GRL Law Obtains Record Verdict

Polk County Jury hands down record verdict against property company owned in part by Des Moines housing code habitual violator, Mark Critelli.

On November 12, 2013, a Polk County Jury returned a verdict totaling $1,137,500.00 in favor of the parents of a 21 year old woman who fell to her death from a second story balcony at Grand Stratford Apartments in Des Moines.  It is believed that the jury’s verdict is the largest Iowa verdict under Iowa’s relatively new adult parental consortium statute.

On July 23, 2011, 21 year old Shannon Potts was killed when she fell from a second story balcony of the Grand Stratford Apartments.  The subsequent investigation revealed that the balcony railings were only 32 inches high in violation of the Des Moines Housing Code which required 42 inch railings.   Records showed that the defendant property owner, CM Holdings, LLC, had received four prior notices from the City of Des Moines that the railings were defective and in need of replacing prior to Shannon’s fall.  Mark Critelli, a Des Moines property owner who has been declared a “habitual violator” of the Des Moines Housing Code for repeated health and safety violations, was a 50% shareholder in CM Holdings LLC.

Shannon’s parents’ attorney, Cory F. Gourley, released the following statement:

Kathy and Tim are extremely grateful to the jury in his case for vindicating Shannon and her untimely death.  Moreover, Shannon’s parents hope this verdict serves as a stern warning to landlords to prioritize safety of guests and tenants over profits.   

There is nothing wrong with a business making money.  But when it comes at the expense of a human life, something has to change. The jury agreed.  While it is too late for Shannon and her family, Kathy and Tim are hopeful that the jury’s verdict will save the lives of others by serving as a constant reminder to landlords that their disregard for safety requirements will not be tolerated and comes at a steep price.

For more information on individual's rights and responsibilities regarding dangerous conditions on property log onto www.GRLLAW.com.

Multi-Million Dollar Verdict For Victims of Trucking Accident

A federal jury in the Southern District of Iowa returned a verdict of over four million dollars for GRL Law's clients who were victims of a semi-truck accident. The accident took place just outside of Mount Pleasant, Iowa, on Highway 218 Southbound, at exit 45.

The multi-million dollar verdict was a result of an accident caused by a negligent truck driver who failed to comply with Iowa and Federal Commercial Trucking Regulations. The truck driver was shown to have falsified her driving logs and also to have violated the hours of service regulations the day prior to the accident. More importantly, plaintiffs established at trial that the driver of the semi-truck had illegally stopped her semi on the shoulder of the highway just minutes prior to the accident. As the truck driver pulled back out into traffic from the shoulder, her clearance lights were not illuminated as required by Iowa law and consequently the plaintiffs, who were just cresting a hill and rounding a curve, were unable to see and ultimately avoid the slow moving semi in time. A reconstruction of the accident established that the semi was traveling anywhere from 18 - 35 mph at the time of the collision on a highway with a speed limit of 65 mph. The trucking company who owned the truck at the time of the accident was also held liable because in the State of Iowa, the owner of a vehicle is liable for the negligent acts of a driver using the vehicle with their consent. See Iowa Code section 321.493. The jury found the defendant truck driver and trucking company to be jointly responsible and 90% at fault while the driver of the plaintiffs vehicle was only found to be 10% at fault under Iowa's comparative fault law.

The results of the accident were tragic. A two-year old boy suffered an open parietal skull fracture resulting in brain injury. The front seat passenger, a 22 year old male was killed on impact. Finally, the driver, an 18 year old female, suffered a fractured C-6 vertebrae. The child continues to suffer from the effects of his traumatic brain injury to this day.

The jury's verdict broke down as follows: $400,915.76 to the driver of the plaintiffs' vehicle with a substantial portion being awarded for past and future pain and suffering; $3,190,852.40 to the brain injured child including compensating for loss of bodily function and past and future pain and suffering; $71,371.59 to the estate of the deceased passenger for his wrongful death; $400,000 to the deceased passenger's mother for loss of her relationship with her son known as consortium; and $25,000 to the father of the injured child for his loss of consortium. With the 10% fault reduction pursuant to Iowa's comparative fault law, the total judgment entered against the defendants was $3,679,325.77

Some people may find it interesting that the trucking company's insurance carrier, National American Insurance Company's final offer to settle ALL claims prior to trial was $350,000. It turned out they were $3,329,325.77 too low.