life-altering, Faulkner and his team were able to secure most of the defendant's $1 million policy with Liberty Mutual Insurance Co.
"There was an obstacle in developing damages to what was a mammoth loss to this young man," Faulkner said. "We developed a complete package of medical records, and we were able to show—through his actual treatment records—that this was an emotional injury as well as a physical one. My client now has social anxiety and has trouble introducing himself to people because his eye does not look healthy, and it looks like he's been through trauma."
Faulkner said McKim was a visitor at the auto shop, and had agreed to sand Douton's boat in the hope of getting a job there. But Faulkner said at one point Douton asked McKim to help dislodge the hitch.
According to Faulkner and a lawsuit filed in New London Superior Court in April, Douton was responsible for the accident for several reasons, including not providing adequate safety gear to McKim.
McKim, Faulkner said, underwent four eye surgeries, and might require more, if infections appear.
"He can't see at all out of the right eye. It's permanent." Faulkner said Friday. If infections occur, Faulkner said the only option could be to remove the eye and replace it with glass.
Faulkner did not have the name of the Liberty Mutual claims adjuster at deadline.
Representing the auto center and Douton is Stephen Leary of the Wallingford-based Law Offices of Meehan, Roberts, Turret & Rosenbaum. Leary did not respond to a request for comment Friday.
In court papers, the defense claimed McKim was at fault for the accident.
The pleadings say McKim was negligent and careless, and "failed to keep a reasonable and proper lookout for his own safety." The defense also claimed McKim was told not to strike the hitch with the hammer, but did so anyway, a claim the plaintiff's side refutes, arguing McKim had used the hammer at Douton's request.
Assisting Faulkner was his colleague, associate Kevin Smith.
Related stories:
Client's Prior Injuries Didn't Hinder This Middlebury Lawyer's $400,000 Result
How Hartford Attorney Clinched $400,000 Settlement for Man Injured in Crash
Shelton Lawyer Overcomes Client's Prior Injury to Clinch $150K Settlement After Crash
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