Articles Posted in Forklift Injuries

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On July 19, 2007, Jose Torres was a day worker hired by Brandenburg Industrial Services Co., a contractor responsible for labor, material, equipment and supervision. The contractor agreed to provide all of the safety measures necessary for the demolition of the Gutmann Leather operation and tannery on the Chicago River. Gutmann had closed in 2006, and it chose to demolish its tannery. The tannery had been in operation since 1870.

Gutmann hired Gabriel Environmental Services because of federal Environmental Protection Agency guidelines regarding heavy metal contamination caused by the tannery’s operation. Gabriel was hired to assess the site, plan what action needed to be taken and hire a contractor to prepare the Gutmann property for sale. Gabriel also was to supervise the work that was being done in the demolition. Gabriel hired Brandenburg to do the demolition work.

In turn, Brandenburg hired Windy City Antique Brick Co. to retrieve, organize and haul away bricks at the site. Jose Torres was killed when a front-end loader owned by Brandenburg and operated by another Brandenburg employee ran into him.

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Humberto Menendez was working for Steine Cold Storage, Inc., which was a subcontractor for the installation of thermo units at a Wal-Mart store under construction in Indiana. Steine rented a boom lift from NES Rentals. 

NES Rentals delivered the lift to the construction site on Aug. 23, 2006. The Steine foreman on site signed a 1-page, double-sided, rental agreement that was given to him by NES Rentals.

A paragraph including an indemnification clause was posted on the backside of the rental agreement. The indemnification clause stated that Steine indemnified NES against any claims arising out of negligence as to the use of the rented boom lift. 

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In a record setting jury verdict, $4.16 million, Joshua Jaeger, age 26, was severely injured when he fell 16 feet from a forklift and personnel platform.  Mr. Jaeger was a garage door serviceman who went to the Public Works garage for the City of Elmhurst to give an estimate for repairing a broken garage door spring.

An employee of the City of Elmhurst used a forklift and personnel platform to lift Mr. Jaeger 16 feet into the air to take a look at the spring. After Jaeger reached the proper height, he stepped from one side of the platform to the other when he fell to the concrete floor.  He fractured his right femur, which required open reduction internal fixation surgery.  He also suffered soft tissue injuries to his back.

Mr. Jaeger claimed at trial that he was no longer working as a garage door serviceman because of his injuries.  He claimed past and future lost earning capacity in that job totaling $2,480,794.

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