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A Cook County jury awarded a verdict of $2.29 million to a 35-year old construction laborer who was struck in the head and face by a steel lifting loop that broke free from a precast concrete flat top lid for a sewer basin while being lifted. |
On March 27, 2012, the plaintiff was working at a construction site near the Holy Name Cathedral on the corner of Wabash and Superior in Chicago, Illinois. The 6-foot diameter, 4,280-pound precast concrete product and its three steel lifting loops were designed and manufactured by Welch Bros., Inc. of Elgin, Illinois. As the flat top was lifted just a few inches off the ground, one of the three lifting loops snapped off and struck the plaintiff in the head and face. He was rushed to nearby Northwestern Memorial Hospital where he was seen by over 20 world class specialists. As a result of the blunt force trauma, he sustained a subdural hematoma, subarachnoid hemorrhage, multiple facial, orbital, nasal and skull base fractures requiring permanent implantation of three titanium plates and sixteen screws, and traumatic ptosis, facial scarring and permanent vision issues. He also developed cognitive and psychological impairments as a result of the trauma including anxiety, insomnia, depression, headaches and memory difficulties. He will have to manage these conditions for the rest of his life. Nicholas A. Caputo and Christopher R. Kearns of Caputo & Popovic, P.C. and KEARNS LAW FIRM LLC filed a lawsuit in the Law Division of the Cook County Circuit Court, alleging that the product was defective and unreasonably dangerous because of a design defect, a manufacturing defect, and an informational defect. First, the strength of the lifting loops did not comply with the minimum standards promulgated by the Occupational Safety and Health Administration (OSHA). Second, the placement of the lifting loops failed to comply with the manufacturer’s own design drawings. Third, no instructions or warnings were provided. Over 20 witnesses were called to testify during the two-week trial, including treating physicians from Northwestern Hospital to describe the injuries sustained, and coworkers to describe the facts and circumstances of the accident. We also retained an internationally renowned engineering expert, Dr. Richard Ziernicki from Knott Laboratories in Centennial, Colorado, who provided failure analysis and accident reconstruction testimony. Dr. Jeri Morris, a board certified clinical Neuropsychologist, was also retained to conduct a full evaluation of the plaintiff to determine the nature and extent of the traumatic brain injury and the prognosis for future care and treatment. After deliberating for only 45 minutes, the Jury returned a verdict in our client’s favor on all Counts in the amount of $2.290 million. This was a significant and satisfying result for our client and Mr. Caputo and Mr. Kearns are proud to have been able to represent him. Please feel free to contact us if we could be of assistance to you, your family members or friends. Mr. Caputo and Mr. Kearns handle all types of complex civil litigation including, products liability, construction, commercial litigation, personal injury and motor vehicle litigation. |
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