Plaintiff, 34-years-old, was involved in an accident when a portion of her bathroom ceiling collapsed and struck her on her head. Plaintiff claimed that she made prior complaints to the building Superintendent that there was a leak in her bathroom ceiling. Defendants claimed that after inspecting plaintiff’s bathroom, and the bathroom upstairs, there was nothing to fix as the ceiling did not show signs of discoloration, peeling or bubbling paint. As a result of the accident, plaintiff sustained internal damage to her cervical spine. plaintiff eventually underwent surgery. Defendant claimed that all of plaintiff’s injuries to her cervical spine were pre-existing and degenerative in nature. Defendant also claimed that plaintiff had returned to work and had no restrictions at work or performing her activities of daily living. Judd Kleeger settled this case for $875,000 during trial after cross-examining the superintendent who conceded that the sheetrock was not waterproof and would collapse after exposure to water.
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