# 00331536, Mark Pennington v. Alan Schultz et al. filed 11/14/08

Defendant’s Attorney: Matthew M. Haffner

Verdict: Defense                                                      Dept. 42: Hon. Henry J. Walsh

Plaintiff was struck on the shoulder when a piece of  concrete molding fell from a building.   Plaintiff claimed medical damages for treatment of abrasions and contusions to his shoulder area and thoracic outlet syndrome arising from the incident, along with damages for loss of earnings.  Defendants were building owner, building maintenance company, and a concrete molding installer/contractor retained by maintenance company.  Concrete installer settled with Plaintiff for $125,000.00 prior to trial with payment terms dependent on trial verdict. Defendants building owner and management company claimed no liability as they had no direct role in the supervision and inspection of the improperly installed concrete molding.  Defendants also claimed the improperly installed molding was a latent defect which could not have been known by them until the incident occurred.  Jury returned a defense verdict.  Defendants requested costs of $32,050.98.

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