Head v. Lithonia Corporation, Inc.

881 F.2d 941 (10th Cir. 1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was injured at work when the reflector portion of a fluorescent light fixture struck her on the side of her head. P felt a knot raised on the side of her head. She reported the incident to her employer three weeks later and visited the company doctor for treatment, complaining of headaches, dizziness, and occasional blackouts. P was placed on medical leave and later terminated. P sued D alleging the quarter-turn fastener on D's light was defective in design and failed to properly secure the reflector in place in its grooved channel. P sought damages of $1,250,000 for the permanent injuries to her head and neck. Her husband alleged damages of $100,000 for loss of consortium. P's medical expert, Dr. Haugh, testified by videotaped deposition and explained his conclusions based on patient's history, clinical exam, and various tests. P's electroencephalogram (EEG), computerized axial tomography (CAT-scan), and clinical exam were normal. A topographical brain mapping pinpointed the location of her injury. On the basis of her history and the topographical brain map, Dr. Haugh concluded P suffered from post-concussive syndrome and prescribed certain medications to alleviate the headaches. During cross-examination, D asked Dr. Haugh if the American Academy of Neurology considered topographical brain mapping a medically accepted technique. Dr. Haugh opined that: 'The technique at the present time has much controversy regarding it. And there have been pros and cons on both sides. And, at the present time, I'm not aware that the Academy has made a particular position on it.' The jury returned a verdict for P and awarded her $100,000. D appealed.