Exterior staircase collapses: Failure to properly attach staircase to building: Back injuries: TMJ injury: Settlement

Law Reporter, Sep 2002

Sonnie v. Biondolillo, Ohio, Cuyahoga County C.C.P., No. 437851, Nov. 30,2001.

Sonnie, 35, and Lograsso, 30, were exiting a commercial building by means of a rear exterior wooden staircase that had been constructed about a month earlier. The staircase collapsed and they fell about 15 feet to the ground. Sonnie suffered a left knee injury that required arthroscopic surgery, connective tissue injuries to her cervical and lumbosacral spine, and a temporomandibular joint (TMJ) injury. Lograsso suffered a herniated disk at IA-5 and a fractured left tibia. Their medical expenses were paid by the state workers' compensation board. The women, who had just been hired for part-time jobs, did not claim lost income.

Sonnie and Lograsso sued the owner of the building and the contractor that built the staircase, alleging they failed to properly attach the staircase to the building. Specifically, they claimed the contractor had merely attached the staircase with nails and did not follow the standard construction practice of using a joist or supporting metal poles.

The parties settled for $245,000, of which $150,000 went to Sonnie and $95,000 to Lograsso. The contractor agreed to pay 60 percent of the settlement, and the building owner will pay 40 percent.

Plaintiffs' experts were George Novotney, architecture, Cleveland, Ohio; Karl Schneider, dentistry/TMJ injuries, Cleveland, Ohio; and Robert Fumich, general medicine, Beachwood, Ohio.

Defendants' experts were Richard Kraly, architecture, Cleveland, Ohio; Kenneth Callahan, dentistry, Parma, Ohio; and Howard Tucker, general medicine, Beachwood, Ohio.

Plaintiffs' Counsel

*Scott Kalish, Cleveland, Ohio