|
$425,000 BURN CASE IN DOUGLAS COUNTY
REGISTERED CLINICAL SOCIAL WORKER
AS DAMAGE EXPERT
A
jury verdict returned in the Douglas County District Court in May
looks for all the world like a California import. Plaintiff,
18 years old, newlywed, and a few months pregnant, suffered burns
to her hands, arms and knees when her landlord started a fire with
Formica glue in a downstairs apartment and set the stairs on fire
while trying to carry the blazing can of adhesive outside. The
jury returned a plaintiff's verdict of $425,000.
Verdict was directed for the plaintiff on liability. Counsel for
the defense disagrees with that, to put it mildly, and plans an
appeal.
Defendant's last offer was a not ungenerous $120,000. Medical
specials were nearly $20,000. Plaintiff demanded $175,000.
The
story of the plaintiff's escape from her upstairs apartment is
hair raising, and the episode caused her emotional trauma at least
as severe as her burns. Her burns were first and second degree -
no third degree - to the palms of her hands and elsewhere. She
apparently fell on a burning staircase on her way out. Her
biggest medical problem was contraction scarring of her hands.
After plastic surgery, however, she has regained their full use.
Plaintiff's counsel employed a registered clinical social worker,
who had counseled the plaintiff on the instigation of her
attorney, to describe the psychological trauma and render an
opinion as to its permanent effect. Plaintiff's counsel felt she
was effective. Defense counsel was unimpressed. At least one
juror denied being influenced by it. On the other hand, plaintiff
certainly did something right!
In
another state, an award of this size might pass without a ripple.
In Nebraska, plaintiff's lawyers are undoubtedly hoping that it is
the first installment of a flood.
Plaintiff was represented by Bill Gast and Jerome Merwald,
defendant by Milt Katskee and Dean Suing, before the Honorable
Theodore Richling.
|
