Mr. Doe, a 44-year-old electrician, was hired by a general contractor to perform electrical work at a housing development project.
When Mr. Doe stepped on the mid-rail of a temporary guardrail, installed to provide fall protection on a second-story landing, the mid-rail collapsed. It had been joined with just one nail. Mr. Doe toppled over the guardrail and fell about 15 feet to the landing below.
He suffered numerous injuries in the fall. His many injuries included a severe closed-head injury, a skull fracture, an intracerebral hemorrhage, and facial, rib, scapular and wrist fractures.
Mr. Doe continues to suffer from post-traumatic headaches, vision loss and memory problems.
Although he eventually returned to light-to medium-duty work, he is still unable to resume his former job where he had earned approximately $45,000 per year. His medical expenses totaled $500,000.
Mr. Doe sued his employer’s safety consultant, the general contractor and the project’s framing contractor.
He alleged that the mid-rail did not comply with OSHA standards, the general contractor chose not to conduct safety inspections of the project site and fix the defective guardrail, and the safety consultant failed to provide adequate safety training to Mr. Doe and his fellow employees.
The defendants denied that the mid-rail was inadequate. They also disputed causation. The defendants argued that the plaintiff, Mr. Doe, should have used an extension ladder instead of the scaffolding.
Before a jury trial, the parties settled for $5.17 million, which included the waiver of the $620,000 workers’ compensation lien.
The attorneys successfully handling this case for Mr. Doe were Elinor Leary and Kimberly Wong.
In the discovery phase of the case, the plaintiffs engaged experts in lifecare planning, physiatry, vocational rehabilitation, workplace safety, economics and accident reconstruction.
The defendants engaged experts during the discovery phase of the case in life care planning, economics, electricity, neuropsychology, neurology and vocational rehabilitation.
Doe v. Roe General Contractor, Confidential Docket.
Kreisman Law Offices has been handling catastrophic injury lawsuits, workplace injury cases, wrongful death lawsuits, construction injury lawsuits, car accident cases, bike accident lawsuits, and motorcycle accident lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Palatine, Palos Hills, Clarendon Hills, Lake Zurich, Morton Grove, Niles, Des Plaines, Lake Forest, Northbrook, Glenview, Zion, Wheeling, Libertyville, Hinsdale, St. Charles, Chicago (Austin, Garfield Park, Jefferson Park, Rogers Park, Bronzeville, Andersonville, Ukrainian Village, South Chicago, Pilsen, Back of the Yards), Lincolnwood, Lemont, Lansing, Worth, South Holland, and Country Club Hills, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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