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.
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Patricia L. Harman
Patricia L. Harman is the editor-in-chief of Claims magazine, a contributing editor to PropertyCasualty360.com, and chairs the annual America's Claims Event (ACE), which focuses on providing claims professionals with cutting-edge education and networking opportunities. She covers auto, property & casualty, workers' compensation, fraud, risk and cybersecurity, and is a frequent speaker at insurance industry events. Contact her at [email protected]
