James Hausman, owner of The Gold Center in Springfield, has been awarded $21 million
by a federal jury in Seattle after suing a cruise ship line for injuries
sustained when he was struck in the head by an errant automatic sliding door.
Hausman,
his wife Carol and their daughter were near the end of a cruise across the
Pacific Ocean on board the Seattle-based Amsterdam
when disaster struck on Nov. 26, 2011, somewhere near Hawaii. Hausman and his
wife were on their way to the Lido Deck to attend a poolside function when a
sliding glass door closed unexpectedly, striking Hausman on the side of his
head. Video of the mishap shows Hausman putting his hand up to his face,
clearly caught by surprise, after the door hit him.
“He
was a little bit dazed, you know,” Carol Hausman told KIRO television in
Seattle. “Like many people you sort of think, ‘Well, let’s move on to the next
thing.’”
But
Hausman had suffered a brain injury, according to his lawsuit against Holland
America, the cruise line that was ordered to pay $21 million last week after a
jury trial in federal court in Seattle.
Hausman
could not be reached for comment. His wife told reporters in Seattle that her
husband now sleeps more than he had before and isn’t comfortable in public. He
also suffers from dizziness and fatigue.
“He
doesn’t like to be in public, he doesn’t like to be in places with too much
stimulation, too much bright lights,” Carol Hausman told KING 5 television in
Seattle. “He just can’t tolerate that stuff in the way that he used to.”
The
jury decided that Hausman deserved $1.5 million for what he has already suffered
and another $3.5 million for future suffering. The bulk of the award, $16
million, came in the form of punitive damages. Hausman’s lawyers presented
evidence that others had been hit and injured in dozens of similar incidents
aboard Holland America ships. Injuries in other incidents ranged from bruises
to a broken vertebrae, a lawyer for Hausman told KIRO television.
The
cruise ship line in court documents said that Hausman entered the doorway at
such an angle that the door’s sensors did not detect his presence. Third
parties not named in the lawsuit were responsible, Holland America says in
court documents. In a prepared statement issued after the trial, Holland
America says that takes passenger safety seriously and plans to appeal the
verdict.
Carol
Hausman told KIRO television that her husband’s injuries were serious enough
that he sold 80 percent of his precious metals business. However, the fate of The Gold Center is now tied up in Sangamon Circuit
court, where local car dealer Todd Green, who has taken over operations,
has sued Hausman, claiming that Hausman has reneged on a deal to sell
the building to him. Green
testified for the plaintiff in the Seattle trial against Holland America,
according to court records.
Green
said that he did not appear at the trial, but he did give a deposition in
Springfield. Depositions are often presented to juries in cases where it isn’t
practical for someone to appear in person. Green said that didn’t know Hausman
prior to the door incident and wasn’t asked about any injuries or changes in
personality. Rather, attorneys who flew from Seattle asked about the deal to
purchase The Gold Center. He said that he couldn’t recall specific questions.
“It
was months ago,” Green said.
Contact Bruce Rushton at brushton@illinoistimes.com.
This article appears in Oct 29 – Nov 4, 2015.
