Illinois Verdicts

Plaintiff(s):

Sean Casey (Male, 24 Years)

Plaintiff Attorney(s):

David A. Axelrod;
David A. Axelrod & Associates, P.C.;
Schaumburg,
IL,
for
Sean Casey ■ Jason M. Kleinman;
David A. Axelrod & Associates, P.C.;
Chicago,
IL,
for
Sean Casey

Plaintiff Expert(s):

David Gibson; M.B.A., C.P.A., C.R.C.; Economics; Chicago,
IL called by:
David A. Axelrod, Jason M. Kleinman ■ Randall Benson; M.D.; Neurology; Detroit,
MI called by:
David A. Axelrod, Jason M. Kleinman

Defendant(s):

TLC Management Co.

Defense Attorney(s):

John P. Lynch Jr.;
Cremer, Spina, Shaughnessy, Jansen + Siegert, LLC;
Chicago,
IL,
for
TLC Management Co. ■ Neil M. Pandey;
Cremer, Spina, Shaughnessy, Jansen + Siegert, LLC;
Chicago,
IL,
for
TLC Management Co.

Defendant Expert(s):

Christopher Randolph;
Neuropsychology;
Maywood,
IL called by:
John P. Lynch Jr., Neil M. Pandey

Insurer(s):

Crum & Forster Chubb Group

On Jan. 30, 2009, plaintiff Sean Casey, 24, an apprentice electrician, was entering his apartment building at 869 West Buena Vista Ave. in Chicago when he was struck in the head by an approximately 12-pound metal box that was a component in a hydraulic door opening mechanism that had fallen from the wall. The property was owned and managed by TLC Management. Casey sued TLC, claiming premises liability. Casey’s counsel claimed Casey was injured due to TLC’s failure to properly maintain the property. Based on the testimony of Casey and another tenant, Casey’s counsel alleged the box had previously come loose and had never been reattached properly. Counsel claimed the building’s on-site manager was or should have been aware of this hazardous condition but took no steps to remediate it. The building’s maintenance engineer testified he was responsible for daily inspections of the building. Defense counsel for TLC denied premises liability. The defense maintained TLC had no notice of any hazardous condition. Defense counsel argued Casey had failed to keep a proper lookout and avoid the falling box.

Casey reported for work after the accident. Approximately 30 minutes later, he reported intense pain and vertigo and was taken to the emergency room. He claimed to have sustained a concussion with post-concussion syndrome and cervical strains. Casey was treated and released from the emergency room. Plaintiff’s counsel claimed since that time he has undergone multiple CT scans and MRIs. Casey’s medical experts testified that while no injuries were visible on these scans, brain injuries can exist without positive radiographic findings. Casey’s counsel claimed since the injury Casey has undergone epidural steroid injections, botox injections, and treatment with more than 25 different pain medications, with no relief from his symptoms, and that continued medical treatment will be necessary. Further, Casey’s counsel claimed since the accident Casey has experienced severe, disabling migraine headaches on a daily basis. That pain has made concentration on mental tasks increasingly difficulty and as a result he was forced to quit his job in 2012. Casey’s medical experts testified his condition is likely permanent and he will be unable to return to work. Casey’s counsel claimed as a result of his chronic pain, unemployment, and loss of the ability to perform many daily life activities, Casey experiences depression and anxiety. Casey sought $11,316,338 for past/future pain and suffering, loss of normal life, medical expenses, and lost income. Defense counsel disputed the damages. The defense maintained Casey was not injured as severely as claimed. The defense’s medical experts testified no damage was visible in Casey’s CT scans and MRIs. Defense counsel maintained if Casey had sustained a concussion any symptoms would have been resolved within 90 days of the injury, that his current claimed injuries are somatoform, and that being struck by the box was not the proximate cause.

The jury found for Casey and awarded him $2,575,338.

Sean Casey: $161,338 Personal Injury: Past Medical Cost; $500,000 Personal Injury: Future Medical Cost; $164,000 Personal Injury: Past Lost Earnings Capability; $750,000 Personal Injury: Future Lost Earnings Capability; $300,000 Personal Injury: Past Pain And Suffering; $300,000 Personal Injury: Future Pain And Suffering; $100,000 Personal Injury: Past loss of normal life; $100,000 Personal Injury: Future loss of normal life; $100,000 Wrongful Death: Past Mental Anguish; $100,000 Wrongful Death: Future Mental Anguish

Judge:

James M. McGing

Demand:

$925,000 during jury deliberation

Offer:

$500,000 during jury deliberation

Trial Length:

14
 days

Trial Deliberations:

9.5
 hours

Jury Composition:

3 male 9 female

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.