Our client, two-year-old Messiah Galigan, was injured at his grandmother’s condo, when he fell through a 10.4” gap in stair balusters, and landed on his head, three stories below. Messiah sustained a non-displaced 4 cm skull fracture and an associated TBI (traumatic brain injury). Though his injuries were severe and could potentially require medical care for life, it would take three years of litigation, mediation, and fighting for our client every day, before we could discuss a settlement in good faith.
Due to the unfavorable conditions of the Premises Liability Act, the defendants had made a $25,000 opening “nuisance” offer, and after two years, moved to a $70,000 “top dollar” offer. This offer would not have been justice and would not have been to our standards at McDivitt Law Firm.
Through diligent and patient navigation of the legal process, attorneys Jordan McAdams and Ed Lomena, along with paralegal Nora Rizvani, were able to discover withheld documents that would prove pivotal in establishing liability against the defendant HOA.
The documents revealed that Five months prior to the incident, Defendants had been cited for 5 violations, including a violation for the condition of their stairs/handrails. There were 5 buildings on the property, and the written violation indicated the conditions existed throughout the property. The defendants placated the city for several months and failed re-inspection after re-inspection. Finally, the city of Aurora summoned Defendants to court.
More than three years after taking this case we were able to negotiate a large settlement and get Messiah and his grandmother, Tanya Edmonson, the justice they deserve. The defendant’s initial offer was, frankly, insulting, and we prepared to do whatever it would take to obtain a settlement that was fair. Great job to Jordan, Ed, and Nora for their tenacity and commitment to this case!