Corboy & Demetrio Obtains $1 Million Settlement for Homeowner Injured in Deck Collapse

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A $1 million settlement was obtained by the personal injury law firm of Corboy & Demetrio for a young mother who suffered a compound fracture of her ankle when the deck she stood on collapsed two stories. Her four year-old daughter also fell off the deck but was caught by her mother with one hand before hitting the ground.

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This high settlement is the result of three things

Town & Country Homes, (TCH), has agreed to pay $1 million to a homeowner who was injured when the deck she and her young daughter were standing on collapsed two stories to the ground. Attorney Francis Patrick Murphy of the Corboy & Demetrio law firm represented the homeowner. Judge Michael Caldwell of the Circuit Court of McHenry County, Illinois, approved the settlement.

On May 4, 2009, Marisa Costello and her four year-old daughter were sitting on the second story attached wooden deck of their home in Cary, Illinois. Marisa stepped into her kitchen for a minute and when she stepped back out onto the deck, the deck tore away from the house. Mrs. Costello fell nearly 12 feet to the ground. As she lay on the ground, her daughter who had also fallen off the deck was caught by her mother with one hand before she hit the ground. The patio table that was on the deck slid off and fell but Marissa was able to hold it up with her other hand to keep it from injuring her and her daughter.

Marissa sustained a compound fracture of her ankle and multiple abrasions. She has had one ankle surgery and will need another.

The Costello home was built by TCH. The complaint filed in the case alleged that TCH failed to properly construct the deck and did not comply with the Cary village code which requires builders to use lag bolts to attach decks to homes. The Costello’s deck was attached only with nails.

“This high settlement is the result of three things,” said attorney Murphy, a highly sought after lawyer in porch and deck collapse cases due to his extensive experience and success. “One, the work done on the Costello’s deck was very shoddy. It was in violation of the builder’s own architectural plans and the Cary building code. Two, the defendant’s own professional inspectors missed the shoddy work. And three, Marissa has been given a ‘life sentence’ of pain and disability. She will have to have a second ankle surgery and will be in pain for the rest of her life.”

Costello v. K. Hovnanian T&C Homes at Illinois, L.L.C., d/b/a Town & Country Homes, et al; McHenry County, Illinois, Circuit Court, court number 09 LA 185.

To consult with Attorney Murphy or any other lawyer at our Chicago personal injury law firm, call 312.346.3191. We are available 24 hours a day, 7 days a week.

Further firm information can be found on the Corboy and Demetrio Findlaw firm profile or the Corboy and Demetrio Super Lawyers profile.

About Corboy & Demetrio
Corboy & Demetrio is one of the nation’s premier law firms. It represents individuals and their families in serious personal injury and wrongful death cases arising out of airplane and railroad disasters, failed products, medical malpractice and a host of other catastrophic events. Corboy and Demetrio is renowned for its achievements in the courtroom and for its contributions to the community. The rights and concerns of its clients are at the core of Corboy & Demetrio’s practice. That commitment, dedication, compassion and relentless drive has resulted in exceptional service and exceptional results. The firm has acquired more than $3 billion in settlements and verdicts, of which almost 600 were in excess of $1 million.


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Mary Neville
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