Victoria Metal Processor Co. bought an insurance policy from Nautilus Insurance Co. to provide insurance coverage to Vivify Construction for accidents involving negligence by Victoria for a construction project in which Vivify was the general contractor. Nautilus refused to cover a lawsuit filed by a Victoria Metal Processor employee, Pablo…
Articles Posted in Construction Injuries
$2.3 Million Illinois Jury Verdict for Injured Illinois Department of Transportation Flagger
A Jackson County, Ill., jury has signed a verdict for $2.3 million for Frank Adams who suffered a shoulder injury and abnormal scarring condition after he dodged a vehicles in a rear-end crash. Adams was working as an Illinois Department Transportation (IDOT) flagger at the time of the crash. He…
Tort Immunity Prevents Injured Elevator Serviceman from Recovering for Injuries
The Illinois Appellate Court for the 1st District has affirmed the decision of a Circuit Court judge dismissing the lawsuit for the injuries suffered by Rudy Nourse while working as an elevator serviceman. On March 20, 2014, Nourse was working for the Suburban Elevator Co. He and his supervisor were…
Jury Verdict for Silica Supplier’s Failure to Warn Caused Fatal Lung Disease
From 1959 to 1964, Rivers Sampson worked as a sandblaster and used silica as an abrasive agent. In 2014, at the age of 77, Sampson died of sepsis and silicosis, which is a progressive disease caused by inhaling silica dust. Having silica dust attached to the lungs causes inflammation and…
Seriously Injured Worker Denied Relief Under Respondeat Superior
Dean Wilcox fell 50 feet through an open catwalk hatch onto a concrete floor. Having sustained severe injuries, he sued the on-site safety planner, Steven Basehore, for negligent planning causing the fall; Wilcox also named the safety planner’s employer, Bartlett Services Inc., and an intermediary company, ELR Consulting Inc. (ELR),…
Illinois Appellate Court Finds Construction-Related Contract Void
Heron Salgado was a construction worker employed by Abel Building & Restoration. He was assigned to work at a job site at 51st Street on a scaffold that was designed, built, erected and maintained by the defendant Designed Equipment Corp. While working at that construction site, he was injured twice.…
$485,000 Jury Verdict Entered for Eye Injury to Maintenance Crew Worker Without Safety Glasses
Theodore Sussan was working as a member of a crew maintaining park trails. He was on supervised probation and community service for a conviction on drug charges. The county had protective equipment, including safety glasses for crews to use on the job. Sussan and the other crew members worked under…
U.S. Court of Appeals Affirms in Part Dismissal of Product Defect Case at Construction Site, Spoliation Claim
Matthew Schaefer’s employer, Brand Energy, was putting in place a scaffold at the Dynegy Power Plant. Brand Energy had complete control over the scaffold construction and had acquired the scaffold components from Universal Scaffolding & Equipment LLC. Dynegy paid for the scaffolding and owned it. Brand Energy workers had difficulty…
Illinois Appellate Court Holds Insured Contract Void Under Construction Contract Indemnification for Negligence Act
Heron Salgado, a construction worker, was employed by Abel Building & Restoration in January 2011 when he was assigned to work at a job site at 51st Street. He was working on a scaffold design that was built, erected and maintained by Designed Equipment Acquisition Corp. While he was working…
Answer to Interrogatory Raises Insurance Policy Limits in Injured Worker Case to $1 Million-Enough to Pay Jury’s Verdict
In 2006, Kipling Development Corp. was building a home in Will County, Ill. Kipling was the general contractor on the job. The firm hired subcontractors to handle specific pieces of the job, including Speed-Drywall and United Floor Covering. A service technician, Brian Harwell, entered the worksite to replace a furnace…