title
Authorization to settle the matter of Ziola Garcia (“Plaintiff”) v Chicago Housing Authority, et al, Case No. 2022 L 001121.
presenter
Presenter: Elizabeth Silas, Interim Chief Legal Officer
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Recommendation
The Interim 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 5, 2021, when she fractured her foot and fell on a loose safety mat at the Wicker Park Apartments located at 1414 N. Damen Avenue, Chicago, Illinois.
On February 5, 2021, Plaintiff suffered a Linsfranc fracture of her right ankle when her foot caught a buckle in the floor mat in the vestibule as she was exiting the building. The catch caused her to fall forward, striking her head and neck on the exit door. The blow to the forehead caused a large hematoma to form with surrounding swelling of the left eye and forehead. She lost consciousness after the fall and has had persistent nervous system complaints and likely sustained a concussion in the fall. Her current medical expenses are $145,000 and an additional surgery will be needed at a cost of approximately $125,000.
The forceful impact of her right foot resulted in a classic Linsfranc fracture-dislocation of her mid-foot, with dislocations and joint fractures between multiple metatarsal bones and deep peroneal nerve injuries. While plaintiff received appropriate orthopedic surgical care, she has been left with substantial right foot deformity and very little shock absorbing motions of foot and ankle. Future surgery could provide some nerve release, but the deformity and poor ankle function will persist as a permanent injury.
She also suffers from ongoing spine pain with radiation to the upper extremities. Disc protrusion is seen in the upper neck and were likely caused by the incident as there was no pre-existing degenerative disc disease in prior MRI tests.
On October 22, 2024, a mediation was with Judge Scott McKenna. Plaintiff’s opening demand was $1.5 million. After approximately three hours of negotiations, the parties agreed to settle this matter for the court recommended amount of $500,000, 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 permanent nature of her right foot injury 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 $1.5 million.
Respectfully Submitted:
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Angela Hurlock
Interim Chief Executive Officer