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Personal Injury
Wrongful Death
Exposure to Legionella Bacteria

Lucy Acevedo, as personal representative of the Estate of Luis Enrique Acevedo Muro, Deceased v. Marriott International Inc.

Published: Aug. 2, 2014 | Result Date: Apr. 8, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 1:13-cv-06441 Verdict –  $2,200,000

Court

USDC Illinois


Attorneys

Plaintiff

Melanie K. Fairman

Seth E. Miles

Steven J. Seidman

Andrew B. Yaffa


Defendant

Christopher S. Hennessy

Michael W. Caspino
(Forward Counsel LLP)

Anne L. Blume


Experts

Plaintiff

Roberto A. Miki
(medical)

Jason Robin
(medical)

F. Gary Toback
(medical)

Defendant

Mark Swidler
(medical)

R. Jeffrey Snell
(medical)

Facts

Plaintiff Lucy Acevedo, as personal representative of the Estate of Luis Enrique Acevedo Muro, filed a wrongful death action against Marriott International Inc.

Dr. Acevedo, an 80-year-old physician who worked full time, contracted Legionella at the J.W. Marriott in Chicago and died from the illness.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the decedent would continue to work full time for a number of years and claimed support was needed for his wife.

DEFENDANT'S CONTENTIONS:
Defendant did not dispute liability and sought to pay fair and reasonable damages.

Result

Plaintiff's verdict for $2.2 million.

Other Information

Expert testimony revolved around the decedent's medical condition at the time of his death, which included heart disease, kidney disease and a hip injury. Plaintiff's experts viewed these conditions as isolated in reaching the determination that the decedent could be kept alive indefinitely. Defendant's experts viewed plaintiff's medical conditions in conjunction with each other and the decedent's overall health in determining that the decedent's life expectancy was much more diminished than plaintiff's experts asserted. Plaintiff moved for a new trial, claiming the jury did not follow the applicable law in reaching its verdict. Motion was denied. The case was tried solely on damages. FILING DATE: Sept. 9, 2013.

Deliberation

one day

Length

five days


#94528

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