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Secretary: Collapsed office plaster ceiling injured me

Amount:

$1,456,000

Type:

Verdict-Plaintiff

State:

Illinois

Venue:

Cook County

Court:

Cook County Circuit Court

Injury Type(s):

head-headaches; knee-anterior cruciate ligament, tear;
knee-medial collateral ligament, damage;
other-physical therapy; other-cervical nerve entrapment; neurological-radiculopathy; mental/psychological-depression

Case Type:

Premises Liability – Ceiling Collapse

Case Name:

Alma D. Negrete v. Kamm Sherman Howard,
No. 2010-L-000250

Date:

June 29, 2015

Parties

Plaintiff(s):

Alma D. Negrete (Female, 41 Years)

Plaintiff Attorney(s):

Thomas F. Boleky;
Beutel Hurst Boleky LLC;
Chicago,
IL,
for
Alma D. Negrete

Plaintiff Expert(s):

Steven Rothke; Ph.D.; Neuropsychology; Northbrook,
IL called by:
Thomas F. Boleky

Defendant(s):

Kamm Shermann Howard

Defense Attorney(s):

Paul E. Kralovec;
Kralovec & Barakat;
Chicago,
IL,
for
Kamm Shermann Howard

Defendant Expert(s):

Michael Brook;
Neuropsychology;
Evanston,
IL called by:
Paul E. Kralovec

Insurer(s):

American Family Insurance Co.

Facts:

On Jan. 23, 2008, plaintiff Alma Negrete, 42, an administrative assistant, was working in an office in a Chicago building owned by Kamm Howard when an approximately 8-by-4-foot section of plaster-and-drop ceiling fell approximately nine feet from the ceiling and struck her. Negrete sued Howard, claiming premises liability. Plaintiff’s counsel maintained the plaster had been weakened by a water leak from the floor above several months before the collapse, but that Howard failed to have the ceiling properly inspected. Plaintiff’s counsel maintained such an inspection would have revealed the damage and allowed remediation before the collapse. Howard stipulated liability at the trial.

Injury:

Negrete claimed to have sustained a nerve impingement at C5-6, a medial cruciate ligament tear in her right knee and an anterior cruciate ligament strain in her right knee. Negrete began physical therapy for both her knee and neck injuries immediately after the incident and continued for 14 months. Plaintiff’s counsel maintained she was forced to end the therapy by the end of her worker’s compensation benefits, but that she resumed therapy when she became eligible for Social Security disability payments in 2013 and has continued since. She underwent surgical repair of her torn knee ligament in 2009. Negrete maintained she continues to experience severe headaches and radicular pain that have prevented her from returning to work since the incident. Negrete’s neuropsychology expert testified she has developed depression due to her disability. Negrete sought $161,000 for past and future medical expenses, $570,000 for past and future lost income, and $1,200,000 for past and future pain and suffering, emotional distress and loss of normal life. Defense counsel disputed the damages. The defense maintained two physicians retained by Negrete’s employer’s worker’s compensation carrier found her fit to return to work in 2009. Defense counsel maintained that prior to trial Negrete was tested for traumatic brain injury three separate times and scored low on the test’s validity measure each time. The defense’s neuropsychology expert testified this indicated she was exaggerating or inventing her symptoms. The expert also testified Negrete was not experiencing depression. Negrete’s neuropsychology expert testified chronic pain of the type Negrete experiences from her cervical injury can result in misleading results in validity tests.

Result:

The jury awarded Negrete $1,456,000. Negrete accepted a $300,000 to $1,000,000 hi-low agreement at trial.

Alma D. Negrete: $161,000 Personal Injury: Past Medical Cost; $570,000 Personal Injury: Past Lost Earnings Capability; $350,000 Personal Injury: Past Pain And Suffering; $275,000 Personal Injury: Loss of normal life; $100,000 Wrongful Death: Past Mental Anguish

Actual Award:

$1,000,000

Trial Information:

Judge:

Cassandra Lewis

Demand:

$500,000

Offer:

$300,000-$1,000,000 hi-low agreement

Trial Length:

7
 days

Trial Deliberations:

2
 hours

Editor’s Comment:

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