Facts

A 600-pound iron security gate protected defendant's private property. The gate was allegedly negligently maintained because it failed to contain the proper gate stops and other safety measures intended to prevent the gate from falling over. While plaintiff was manually shutting the iron security gate, it suddenly collapsed onto plaintiff, causing severe crush injuries, resulting in multiple surgeries.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the iron gate's collapse was clearly foreseeable and preventable. At one time, the gate was motorized. When the motor broke, defendant refused to repair it, thus requiring the gate to be manually closed each night. Plaintiff also alleged that defendant was aware that stoppers and other basic security features would have prevented its collapse.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the accident never occurred because there were no third party witnesses to the accident, and the responding officer's accident report placed the scene of the accident at a similar property two blocks away from where it actually occurred. Assuming the accident occurred on defendant's property, defendant claimed that plaintiff's own negligence caused the gate to fall on him. Defendant further claimed that the amount and cost of all past treatment done on lien was excessive and unreasonable.

Injuries

Plaintiff suffered L3 compression fracture, meniscal tears in both knees, and torn should ligaments and tendons.

Result

The case settled for $1 million (policy limit).

Other Information

FILING DATE: Nov. 9, 2011.