Plaintiff, 42 year old female, was taking a shower in her apartment when a portion of the ceiling collapsed, struck plaintiff and caused her fall. Plaintiff claimed that she had made complaint for several months prior to the accident that there was leak in her bathroom ceiling and it needed to be repaired. As a result of the fall, plaintiff fell down and injuring her neck and low back. Plaintiff was treated in the emergency room and then underwent a course of conservative treatment and physical therapy. Eventually, plaintiff underwent surgery to her cervical spine and lumbar spine.
Defendants claimed that they did not have notice of any complaints prior to the accident. Defendants claimed plaintiff injuries were degenerative in nature, her complaints were related to pre-existing conditions and she did not need any future care or treatment.
Judd F. Kleeger, Partner, settled this matter prior to trial for $4,000,000.