Monday, November 20, 2017

Settlement reached in Nicodemus family wrongful death lawsuit

A settlement was approved today in the lawsuit filed by the parents of former Joplin High School senior Spencer Nicodemus, who died when a basketball goal collapsed on him March 2 at Irving Elementary School.

The terms of the settlement are confidential, according to a document filed in Jasper County Circuit Court, and the defendants, Universal Construction, Gared Holdings, LLC, GH Post Sale, LLC, Carroll Seating Company, Inc., and Sapp Design Architects PC "have not admitted liability, but offer settlement to resolve all disputed claims and to buy their peace."

According to the terms of the settlement, the Nicodemus family will not be able to bring any further action against the defendants, or against the Joplin R-8 School District, which was not a defendant in the action.

The eight-count, 31-page petition accused all of the defendants of negligence, and alleged liability against Gared Holdings, the company that owned Performance Sports System, which now goes by the name of GH Post Sale.

The goal that killed Spencer Nicodemus was "unreasonably dangerous when put to a reasonably anticipated use," according to the petition.

Carroll Seating entered into a contract with November 6, 2014 to provide and install the equipment. The collapsed goal was part of a change order that added four overhead basketball goals, backboards, and assemblies.

Universal Construction signed off on the equipment without ever testing it and did not do an inspection after one year as it was obligated to do, according to the petition.

The settlement is the second Universal Construction has been forced to make as a result of shoddy workmanship during the construction of the new buildings the school district needed after the May 22, 2011 Joplin Tornado.

A settlement was reached with Sue Macy, who was injured when cabinets collapsed in the office area at the new East Middle School. The petition alleged that the cabinets were not securely fastened to the wall. When the cabinets fell on her, Macy suffered injuries to her head, neck, shoulders and back, according to the lawsuit.

The case was scheduled to come to trial October 7, 2016, when the sides reached a settlement and the case was dismissed June 29, 2016.

1 comment:

Anonymous said...

Prayers of comfort for this family.