As Sean Casey was entering his apartment building on Jan. 30, 2009, a 12-pound metal box that was part of the hydraulic door opening mechanism fell off of the wall, striking him on the head. Casey sued TLC Management, the owner and manager of the property, in Cook County, Ill.
Both Casey and another tenant alleged that the box had previously come loose and had never been properly reattached. While plaintiff's counsel claimed that TLC Management should have been aware there was an issue, the building's on-site manager said he was responsible for daily inspections and TLC was unaware of any hazardous conditions. Defense counsel countered that Casey did not pay attention to his surroundings and failed to avoid the falling box.
Casey went to work after the incident, but approximately 30 minutes after reporting to work, he complained of vertigo and intense pain. He was taken to the emergency room, claiming to be suffering from a concussion and related issues. He was treated and released, and his counsel claimed that Casey underwent subsequent CT scans and MRIs. While no injuries were detected with these tests, his medical experts testified that it was possible for brain injuries to exist without being visible.
Since he was injured, Casey had undergone epidural steroid injections, Botox injections and was treated with more than 25 different pain medications, none of which were able to relieve his symptoms.
His counsel contended that he suffered disabling migraines every day and continued to require regular treatment. The headaches and severe pain affected his ability to concentrate on mental tasks, forcing him to eventually quit his job in 2012. His medical experts testified that his condition was probably permanent and he would be unlikely to return to work.
Plaintiff's counsel said his chronic pain, inability to work as well as participate in normal life activities had resulted in anxiety and depression for Casey, who sought $11,316,338 for past and future pain and suffering, his loss of a normal life and income, as well as his medical expenses.
The defense countered that Casey wasn't as severely injured as he portrayed to be and their experts also testified that there was no visible damage on the CT scans or MRIs. They stated that any resulting issues from a concussion, as well as any symptoms would have been resolved within three months of the injury. The defense attributed his ongoing symptoms to somatization, a form of mental illness that can cause a wide range of physical symptoms including various types of pain.
During jury deliberations, the plaintiff demanded $925,000 and the defendants offered $500,000. The jury found for the plaintiff, awarding him $2,575,338 for past and future medical costs, past and future earnings, past and future pain and suffering, past and future loss of normal life, and past and future mental anguish.
Patricia L. Harman is the editor-in-chief of Claims magazine. Contact her at pharman@alm.com.
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