Robert Barnett, a homeowner, hired Dawson Construction LLC to do some home repair work. The work included climbing a ladder to get on the roof to make some repairs to it. Juan Garcia , a 43-year-old day laborer, was working for Dawson Construction at the time. Garcia was asked to work on the roof, which was wet.
Garcia climbed the ladder to the roof and then fell. He sustained multiple injuries, including cervical injuries at C3-4, a left elbow fracture and a fractured right knee cap (patella). Garcia underwent a number of surgeries related to his injuries and incurred approximately $118,300 in medical expenses.
He filed a lawsuit against the homeowner, Robert Barnett, claiming that he chose not to comply with state law by correctly evaluating Dawson Construction, which was not licensed or bonded, before hiring the contractor and insuring that the work at his home would be performed safely.
Garcia alleged in his lawsuit that Dawson Construction, also a defendant, chose not to provide fall protection, such as a harness, and had failed to warn Garcia of the dangers associated with working on a wet roof. The lawsuit did not claim any lost time from work or lost income.
The jury entered a verdict in favor of Juan Garcia in the amount of $468,300 and apportioned responsibility at 75% to Dawson Construction LLC and 15% to Robert Barnett, the homeowner. The jury found Juan Garcia 10% contributory negligent for his own injuries. The attorney representing Juan Garcia was Randolph Pickett.
Garcia v. Dawson Construction, No. 1209-11784 (Oregon, Multnomah Co. Cir. , Sept. 25, 2013).
Kreisman Law Offices has been handling construction site work injuries, work accident cases, car accident cases and nursing home abuse cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Lyons, Hinsdale, Burr Ridge, Worth, Chicago Ridge, Palos Hills, Orland Park, Orland Hills, Tinley Park, Frankfort, Olympia Fields, Chicago Heights, Richton Park, Lynwood, Lansing and South Holland, Ill.
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