Doe, a 42-year-old laborer, was installing air pollution control equipment in a confined space at a Massachusetts factory.
The equipment consisted of a 12-foot, two-piece wheel that weighed 1,000 pounds when fully assembled.
After Doe removed the wood block that supported half of the wheel while it was suspended by a sling from a forklift, the wheel swung toward Doe and struck him. The contact caused multiple fractures and a severe left arm injury.
Despite emergency medical treatment, Doe suffered massive bleeding and died of cardiac arrest 40 minutes after this incident. Doe was survived by his adult son.
The lawsuit was filed against the factory owner and the general contractor, alleging that the defendants had breached the standard of care by assembling the wheel inside the confined space and using wood blocks to prop up half of the wheel.
The Doe family and estate asserted that the defendants had negligently used a forklift instead of a crane to hoist the wheel into its housing unit.
Lastly, the lawsuit alleged that the factory lacked a rescue plan, which delayed the emergency responders’ ability to reach Doe and deliver timely medical treatment. The Doe family did not claim lost income.
The defendants contested liability and argued that Doe had very high levels of cannabis in his system at the time of the incident. The defendants also maintained that Doe had entered a confined space despite knowing he was not permitted to do so.
Before trial, the parties settled the case for $1.5 million.
The attorneys successfully handling this tragic case for the Doe family were Jeffrey N. Catalano, Eric Asquith, and Christine Thompson.
Doe v. Roe Workplace, Confidential Docket.
Kreisman Law Offices has been handling work injury lawsuits, wrongful death cases, forklift injury lawsuits, truck accident cases and construction accident lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Hoffman Estates, Wauconda, Vernon Hills, Orland Park, Glencoe, Wheaton, Carol Stream, Hinsdale, Bridgeview, Aurora, Shorewood, Crest Hill, New Lenox, Long Grove, South Holland, Calumet City, Oak Brook, Downers Grove, Carpentersville, Grayslake, Crystal Lake, Mundelein, Chicago (Belmont Gardens, Humboldt Park, Chinatown, East Pilsen, Back of the Yards, Pullman, Canaryville, Bridgeport, Washington Park, North Kenwood, Hegewisch, South Chicago, Calumet Park, Garfield Park, South Loop, Brighton Park, Archer Heights, Garfield Ridge, Little Village, Lower West Side), North Riverside, Melrose Park, Hillside, Berkeley, Franklin Park, Wood Dale, Itasca, Mount Prospect and Rolling Meadows, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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