In a case that has been labeled one of first impression, the wife of a victim of mesothelioma has prevailed after the defendant, Tennessee Valley Authority, moved to dismiss the case. The case was heard in the U.S. District Court for the Northern District of Alabama. Barbara Bobo brought this…
Articles Posted in Work Injuries
Illinois Appellate Court Reverses Dismissal of Asbestos-Injured Employee
James Folta had stopped working at Ferro Engineering 41 years before he was diagnosed with peritoneal mesothelioma. He claimed that while working for Ferro Engineering he was exposed to “tremendous amounts of airborne asbestos fibers.” According to the lawsuit, Folta knew that exposure to asbestos dust was dangerous, but Ferro…
$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…
Federal Lawsuit Dismissed with Prejudice Because Plaintiff Committed Multiple Ongoing Discovery Violations Was Not an Abuse of Discretion
Monika Salata was cleaning property owned by Weyerhauser Corp. on March 28, 2008 when she fell and was severely injured. She claimed that she fell because of loose floor tiles. Originally the lawsuit was filed in state court in the Circuit Court of Kane County, Ill. Weyerhaeuser removed the case…
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…
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…
$219,000 Cook County Jury Verdict in Rear-End Truck Collision in Construction Zone
On May 11, 2009, Manuel Banuelos was driving a dump truck through a construction zone on northbound Interstate 94 in Lake County, Ill., when he attempted to turn into a construction site a quarter-mile north of Illinois Route 176. At that point, Banuelos was rear-ended by a semi-tractor-trailer driven by…
Illinois Appellate Court Weighs In on Duty of Care as to General Contractor Liability
In late March 2008, Fortino Fonseca was working for RG Drywall, a subcontractor hired by Clark Construction Group, LLC. While Fonseca was carrying a 100-pound sheet of drywall, he tripped over an electrical pipe that was on a hallway floor. Fonseca fell and the drywall broke on top of him.…
Illinois Appellate Court Finds That OSHA Violations Did Not Raise Duty of Care to Hold Parties Responsible
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.…
Illinois Appellate Court Affirms That Six Flags is Not Liable for the Death of a Worker Who Fell While Dismantling a Ride Structure
The Illinois Appellate Court has affirmed a decision dismissing Six Flags from a Cook County lawsuit. The case arose following the death of Thomas Lee of Pleasant Prairie, Wis. Lee was a heavy equipment mechanic for a Wadsworth, Wis., contractor hired by Six Flags to dismantle the structure of…