Illinois Verdicts

Amount:

$5,750,000

Type:

Settlement

State:

Illinois

Venue:

Cook County

Court:

Cook County Circuit Court

Injury Type(s):

Case Type:

Premises Liability – Tree, Falling Object, Negligent Repair and/or Maintenance, Dangerous Condition of Public Property

Case Name:

Erick Leon v. City of Chicago,
No. 11-L-010138

Date:

March 13, 2014

Plaintiff(s):

Erick Leon (Male, 37 Years)

Plaintiff Attorney(s):

Michael C. Goode;
Law Office of Michael C. Goode;
Chicago,
IL,
for
Erick Leon

Plaintiff Expert(s):

Ann Lovegrove;
R.N.;
Life Care Planning;
Madison,
WI called by
Michael C. Goode ■ Gary Skoog;
Ph.D.;
Economics;
Chicago,
IL called by
Michael C. Goode ■ Gary Yarkony;
M.D.;
Life Care Planning;
Elgin,
IL called by
Michael C. Goode ■ Jean Griffin;
Ph.D.;
Psychology/Counseling;
Skokie,
IL called by
Michael C. Goode ■ Mark Duntemann;

Trees;
Oak Park,
IL called by
Michael C. Goode ■ David Chen;
M.D.;
Physical Medicine;
Chicago,
IL called by
Michael C. Goode ■ James Boyd;

Vocational Rehabilitation;
Chicago,
IL called by
Michael C. Goode ■ Terry Cichocki;

Arboriculture;
Naperville,
IL called by
Michael C. Goode

Defendant(s):

City of Chicago, 

JS Fort Group Inc.

Defense Attorney(s):

James F. Ormond;
City of Chicago, Corporation Counsel’s Office;
Chicago,
IL,
for
City of Chicago ■ Bradley M. Arnold;
FalkMetz LLC;
Chicago,
IL,
for
JS Fort Group Inc.

Defendant Expert(s):

John Harris;
Arboriculture;
Hollywood,
FL called by
James F. Ormond ■ Malcolm Cohen;
Lost Earnings (Economics);
Ann Arbor,
MI called by
James F. Ormond ■ William Burke;
Life Care Planning;
Portsmouth,
NH called by
James F. Ormond

Insurer(s):

Self-Insured for City of Chicago

On Aug. 4, 2011, plaintiff Erick Leon, 37, a deliveryman, was riding his bicycle westbound on Grant Place in Chicago. While he was riding, a 40-foot long tree branch fell off of an ailanthus Altissima tree (also known as a Tree of Heaven) next to the street. The tree branch fell 22 feet and landed on Leon’s back. Leon was paralyzed. Leon sued the city of Chicago, alleging that the city was negligent in its maintenance of the tree, allowing it to degrade into a dangerous condition. Leon’s employer, JS Fort Group Inc., was also involved in the case as an intervening petitioner. Leon contended that the city had repeated notice of the dangerous condition of the tree. He contended that the city had received numerous complaints from occupants on the same block as the tree, the latest complaint being on June 21, 2011. He contended that the city was forced to sharply reduce its tree-trimming and rodent-control services prior to the incident, which affected the city’s ability to repair the condition of the tree. He contended that the occupants of the block experienced branches falling off of the tree multiple times. According to the plaintiff’s expert arborists, the tree in question was of a species that is especially hazardous for urban conditions. The experts opined that the tree had multiple obvious defects at the time of the incident, and should have been repaired before the accident took place. The city contended that appropriate care was given to the tree, and the city maintained the tree as required. The city also contended that, in response to the complaints called in by residents, it sent inspectors to the tree twice before the incident took place, the second inspection taking place 10 months prior to Leon’s accident. According to the city, both inspections concluded that no maintenance for the tree was needed. The defense’s expert arborist opined that the tree did not have the outward appearance of having a serious problem, and the conclusion of the inspectors was correct. Leon’s counsel disputed the credibility of the city’s inspections. He contended that the first inspection never took place, and that the inspector never went to the tree. He contended that the second inspection was cursory, as the inspector took only two minutes to study the tree before reaching the conclusion that no further care was necessary for the tree. He contended that this was not a sufficient amount of time to determine the problems with the tree.

Following the accident, Leon was transported by ambulance to Advocate Illinois Masonic Medical Center in Chicago, where he was admitted for three weeks. He was diagnosed with crush injuries to his back, with fractures to the T-10, T-11 and T-12 discs in his thoracic spine. To treat the injuries, Leon underwent a decompression laminectomy to T-11 and T-12, as well as fusion procedures to T-11 and T-12. An open reduction / internal fixation procedure was also performed to Leon’s back, installing rods, pins and a brace in his back. Following his discharge, Leon followed up with six weeks of rehabilitation. As a result of his injuries, Leon was rendered paraplegic and will be confined to using a wheelchair for the remainder of his life. He has no control of his bowels and bladder. According to the plaintiff’s treating psychologist, Leon experienced tremendous depression as a result of his paralysis. Reportedly, Leon’s girlfriend broke up with him after the accident. Leon’s counsel sought a recovery of $1.1 million in medical costs. Leon received $275,000 in workers’ compensation payments. According to testimony from the plaintiff’s life care planning experts, Leon would require 24/7 care for the rest of his life.

The parties reached a settlement prior to the trial, with the city agreeing to pay Leon $5,750,000. A workers’ compensation lien of $1.375 million was waived by JS Fort Group as part of the settlement.

Judge:

Daniel T. Gillespie

This report is based on information that was provided by plaintiff’s and defense counsel, as well as counsel for JS Fort Group.