U.S. Magistrate Judge Donald Wilkerson scheduled a settlement conference in a Lindenwood University student’s lawsuit alleging he was injured when he fell off the top bunk in his dorm room.
The settlement conference is set for April 24 at 9 a.m.
“The purpose of the settlement conference is to permit an informal discussion of every aspect of the lawsuit bearing on its settlement value and to discuss, propose and consider, and, in appropriate instances, to enter into settlement agreements,” the order states.
He also scheduled a trial for some time in September 2017 if a settlement is not reached.
Javid Hashimzade filed his complaint on July 2 in the U.S. District Court for the Southern District of Illinois against Lindenwood Female College Inc., doing business as Lindenwood University.
Hashimzade claims he was a student at the University and was residing in one of the school’s dorm rooms. As he was sleeping on Oct. 1, 2014, he alleges he fell onto the floor from the top bunk of a bunk bed provided by the school, the suit states.
As a result, he claims he injured his left wrist, eye, nose and face.
The plaintiff alleges the defendants failed to provide guard rails for the top bunk bed, failed to inform him that guard rails could be obtained and prohibited the separation of the bunk bed so that neither student was required to sleep on the top bunk.
Lindenwood answered the complaint on Aug. 30 through attorney Melissa Null.
The defendant denies the allegations against it and argues that Hashimzade’s alleged injuries were caused by his own failure to exercise due care for his safety.
Lindenwood claims the plaintiff negligently failed to request guard rails if guard rails were not present, used the bed without guard rails even though it was open and obvious that guardrails were not present, slept in a bed when he knew or should have known it presented some danger to him and was otherwise careless.
Hashimzade seeks a judgment of more than $75,000, court costs and any other relief the court deems just.
He is represented by Marc Parker of Parker Law PC in Maryville.