Premises Liability-Slip In Shower At Homeless Shelter Results In Ankle Fusion

Jose Rodriguez v Pilsen Little Village Community Mental Health Center Inc. 95L-1044

  • Verdict: $5,000.00 after 50% off $10,000 ($10.000 pain & suffering; $0 disability, $0 disfigurement, $0 future pain and suffering).
  • Judge: Barbara J. Disko (Law Division)
  • Pltf Atty: Thomas J. Fedick of Harman, Fedick
  • Demand: $400,000.00 (indicated)
  • Asked: $560.000.00
  • Deft Atty: J. Scott Gillman of Condon & Cook, LLC (Berkley Risk Insurance)
  • Offer: $10,000.00
  • Pltf Medl: Neil Fried, D.P.M. (Podiatrist)

Plaintiff, an unemployed 45 year old was a client of Defendant’s homeless shelter at 4115 W. 26th St, Chicago, Illinois. A year after being shot in the back during a robbery, while entering the shower, he slipped (but did not fall) and bumped the outside of his left ankle on a radiator located near the shower, resulting in cellulitis, multiple skin grafts, septic arthritis, and ankle fusion surgery two years later.

Defense contended bump on radiator only caused superficial cellulitis that would have healed if plaintiff had taken antibiotics as prescribed by doctors at Cook County Hospital. Plaintiff denied he was issued any prescriptions, contrary to medical records. Defense attributed chronic neuralgia stemming from 1993 gunshot wound as the cause of the muscle problems that necessitated the ankle fusion. Defense further argued that, even if floor was uneven with missing tiles, Plaintiff's prior deposition testimony ruled out those conditions as cause of occurrence. Post-trial set-off of $5,000.00 as a result of earlier settlement by co-defendant meant that Defendant did not pay Plaintiff any portion of verdict.

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