Trial Magazine

Carl Thompson, 15, was visiting a friend who lived in a gated community. While sitting on a swing in one of the community’s common areas, the swing’s 42-pound steel crossbar broke, striking Thompson in the head. He suffered a traumatic brain injury, resulting in memory loss, headaches, anxiety, and depression. At 20, he is also showing signs of dementia.

Thompson sued Lamplight Village Homeowners Association, alleging it failed to maintain or inspect the swing set. The plaintiff alleged that the defendant declined to pay for a monthly safety and inspection plan offered by the swing set manufacturer and installer despite the fact that other swing sets had failed on the premises due to lack of maintenance.

The plaintiff also sued the swing set manufacturer and distributor. The parties reportedly settled for an undisclosed sum.

The jury awarded $20 million, including $10 million in punitive damages. Posttrial motions are pending.

Citation: Thompson v. Lamplight Village Homeowners Ass’n, No. A-14-697688-C (Nev. Dist. Ct. Clark Cnty. Feb. 5, 2018).

Plaintiff counsel: AAJ member Sean Claggett, Sam Harding, AAJ member Albert Lasso, and Evan Simonson, all of Las Vegas.

Plaintiff experts: Jeffrey Markham, neuroradiology, Corinth, Texas; and Stuart Kaplan, neurosurgery, Enrico Fazzini, neurology, and Louis Mortillaro, neuropsychology, all of Las Vegas.

Defense experts: David Ginsburg, neurology, Lewis Etcoff, neuropsychology, and O. Steven Grimm, metallurgy, all of Las Vegas.