Trial Magazine

As Maya Kirk, 47, was walking along a Chicago sidewalk, an ornamental lamp pole collapsed and fell on her. She suffered a fractured left femur, necessitating surgeries; a head laceration; and a fractured tooth. Her past medical expenses were approximately $252,900. A line packer, she missed one month of work, incurring $7,000 in lost income.

Kirk sued the city of Chicago, alleging that it had approved the design and installation of the lamp pole, which allowed water to accumulate at the base, resulting in corrosive rust that eroded the pole’s structural integrity. The plaintiff also asserted that the defendant had sole responsibility for maintaining the pole and should have provided a waterproof seal at the top of the pole’s shroud.

The defense asserted immunity and moved for summary judgment.

The parties settled for $2 million.

Citation: Kirk v. City of Chi., No. 2019 L 13385 (Ill. Cir. Ct. Cook Cnty. Oct. 4, 2023).

Plaintiff counsel: AAJ members Edward G. Willer and Francis P. Murphy, both of Chicago.

Plaintiff experts: Scott Leopold, structural engineering, Buffalo Grove, Ill.; and Sammy Tin, metallurgical analysis, Tucson.