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Senior: Unmarked staircase led to fall, severe injuries

Amount:

$2,500,000

Type:

Settlement

State:

Illinois

Venue:

DuPage

Court:

DuPage County Circuit Court

Injury Type(s):

chest-fracture, rib;
other-staph infection; shoulder-rotator cuff, injury (tear);
pulmonary/respiratory-collapsed lung; pulmonary/respiratory-respiratory arrest

Case Type:

Premises Liability – Stairs or Stairway; Slips, Trips & Falls – Fall from Height

Case Name:

Dianne Bengel v. Za Za’s Italian Steakhouse,
No. 14L-337

Date:

January 27, 2015

Parties

Plaintiff(s):

Dianna Bengel (Female, 70 Years)

Plaintiff Attorney(s):

Edward J. Manzke;
The Collins Law Firm, P.C.;
Naperville,
IL,
for
Dianna Bengel ■ Aaron W. Rapier;
The Collins Law Firm, P.C.;
Naperville,
IL,
for
Dianna Bengel

Defendant(s):

Za Za’s Italian Steakhouse

Defense Attorney(s):

Michael L. Handley;
Law Offices of Capuani & Schneider;
Lombardi,
IL,
for
Za Za’s Italian Steakhouse

Insurer(s):

Nationwide for Za Za’s

Facts:

On Sept. 7, 2013, plaintiff Dianna Bengel, 70, an office administrator, went to Za Za’s Italian Steakhouse in St. Charles. The plaintiff claimed that as she moved aside to let patrons pass by the hostess stand, she fell down an adjacent staircase down to the basement floor. Bengal claimed injuries to her ribs, left shoulder, and left lung. Bengel sued Za Za’s Italian Steakhouse. The plaintiff brought causes of action for premises liability and negligence. Bengel contended that the premises was not reasonably safe, due to the location of the steep staircase leading down to the restaurant’s basement. Plaintiff’s counsel argued the staircase was unmarked and just feet away from the hostess station. The defense disputed liability, arguing that Bengel was contributorily negligent for not paying attention to where she was walking.

Injury:

Bengel was taken by ambulance to the emergency room at Delnor Community Hospital from the scene. She sustained multiple, fractured ribs with flail segments, a torn rotator cuff in her left shoulder, and a collapsed left lung causing progressive respiratory failure. Bengel underwent a flexible bronchoscopy and left thoracotomy, which were performed to repair her multiple, traumatic rib fractures and stabilize her ribs. She was then transferred to Marianjoy Rehabilitation Hospital for rehab therapy, where she stayed for roughly a month. Bengel claimed she suffered a subsequent staph infection that required multiple hospitalizations, as well as another stay at Marianjoy Rehabilitation Hospital. She claimed she still requires a surgical repair to address her torn rotator cuff. Bengel claimed two years of missed work as an office administrator. She claimed she had a very active and social lifestyle before the accident, and especially enjoyed gardening and playing golf. Bengel claimed $815,223.21 in past medical costs, and further sought $90,000 for past lost earnings as well damages for her pain and suffering.

Result:

The parties negotiated a settlement for $2.5 million.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel.