title
Authorization to settle the matter of Jada Nile (“Plaintiff”) v Chicago Housing Authority and Manage Chicago, Inc., Case No. 2023 L 006146.
presenter
Presenter: Elizabeth Silas, Interim Chief Legal Officer
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Recommendation
The Chief Executive Officer recommends to the Board of Commissioners of the Chicago Housing Authority (“CHA”) the approval of a settlement agreement to compensate Plaintiff for injuries she suffered on February 1, 2022, when she slipped on water from a leaking toilet, causing her to fall, at her apartment located at 8511 S Mackinaw. Plaintiff was a minor at the time of the incident and a student in high school.
On January 31, 2022, plaintiff’s mother called her property manager to report a leaking toilet in the first floor bathroom of her apartment. The unit had bathrooms on both the first and second floor of the unit. Manage Chicago sent a team over to perform repairs that day but were unable to stop the leak. The toilet was removed in their efforts to stop the leak but were unsuccessful. They did not replace the toilet but plugged the drain hole and called United Plumbing, their usual outside vendor for plumbing issues. United plumbing arrived to the home the next day, February 1, 2022 to make the repair but unfortunately plaintiff had already fallen on water that had leaked from the first floor bathroom. Plaintiff fell in the leaked water around 5:30 in the morning as she was preparing for school.
Plaintiff was treated at the emergency room, complaining of right knee pain. She was treated conservatively with a leg brace. As no progress was being made, she met with an orthopedic surgeon, who determined she had torn both her MCL and her ACL, which required surgery. After surgery she underwent a course of extensive physical therapy and was eventually discharged six months after surgery. Her medical expenses total approximately $175,000.
Plaintiff is alleging negligent maintenance and repair of the leak. United Plumbing testified that it is not best practice to remove the toilet on the first floor and allow the tenant to use the second floor toilet as the systems are attached and could cause leaking on the first floor.
On October 16, 2024, a mediation was held through ADR systems. Retired Judge Edward Washington presided over the discussions. Plaintiff’s opening demand was $1.1 million. After approximately six hours of negotiations, the parties agreed to settle this matter for $325,000, subject to the approval of the Board of Commissioners.
Settling this matter as set forth above is in the CHA’s best interest because of the severity and nature of the injury, the on-going pain and loss of mobility being experienced by plaintiff and the lack of a clear liability defense could easily result in a jury verdict closer to plaintiff’s initial demand of $1.1 million.
Respectfully Submitted:
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Angela Hurlock
Interim Chief Executive
Officer