Personal Injury Law

$8.1 Million Cook County Swimming Pool Verdict Awarded to Man Who is Now an Incomplete Paraplegic

In Cook County, Illinois, a jury has awarded Don Duffy, an Irish immigrant, $8.1 million for the catastrophic injuries he sustained in a swimming pool accident. Because of the plaintiff?s assumption of risk, the award amount was reduced to $4 million.

Don Duffy was seriously injured when he dove into a pool at 4am on July 15, 2001. Duffy had never swam in a pool in the US but assumed that one end of the pool would be shallow while the other end would be deep. After stepping into what he thought was the shallow end of the pool, he got out and dove into what he assumed was the ?deep? end of the pool that was, in fact, just 3 ½ feet deep. It turns out that both ends of the pool were ?shallow? while the deep end of the pool was in the middle. As a result of the Cook County swimming pool accident, Duffy, who sustained a spinal cord injury, is now suffering from incomplete quadriplegia.

Duffy filed an Illinois products liability lawsuit against pool liner maker Latham Plastic and pool installer Black Oak Pool & Supply. During the Cook County personal injury trial, the defendants argued that Duffy, who had just closed a bar prior to the tragic accident, was allegedly drunk and also assumed risk of injury when he dove into a pool without knowing how deep it was. The jury ruled in favor of the plaintiff against the pool installer. It ruled in favor of the pool liner. It found Duffy 50% liable.

Spinal Cord Injury (SCI): Incomplete Quadriplegia
Spinal cord injuries are serious injuries. With incomplete quadriplegia, recovery may vary depending on the seriousness of the SCI, the degree of damage sustained by the spinal cord, and what part of the spine was injured. Some people with incomplete quadriplegia may experience no significant motor function loss but other faculties may be impaired. Some SCI victims may experienced partial motor function loss and/or sensory impairment.

Spinal cord injuries, traumatic brain injuries, and other catastrophic injuries are costly and can be life shattering.

Incomplete Quadriplegia, Spinal Injury Network

Related Web Resources:
National Spinal Cord Injury Association

Water-Related Injuries, CDC

Full post as published by Chicago Injury Attorney Blog on December 13, 2009 (boomark / email).