$3 Million Settlement for Electric Shock Injury

May 13, 2009
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On May 5, 2009, Timothy J. Cavanagh and Matthew M. Rundio of Cavanagh Law Group obtained a settlement of $3 million on behalf of their client, Carmen Shafer, for injuries she sustained after receiving an electric shock from the microwave oven in her kitchen.

On November 5, 2002, Plaintiff Carmen Shafer, age 30, received an electric shock when she brushed her right hand across the surface of the microwave in her kitchen at 1123 W. Washington St., Oak Park, Illinois. A post-incident inspection by the Village of Oak Park Electrical Inspector and a private electrician revealed that the electrical outlet to which the microwave was plugged in violated the village electric code because the hot and neutral poles were reversed, the outlet was not connected properly, and the outlet was not grounded. Experts agreed that the faulty outlet was the cause of the surface of the microwave oven becoming energized with electricity which caused Shafer's shock.

Defendants disputed that the incident happened and that it happened as Carmen Shafer described. Defendants contended that, if anything, Carmen Shafer received a static shock, not an electrical shock. Defendants also claimed the Construction Statute of Repose barred Plaintiffs' claims because the outlet was allegedly installed more than 10 years before the incident. The apartment building where the incident took place was owned by Defendant Society of the Divine Word and managed by Defendant Wolin-Levin, Inc.

As a result of the shock, Shafer suffers from Chronic Regional Pain Syndrome ("CRPS") in all 4 of her extremities. She has 2 spinal cord stimulators installed in her spine to control the pain. Shafer has received medical treatment from numerous specialists and pain care practitioners. Plaintiff Jason Shafer claimed damages for the loss of consortium of his wife. The Shafers were married just months before the incident.

Defendants disputed that Shafer suffered any injury and that she had chronic pain. Defendants also contended that Shafer was malingering and fabricating her pain condition.

The case, Shafer v. Wolin-Levin, Inc. and Society of the Divine Word, Cook County Case No. 03 L 6779, had been pending before Circuit Court of Cook County Judge Marcia Maras since January 2008 for intensive case management, including approximately 26 substantive motions that were briefed, argued, and ruled on. The case was set for trial on May 5, 2009.