Justin Hasty, 24, was a Wonder Bread deliveryman making a delivery to the Jewel Store in Aurora, Ill., when he slipped and fell in an employee break room. Hasty was directed to the room by a Jewel employee. Before this incident, the break room was being stripped and waxed by an independent contractor, defendant Score Group, Inc. Jewel hired an independent janitorial management services company to clean its stores nationwide. The janitorial service company then contracted the work at this store to the defendant Score Group.
Because of his fall, Hasty sustained spinal injuries resulting in three separate low back fusion surgeries. This left his entire spine fused from T-12 to S-1. He has a permanent 20-pound lifting restriction. He is unable to return to his work as a delivery driver.
Hasty argued that there was special cleaning work going on, which made it the responsibility of Jewel to warn him of the dangerous condition and direct him not to use the break room.
Hasty also maintained that both the janitorial service and Jewel failed to warn of the dangerous condition and coordinate the potentially dangerous work.
The Score Group employee who was mopping at the time of the incident was never located. Before trial, a total settlement package of $2 million was offered. This included Score Group’s $1 million policy. Score Group is now defunct, so the verdict is only collectible to Score’s policy limit of $1 million. The jury’s verdict of $1,459,536 was reduced by 30 percent, which was accountable for Hasty’s contributory negligence.
The jury found Jewel and the Janitorial Management Services not guilty of any negligence. The entire verdict of $1,021,675 was against Score Group only.
The jury’s verdict was made up of the following damages:
$680,775 for past and future medical expenses;
$81,900 for past and future loss of earnings;
$70,000 for loss of normal life;
$189,000 for past and future pain and suffering.
The attorney for Hasty was David R. Centracchio.
Justin Hasty v. Jewel Foods Store, Inc., Janitorial Management Services, Inc., et al.,
12 L 6134 (Cook County).
Kreisman Law Offices has been handing serious injury cases for individuals and families for more than 37 years, in and around Chicago, Cook County and its surrounding areas, including Elmwood Park, River Grove, Chicago (Belmont Heights), Itasca, Wood Dale, Buffalo Grove, Mount Prospect, Park Ridge, Robbins, Justice and Lemont, Ill.
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