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Articles Posted in Construction Injuries

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U.S. Court of Appeals Bars Injured Railroad Workers’ Medical Expert at Trial

Shannon Brown sued the Burlington Northern Santa Fe Railway Co. under the Federal Employers’ Liability Act, 45 U.S.C. Section 51, et seq. Brown started as a laborer and worked his way to foreman, track inspector and machine operator by 2009. In 2007, he was diagnosed with carpal tunnel syndrome in…

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U.S. Court of Appeals Reverses Trial Court on the Issue of Whether a Federal Court Can Ignore a State Court Judgment on the Grounds that the State Court Did Not Have Jurisdiction

Robert Lodholtz was seriously injured in 2011 while working at a plant owned by Pulliam Enterprises in Indiana. Lodholtz filed a personal-injury lawsuit against Pulliam in the Indiana state court. Pulliam called on Granite State Insurance Co., its primary liability insurer, along with New Hampshire Insurance Co., to defend and…

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$2 Million Cook County Jury Verdict for Disc-Injured Construction Worker at Chicago Loop Train Station Project

On April 27, 2009, Daniel Fleck, a union sprinkler fitter employed by Global Fire Protection, was working at the Ogilvie Transportation Center in Chicago. This work occurred during the MetraMarket construction project that was under way on the lower level. Fleck was 39 years old at the time. The construction…

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OSHA Changes Its Reporting Duties of Employers in Work-Related Injuries

The U.S. Occupational Safety and Health Administration (OSHA) has revised its reporting requirements when an employee dies on the job or suffers a work-related hospitalization, amputation or loss of an eye. If an employee is severely injured, employers will now be required to immediately notify OSHA of the work-related fatality…

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Illinois Appellate Court Finds that Failure to Perfect Subrogation Rights Does Not Allow for Equitable Tolling of the Statute of Limitations

The Illinois Appellate Court has answered a certified question that was brought to it from a circuit court judge. In this case, Michael McGrath owned a home designed and built by Patrick Plunkett Architectural Design Ltd. and insured by American Family Insurance Co. McGrath filed an insurance claim on Aug.…

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Architect Sued for Unsafe Retaining Wall Design; Jury Finds for Defendant

A nationally recognized art critic and historian, Gerald J. Nordlund, visited the Art Institute of Chicago at 111 S. Michigan Avenue on Sept. 5, 2009. He was 82 at the time. After leaving the Art Institute, Nordland stepped onto a retaining wall, which separated the sidewalk along Columbus Drive from…

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$3.5 Million Illinois Jury Verdict for Injured Landscape Worker After Entangled with Trenching Machine

Ricky Bottensek, 44, was working as a landscaper for his brother’s company, which turned out to be a third-party defendant in this case, Bottensek Inc. The job site was in Rochelle, Ill. On Feb. 28, 2008, the defendant, Fischer Excavating, was digging a trench for the installation of a stilt…

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Illinois Appellate Court Holds that Power to Inspect the Work of a Contractor is Not the Control Needed to Give Rise to a Duty to a Contractor’s Employees

In a case dealing with an accident at a construction work site, Samuel Escareno sought damages against Terra Cotta Commons Condominium Association and Kass Management Services for injuries he suffered. Terra Cotta Condominium was the owner of a condominium building that was managed by Kass Management. Kass hired Sherwin Painters…

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Jury Enters Verdict for $468,000 in Worker Fall and Injuries at Construction Site

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…

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U.S. Court of Appeals for the 7th Circuit Has Affirmed Dismissal of Third Party Counterclaim Involved in an Electrocution Case

Gamesa Technology Corp. entered into a contract with Minnesota-based Outland Renewable Energy to provide maintenance for Gamesa’s wind turbines. Iberdrola Renewables Inc. runs the Gamesa-made turbines at the Cayuga Wind Farm located in Livingston County, Ill. While servicing a Cayuga turbine, one of Outland’s employees, Aaron McCoy, was electrocuted when…

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