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
Defendant
Michael W. Caspino
(Forward Counsel LLP)
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
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