SARATOGA COUNTY

NEGLIGENT SUPERVISION
Parental Liability — Motor Vehicle — Parked Car

Child's finger amputated during loading of parked vehicle

By Ivan Alexander

VERDICT	$50,000
CASE	Carol Benson, as Maternal Grandmother and Legal Guardian of Angel W. Guynup, an Infant v. Tammie and Michael D. Mulligan, Individually and as Parent and Natural Guardian of Samantha Mulligan, an Infant, No. 103/06.
COURT	Saratoga Supreme
JUDGE	Thomas D. Nolan Jr.
DATE	11/21/2006
PLAINTIFF ATTORNEY(S)	Brian Lee Law Firm, PLLC Saratoga Springs, NY
DEFENSE ATTORNEY(S)	James A. Lombardo Horigan, Horigan, Lombardo & Kelly, P.C. Amsterdam, NY

FACTS & ALLEGATIONS In October 2004, plaintiff Angel Benson-Guynip, an 8-year-old girl, and a friend, Samantha Mulligan, 9, were stowing camping gear into a sport utility vehicle that was owned by Samantha's parents, Michael and Tammie Mulligan. The SUV's front door closed on Angel's left ring finger, and a portion of the finger was amputated.

Angel’s maternal grandmother, Carol Benson, acting as Angel's legal guardian, sued Michael and Tammie Mulligan. Benson alleged that Samantha negligently closed the door on Angel's finger, that Michael and Tammie Mulligan were vicariously liable for Samantha's actions, and that Tammie Mulligan was negligent in her supervision of the girls.

Angel claimed that Samantha slammed the SUV's door without realizing that her hand was in the way. Plaintiff's counsel claimed that Tammie Mulligan ordered the girls to load the SUV and that she was negligent in her failure to supervise the operation. He moved for summary judgment of liability, but the motion was denied.

Samantha contended that Angel slammed the door on her own finger. Defense counsel contended that the girls were entering and exiting a parked vehicle and that, as such, the accident did not arise from the SUV's use and operation.

In response, plaintiffs' counsel countered that the accident occurred during the vehicle's use and operation, based on case law. He also contended that, even if Angel slammed the door, it was irrelevant to the claim of negligent supervision.

INJURIES/DAMAGES amputation, fingertip; scar and/or disfigurement

Angel sustained a traumatic amputation of the tip of her left, nondominant, hand's ring finger. She was placed in an ambulance and transported to a local hospital's emergency room. The fingertip could not be reattached, so Angel suffers a permanent disfigurement.

Benson sought recovery of damages for Angel's past and future pain and suffering.

RESULT After the conclusion of depositions, the parties agreed to a $50,000 settlement.

INSURER(S) State Farm Mutual Automobile Insurance Co. for both defendants.