Shooting Victim Avoids Summary Judgment, Pennsylvania State Jury Awards $11 Million Against Residential Behavioral Health Center That Allowed Escape Of Violent Juvenile
On June 23, 2011, plaintiff Eric Johnson was getting out of his car after returning home from work in Southwest Philadelphia at around 2:00 a.m. when he was shot by Shykir Crew. Crew, 16 years old at the time, was a resident of a psychiatric residential treatment facility owned by defendant Devereux Foundation. Crew escaped confinement and traveled to Philadelphia, where he injured plaintiff. Crew was convicted of aggravated assault in the shooting in February of 2014. Plaintiff suffered a severe spinal cord injury as a result of the gunshot wound, as well as a pulmonary contusion and rib fractures. Plaintiff continues to walk with two canes, often resorting to the use of a wheelchair, and suffers from neurogenic bladder and bowel, incomplete paraplegia with paralysis, post-traumatic stress disorder with depression, and ongoing lower extremity spasticity with continuous spinal pain requiring Botox injection therapy.
Plaintiff filed a complaint against the Devereux Foundation in the Court of Common Pleas of Philadelphia County, PA, on May 14, 2014, claiming that Devereux had negligently failed to supervise Crew. Devereux's internal supervision procedures required overnight staff to conduct bed checks every 15 minutes and document the presence of the juveniles in their beds. However, plaintiff argued that staff members failed to follow the procedure and documented that Crew was in bed throughout the night when he had left. Plaintiff also argued that Devereux failed to have secure window guards in place, even after knowing that Crew had previously escaped utilizing a bedroom window.
Devereux argued that plaintiff's action was untimely, as the writ of summons had been filed 11 months after the statute of limitations had expired. Plaintiff argued that he did not learn of Devereux's negligent conduct until Crew's criminal trial in February of 2014. Defendant also argued that it had limited immunity from suit in the absence of gross negligence or willful misconduct.
Plaintiff rejected Devereux's $50,000 offer of settlement. The court allowed the issues of whether the lawsuit was filed within two years from when plaintiff could have reasonably discovered that his injuries were caused by Devereux, and whether Devereux was grossly negligent, to proceed to a jury trial on March 3, 2017. The jury returned a verdict on March 17, 2017, awarding plaintiff $11,031,000.
Eric Johnson was represented by Thomas Kline, Dominic Guerrini, and Colin Burke of Kline & Specter, P.C. The Devereux Foundation was represented by Yost & Tretta, LLP, Tucker Law Group, and Lamb McErlane, P.C.
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