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Jun 11, 2018

¼ Million Dollars for Brenae Timmons, Victim of Iron Gate

Brenae Timmons, now five years old, was crushed by a heavy iron gate on the compound of the Pickstock Development Association, steps away from the Lake Independence Public Library where her father Bernard Timmons works as a librarian.  On January twenty-ninth, 2016, she had been playing outside with another child when the gate fell. She was in an induced coma and required multiple surgeries and other medical treatment which has left her a very changed little girl. Now her family is expecting a major windfall to further assist in her care – two hundred and sixty thousand dollars courtesy of the Pickstock Development Association, the owner of the compound which also includes the Samuel Haynes Institute of Excellence, and the contractor responsible for building the gate, Brian Espat.  Supreme Court Justice Sonya Young in March rules against the Association and Espat, and today the quantum of damages was assessed. We spoke to the Timmons’ family’s attorney, Kareem Musa.

 

Kareem Musa

Kareem Musa, Attorney for Bernard and Brenae Timmons

“The judge had initially found that liability fell on the Pickstock Development Association, as occupiers of the property on Mahogany Street, they owed a duty of care to Brenae as a visitor on the premises; and also on the contractor, there was a finding of negligence on his part in terms of the construction and installation of the iron sliding gate that fell on Brenae that day in January of 2016. Today, the matter has come to a final close, and the judge has awarded damages to Brenae’s parents in the sum of two hundred and sixty thousand dollars as general damages. As you know, the damage that Brenae has suffered is a permanent one. She suffered severe brain injury; she has difficulty now with her motor skills, with her balance; she has mood swings; she has difficulty speaking, and all of these things – no amount of money could ever put Brenae back in the position she was prior to this accident. But what the court tries to do, aims to give some level of comfort and find an adequate sum that can afford Brenae the necessary treatment that she’s going to need; if she’s going to need subsequent surgery, and certainly to put her as close as possible to the position she was in prior to this accident.”

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