TWO SIDES TO THE STORY Holland America and bumped head case
Posted on 01/10/2016 | About Illinois
In November a US District Court jury in Seattle awarded US $21.5 million in damages to an Illinois businessman who suffered a minor brain injury when he was struck in the head by a sliding-glass door on the Holland America MS Amsterdam. This week a federal judge threw out the verdict and ordered a new case after testimony at a hearing last month revealed new evidence from the man’s former assistant.
James Hausman sued Seattle based Holland America Line in 2013 claiming he suffered dizziness and seizures after an automatic sliding door struck him on his head. A jury awarded him $21.5 million. Soon after that Hausman’s former assistant Amy Miseur came forward to say that she had witnessed the claimant deleting emails that were supposed to be turned over to Holland America’s lawyers before trial. He also failed to disclose another email account. US District Judge Barbara Rothstein found Miseur’s testimony credible, saying that the knowledge of these emails expose grave inconsistencies with Hausman’s. She ordered a new trial. "As a witness, he came across evasive and untrustworthy," she wrote. "He appeared to weigh each answer, not for its truthfulness, but to assess whether it would damage his case. Mr. Hausman also seemed to capitalize on his alleged brain injury when it was convenient for him. “He was confused or claimed memory loss when confronted with a question or exhibit that appeared to undermine his claims, yet was animated and full or information when his testimony supported his case." Miseur managed to recover some of the emails her boss told her to delete. Judge Rothstein said they “cast doubt on his veracity.” In one example he testified at trial that since his injury he avoided using ladders because of his fear of falling, yet he had written to Mizeur that he was sore after a day spent on a 10 foot ladder. Hausman said that the emails were deleted out of habit, and not deceit. Rothstein said that his action "substantially interfered with defendants' ability to fully and fairly prepare for and proceed to trial." During the trial Hausman suggested that Mizeur was a disgruntled former employee who had been fired for forging a cheque and attempting to extort him. Mizeur said she signed her boss’s name to a cheque with Hausman’s permission and when she learned that he accused her of forgery she admitted sending him a message saying that she would ruin his life if he didn’t pay her off. Richard Friedman is one of Hausman’s attorneys. He called the decision "frustrating and disappointing" but said it cannot be appealed. "I've done a lot of retrials in my time, and often the verdict the second time around is bigger than the first," he said. Friedman commented that this "doesn't address Holland America's conduct that caused the injuries in the first place or the extent of his injuries." Holland America said "We look forward to the opportunity to present our case, including the most recent evidence on which this ruling was based, in the future." No date has been set for the retrial.
