Woman falls after foot catches in grate: Negligent maintenance: Brain injuries: Seizure disorder: Mediated settlement

Law Reporter, Apr 2004

Simpson v. Service United States Corp., N.H., Hillsborough County Super. Ct., No. 01-C-0244, Nov. 19, 2003.

Simpson, 64, was walking in a parking lot when her foot caught in a grate and she fell, striking her head on the pavement. She suffered traumatic brain injuries, requiring an emergency craniotomy. Simpson was in a coma for nine days. She continues to suffer from seizure disorder and cognitive loss. She incurred about $218,000 in past medical bills, and her life-care plan is estimated to cost between $500,000 and $2 million. Formerly a nurse, she has not been able to return to work since the incident. She incurred lost income totaling about $150,000.

Simpson and her husband sued the companies that owned, operated, and managed the parking lot, alleging negligence in installing the drain cover upside-down, causing the gaps in the grate to be uneven and larger than federal standards allow. Plaintiffs also claimed negligent maintenance. Defendants contended, among otlier things, that there was insufficient evidence to determine the cause of the fall.

The parties reached a mediated settlement during trial for approximately $1.08 million.

Plaintiffs' experts included David Dodge, safety engineering, Standish, Me.; David Exline, chemical forensics, Pittsburgh, Pa.; Frederick Hochgraf, chemical forensics, Sommersworth, N.H.; Alec Hicks, property management, Avalon, N.J.; and Sandra Suduikis, physiatry, Woburn, Mass.

Defendants' expert witnesses in this case were Andrew Simms Jr., civil engineering, Palmer, Mass.; Seth Kolkin, neurology, Falmouth, Me.; Tina Trudel, neuropsychology, Farmington, N.H.; and Thomas Sheridan, biomechanics, Newton, Mass.

Plaintiffs' Counsel

* Kevin M. Leach, Manchester, N.H.

* David L. Nixon, Manchester, N.H.