Plaintiff, 49 years old female, was taking a shower in her apartment when a few shower tiles fell off the wall, fell and caused her to fall. Plaintiff claimed that she had complained to the superintendent several times in the past that the tiles were loose and needed to be repaired. As a result of the fall, plaintiff fell down and injuring her neck and knee. Immediately following her fall, plaintiff complained of neck and knee pain and underwent treatment in the emergency room, where she was treated and released. Thereafter plaintiff began a course of physical therapy and ultimately underwent surgery to her cervical spine.
Defendants claimed that 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 $1,850,000.