Verdicts and Settlements

WHEATON, Ill. -- A woman who was struck in the head by a metal door closer at a west suburban Wells Fargo office has won a $4.5 million judgment, the largest ever for a personal injury case case in DuPage County.

Amy Skinger, 42, was entering the Wells Fargo mortgage retail office on Fox Valley Road in Aurora on May 14, 2012. A metal door closer unit detached, swung down and struck her in the head, knocking her to her knees, according to the Clifford Law Offices, which represented Skinger.

"Amy walked through the entryway of the retail mortgage establishment through the only entrance provided by the defendants, and that entrance was completely unsafe; it was not inspected for years and due to the lack of maintenance, this preventable tragedy forever changed her life," attorney Bradley Cosgrove said in a statement.

The incident aggravated Skinger's spondylosis, and she eventually required posterior and anterior cervical fusion in her neck, and an intrathecal (placed in spinal cord) pain pump, the attorney said. She had previously been diagnosed with multiple sclerosis in 2009, and also had a degenerative disease in her neck.

The jury took two hours to reach a verdict late Wednesday, following a two-week trial before DuPage County Judge Kenneth Popejoy in Wheaton.

"We are disappointed with the jury's finding and are reviewing all of our legal options," Wells Fargo spokesman Steve Carlson said.

The verdict included $1.25 million for her disability, $1.25 million for pain and suffering, $1 million for emotional distress and more than half a million dollars for medical bills, according to the attorneys. The jury found Wells Fargo, which was responsible for maintenance of the door per its lease, 80 percent at fault; and Cannella NY Square, LLC, the owner of the property, 20 percent at fault.

About a week before the trial, the defendants offered to settle for $125,000, according to the attorneys.

The amount of the verdict set a record in DuPage County for a single plaintiff in a non-medical malpractice case.

"We are satisfied that the jury followed the law and understood the issues so that justice was served. This verdict will provide necessary medical care to ensure that Amy can obtain lifelong treatment," Cosgrove said.

Source: Sun-Times

FLORIDA JURY VERDICT REPORTER (FJVR)

MAXINE DESIMONE and PHILLIP DESIMONE vs. ISLAND PLAZA CENTER, LLC, and DAZZEL, INC. (Circuit Court of Collier County, Florida)

Docket No.: 10-CA-003355; FJVR Reference No. 12:7-15
Settlement Date: Feb. 13, 2012; Publication Date: July, 2012
2012 FL Jury Verdicts Rptr. LEXIS 255
TOPIC:
- [*1] Million Dollar Verdicts & Settlements
- Negligence
- Premises Liability
- Slamming Door Knocks Customer into Display

RESULT: $ 4,500,000. (settlement)

STATE: Florida
COUNTY: Collier
JUDGE: Cynthia Pivacek
PLAINTIFF PROFILE: Age: 71
Sex: Female
Occupation: Retired

PLAINTIFF ATTORNEY: Randall L. Spivey of Spivey Law Firm, P.A., Fort Myers, FL

DEFENDANT ATTORNEY: Thomas J. McCausland and Christopher Corkran of Conroy, Simberg, et al., P.A., Hollywood, FL

Cause Of Injury: On Feb. 6, 2010, plaintiff Maxine DeSimone went to defendant Dazzel, a boutique retail store located in defendant Island Plaza Center. As Mrs. Simone walked through the entry doors, one of the doors allegedly struck her from behind, causing her to fall head first into a display case.

Plaintiffs filed a premises liability action against defendants on May 25, 2010, claiming that defendants were negligent in that the door had a broken closing mechanism which, if operating properly, would have slowed the rate at which the door closed.

Nature Of Injury: Maxine DeSimone: Traumatic brain injury; left hip fracture; pain and suffering. Phillip DeSimone: Loss of consortium.

PLAINTIFF EXPERT WITNESSES:
Craig Lichtblau, M.D., Physical Medicine, North Palm Beach, FL

Frederick Raffa, Ph.D., Economics, Orlando, FL

Anthony Sasso, P.E., Accident Reconstruction, [*2] Tallahassee, FL

DEFENDANT EXPERT WITNESSES:
Anthony Dorto, M.D., Physical Medicine, Aventura, FL

Brian Wolff, M.D., Neurology, Naples, FL
John Bakshis, Accident Reconstruction, Tampa, FL