Erin Achenbach//December 30, 2024//
A plaintiff won a $195,000 settlement after he was injured on his apartment complex’s stairs. David Granger settled with JVM Multi-Family Premier Fund II, LLC, outside of court, after Granger was injured in January 2021 in the apartment’s common area staircase. As he left his apartment, all but one of the concrete steps crumbled and Granger fell, seriously injuring his head, brain and neck. He later learned that the defendant was in the process of replacing the steps, but no notice or warning was given about the replacement project.
The plaintiff initially demanded $250,000 pretrial; the defendant’s insurance carrier, QBE of North America, offered $50,000 prior to mediation. Of the final $195,000 settlement, $10,635 is for past medical expenses and $70,000 is for future medical expenses. A doctor recommended that Granger undergo anterior cervical disk fusion surgery, but he did not yet have that procedure as of mediation.
The plaintiff’s lead attorney, Randall W. Cain of Cain and Cain in Lee’s Summit, said they were satisfied with the settlement.
“We were very happy … because it’s always tough to get an insurance company to offer very much money based on a surgery you are maybe going to have,” Cain said. “They tend to say, ‘We will deal with that when it happens.’”
Cain added that showing the insurance company videos of the recommended surgery seemed to sway the outcome in favor of the plaintiff.
“We were able to show them … videos of an actual surgery that (Granger) has slated … and that really did seem to change everything for the better for us,” he said.
The defendant’s attorney, Christopher Seibold of Brown & James in Kansas City, declined to comment.
RELATED: Click to search for and submit your Verdicts & Settlements
- Premises liability
- Amount of verdict, judgment or settlement: $195,000
- Type of action: Premises liability
- Venue: Jackson County Circuit Court
- Case Number/Date: 7/25/2024
- Plaintiffs’ Experts: Dr. Bartosz H. Grobelny, surgical specialties, of St. Luke’s Hospital in Kansas City
- Injuries: head, brain, neck
- Caption: David Granger v. JVM MULTI-FAMILY PREMIER FUND II, LLC
- Plaintiff’s Attorneys: Randall W. Cain of Cain and Cain
- Defendant’s Attorneys: Christopher Siebold of Brown & James
This article credit to MOLawyersMedia