Client Results, Firm News, General Negligence, Health Care, Indiana

Hearn, Swing Secure Defense Verdict in Indiana Dispute Seeking $3M in Damages

August 30, 2021

Johnson & Bell Shareholders, Edward W. Hearn and Susan K. Swing, secured a defense verdict in a premises liability case seeking in excess of $3 million in damages.  The five-day jury trial took place in Lake County (Indiana) Superior Court.  In this case, plaintiff claimed that their three-year-old son suffered a traumatic brain injury as a result of a bathroom stall door falling on him during a visit to a hospital in 2017. Plaintiff further claimed that the child suffered ongoing cognitive deficits and learning issues since the accident.  The defense disputed the accuracy of these claims. In addition, plaintiff’s expert alleged that the door frame wall brackets showed clear signs of wear and tear, which should have alerted the hospital that they needed to be replaced. Defense’s expert countered that there were no visible signs of wear on the wall brackets that held up the door. During their closing, plaintiff attorneys from the Kenneth J. Allen Law Group, asked the jury to award in excess of $3 million in damages.  After deliberating for less than an hour, the jury returned a verdict in favor of the defense in this Indiana dispute. 

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