Plaintiff, a 20 years old male, was taking a shower in his parents’ apartment when a portion of the ceiling collapsed, struck the plaintiff and caused him to fall. Plaintiff claimed that his mother complained to the superintendent several times in the past that there was a leak in the bathroom ceiling over the shower and needed to be repaired. As a result of the fall, the plaintiff fell down and injured his neck and low back. Plaintiff was treated in the emergency room and then underwent a course of conservative treatment and physical therapy. Eventually, the plaintiff underwent surgery on his cervical spine.
Defendants claimed that the condition in the bathroom was not an emergency and that some repairs had been made prior to the accident. Defendants claimed the plaintiff’s injuries were degenerative in nature, his complaints were related to pre-existing conditions, and he did not need any future care or treatment.
Judd F. Kleeger, Partner, settled this matter prior to trial for $2,500,000.