Bartender Seeking $300K In Lawsuit Against Cape Cod Express For Dropping Beer Case On Her Hand

A Miacomet Golf Course bartender is seeking over $300,000 in damages from Cape Cod Express in a lawsuit filed this month in Nantucket Superior Court for an incident in 2023 in which she alleges a heavy case of beer was dropped onto her hand and forced her to undergo surgery requiring the tips of two of her fingers to be cut off.

According to the lawsuit filed by Corey Roche, she was working the bar at Miacomet Golf Course on July 12^th, 2023, as Cape Cod Express delivered multiple cases of beer and other products to the restaurant using a pulley and hoisting system to move and lower the heavy cases into the delivery area. The lawsuit claims that the delivery person failed to properly secure, control, monitor, and safely operate the load being moved by the pulley system and failed to ensure that employees and other individuals working in the immediate area were protected from foreseeable harm.

“During the delivery process, a heavy case of beer was negligently released, lowered, dropped, swung, or otherwise allowed to move in an uncontrolled manner,” the lawsuit reads. “The case of beer forcefully struck and crushed (Roche’s) dominant right hand. (Roche) immediately experienced severe pain, bleeding, deformity, swelling, and loss of function of her hand and fingers.”

Roche was transported to Nantucket Cottage Hospital for emergency medical treatment, and an evaluation revealed significant crush injuries to the right thumb and right index finger. Roche sustained an open fracture of the distal phalanx of the right thumb, a severe traumatic soft tissue injury to the right index finger (including substantial skin and tissue loss), traumatic nail bed injuries involving both the right thumb and right index finger, and underwent emergency treatment including radiographic imaging, pain management, wound care, laceration repair, and repeated follow-up treatment according to the lawsuit.

“Despite conservative treatment efforts, (Roche’s) injuries were severe and required surgical reconstruction,” the lawsuit says. “On July 22^nd, 2023, (Roche) underwent extensive reconstructive hand surgery performed by plastic and reconstructive surgeon Dr. Mostafa Noury. The procedures performed included excisional debridement of traumatic wounds of the right index finger; full-thickness skin grafting to the right index finger; open reduction of the right thumb distal phalanx fracture; excisional debridement of skin and subcutaneous tissue of the right thumb; local tissue rearrangement and advancement flap closure of the right thumb; repair of the right thumb nail bed; and repair of the right index finger nail bed.”

Following the surgery, Roche went through “extensive wound care,” follow up treatments, and numerous therapies. She also apparently remained unable to perform her normal bartending duties for an extended period of time, which the lawsuit says led to substantial wage loss and impairment of earning capacity.

“(Roche) continues to experience pain, hypersensitivity, diminished grip strength, numbness, decreased dexterity, weakness, cold intolerance, and functional limitations involving her dominant right hand,” the lawsuit states. “(Roche) has sustained permanent scarring and disfigurement of her right thumb and right index finger, has sustained permanent impairment and loss of function of her dominant hand, and has incurred substantial medical expenses and treatment costs.”

The lawsuit states that workers' compensation medical and indemnity benefits totaling approximately $64,120.28 have been paid as a result of the injuries caused by the defendant's alleged negligence. It also states that Roche has suffered severe physical pain, emotional distress, mental anguish, inconvenience, embarrassment, loss of enjoyment of life, and other damages.

The lawsuit consists of two counts against Cape Cod Express: negligence and "respondeat superior," a legal doctrine that holds an employer responsible for an employee's wrongful acts committed within the scope of their employment.

The lawsuit also lists the damages sustained as a result of the accident, including past and future medical expenses, past lost wages, future loss of earning capacity, permanent injury, permanent disfigurement and scarring, permanent impairment of her dominant hand, physical pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, and all other damages recoverable under Massachusetts law.

While the civil sheet documents Roche as seeking $296,448 in tort claims, the lawsuit states that the amount in controversy and total damages is in excess of $300,000, exclusive of interests and costs. In the area where Roche is asked to briefly describe the nature and extent of the injuries she sustained, it reads, “Plaintiff was working as a bartender when an employee of Cape Cod Express ran her finger over with a cart causing tips of her two fingers to be cut off.”

Roche is seeking entry of a judgment in her favor, compensatory damages in an amount exceeding $300,000, pre- and post-judgment interest, costs of the lawsuit, and any other relief deemed necessary by the court.

The Current reached out to Cape Cod Express for comment, but has not received a reply.