Verdict: Not Guilty
Date: March 2011
County: USDC IL NE
Plaintiff’s Medical: Dr. Felise Zollman (Neurologist), Dr. Henry C. Erchiverri (Neurologist), Dr. Konstantin Dzamashvili (Neurologist), Dr. Arun Kumar (Internist) and Dr. Douglas Ambler (Internist)
Plaintiff’s Experts: Jack Vinson, Ph.D. (Mechanical Engineer) Rodney Kevin Smith (Mechanical Engineer), Sheldon Mostovoy, Ph.D. (Metals), Dr. Gary Yarkony (Rehab/Physical Medicine) and Gary R. Skoog, Ph.D. (Economist)
Defendant’s Experts: Michael P. Van Bree (Mechanical Engineer) and Michael E. Stevenson, Ph.D. (Metals)
Summary: Plaintiff fell from 5-foot aluminum Type III duty rated stepladder manufactured by Cuprum while doing repairs outside his home. Plaintiff suffered a severe traumatic brain injury with subdural hematoma, subarachnoid hemorrhage, bi-frontal contusions, seizure disorder, bi-frontal encephalomlacia, ventriculomegaly, dissection of left vertebral artery at the base of the skull, respiratory failure requiring tracheotomy, aspiration pneumonia, and multiple infections. He suffered significant residual impairments including permanent cognitive dysfunction, memory and communication deficits, traumatic dementia, quadriparesis, bowel and bladder incontinence, swallowing difficulty, spasticity, contractures, and diminished ability to walk. Plaintiff contends that Cuprum negligently designed and manufactured an unreasonably dangerous ladder. Defense asserted that the Plaintiff’s fall was due to his over-reaching and/or loss of balance.
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