Corroded railing causes ACL injury that led to stumble down apartment stairs
$300,000 settlement
A fact pattern worthy of a law school torts exam ends with a $300,000 settlement after a renter tumbled off his second-floor balcony, injured his knee and subsequently fell down the apartment stairs while trying to retrieve his mail.
The renter, 44, lived alone, renting the second-floor apartment of a two-family flat in St. Louis City. On July 2, 2008, he went out onto his balcony. When he put his hand on the railing, it gave way. The man fell twenty feet, landing on the concrete below. A subsequent inspection of the railing revealed it was not anchored into the two-family flat and appeared corroded.
The renter was taken to the emergency room at Saint Louis University Hospital. An MRI of the left knee revealed a new tear of his previously reconstructed left ACL along with medial meniscal changes and loss of articular cartilage in the medial compartment. MRI results from the lumbar spine study showed an annular tear at L5-S1 with mild spondylosis. The CT of the left elbow showed soft tissue damage superimposed upon an old coronoid process fracture.
After five days in the hospital, the renter was discharged with crutches, a knee brace and told not to engage in vigorous activity.
On July 29, 2008, approximately three weeks after he fell off the balcony, the renter attempted to go down his apartment stairs in order to retrieve the mail. While trying to get down the stairs on crutches, he fell. He was discovered unconscious, lying at the bottom of the stairs about an hour later.
The renter was taken to the Saint Louis University Hospital emergency room where he was diagnosed as suffering from left leg paralysis, brain hemorrhages, broken ribs, a fractured clavicle and a blood clot or deep vein thrombosis in the left leg. As a result of the brain injury, he began experiencing post-traumatic epilepsy.
After spending eight days in the hospital, he was transferred to Forest Park Hospital for continued monitoring. Due to the severity of his injuries, the renter was sent to the Missouri Rehab Institute in Mt. Vernon where he remained until Dec. 8, 2008.
The medical bills from the first fall were approximately $53,000. The medical bills arising out of the injuries from the second fall were approximately $260,000.
Brown & Crouppen lawyer Shaun Falvey represented the renter. On April 12, 2010, Falvey submitted a demand letter to the landlord's insurer.
"The sticking point in this case was the second fall," Falvey explained. "The liability for the first fall was clear and we conceded there were no defects in the apartment stairs that could have caused the second fall. We argued that the subsequent injuries were directly related to his weakened condition because of the first fall."
On July 22, 2010, without admitting liability, the insurance company agreed to settle the claim for policy limits.
