Trial Magazine

Michaelle Edelson was walking in a parking garage when her foot entered a hole where the concrete floor was broken. Edelson tripped and fell, landing on her right knee and falling to her right side. She went to work that day, but over the next two weeks, her hip became increasingly painful. She visited an orthopedic surgeon, and imaging revealed a tear to the labrum—the ring of cartilage surrounding the hip socket.

Edelson, 32, underwent physical therapy and an epidural injection, but her pain persisted. About seven months after the incident, she underwent arthroscopic surgery to repair the tear, followed by more physical therapy. Despite the treatment, she continues to suffer occasional pain in her hip. Her past medical expenses of approximately $168,100 were paid by workers’ compensation. A saleswoman for a food service company, she missed about three and a half months from work and incurred approximately $15,000 in lost earnings.

Edelson sued the companies that owned and managed the parking garage, alleging that the broken concrete constituted a dangerous condition and that the defendants failed to repair the problem or warn of the danger. The plaintiff sought punitive damages, alleging that the defendants failed to act despite notice of the condition. She contended that during the due diligence inspection leading up to their recent purchase of the premises, the defendants became aware that the concrete in the parking garage had multiple broken areas.

The plaintiff’s treating orthopedic surgeon was prepared to testify that the plaintiff’s fall had caused the labral tear and that she might require a total hip replacement in the future, which would cost approximately $100,000.

The defendants claimed that the hole was an open and obvious danger and that the plaintiff was at fault for failing to watch her step. The defendants also argued that they had purchased and closed on the property the day before the incident and that they had intended to perform repairs but had not yet secured a contractor.

The defense orthopedic surgeon was prepared to testify that the plaintiff had a “cam lesion”—a bump of excess bone on the head of the femur that can affect its ability to move smoothly within the hip socket—and that the resulting impingement had caused the cartilage tear. The defense expert also opined that the plaintiff had no signs of arthritis in her hip and would not need future surgery.

The plaintiff’s treating doctor admitted that the plaintiff had a cam lesion but noted that it was asymptomatic before her fall.

Before trial, the plaintiff demanded $850,000 to settle. The defendants offered $250,000, which the plaintiff rejected.

The parties settled during jury selection for $675,000, paid by the defendants’ joint insurer. The workers’ compensation lien was reduced to approximately $105,800.

Citation: Edelson v. Interpark Holdings, Inc., No. 2015-L-010637 (Ill. Cir. Ct. Cook Cnty. Aug. 30, 2017).

Plaintiff counsel: AAJ member Michael S. Cetina, Chicago. Plaintiff expert: Benjamin Domb, orthopedic surgery, Hinsdale, Ill. Defense expert: Shane Nho, orthopedic surgery, Chicago.