Articles Posted in Work Injuries

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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 lawsuit against nine defendants, eight of whom were dismissed pursuant to stipulation for dismissal leaving only her claim against the Tennessee Valley Authority (TVA). The plaintiffs were the co-personal representatives of the estate of Barbara Bobo who maintained a variety of claims against the TVA based on her contraction of pleural mesothelioma from washing her husband’s work clothes. It was alleged that the work clothes contained asbestos dust originating from his job duties at TVA’s Browns Ferry Nuclear Power General Facility in Limestone County, Ala.

In this case, the principle issue was the causation of her contraction of mesothelioma. Before the court was a motion to exclude specific causation opinions of doctors. The motion to exclude the specific causation opinion was found to be moot and the motion to exclude specific causation opinion of another doctor was denied.

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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 Engineering did not warn him and did not provide respiratory safety equipment.

By the time Folta received the fatal diagnosis, the statutes of repose had expired for claims under the Illinois Workers’ Compensation Act (the statute is 25 years) and the Workers’ Occupational Diseases Act (the statute is 3 years after the claimant stopped working for the employer).

As Folta had no other available course of action, he filed a lawsuit in the Circuit Court of Cook County claiming that his mesothelioma was caused by the negligence of Ferro Engineering. Because of the exclusive-remedy provisions found in the Workers’ Compensation and Occupational Diseases statutes, the lawsuit was dismissed. Continue reading

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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 fence. The Fischer employee and defendant, Rod Hagemann, was operating a rented trenching machine, cutting a trench in the frozen ground.

Bottensek was working behind the machine, holding a fence stake steady while his co-worker waited to strike the stake with a sledgehammer to drive it into the trenched ground, when Hagemann lost control of the trenching machine causing the trencher and attached cutting chain to shift backwards. The cutting chain entangled one of Bottensek’s legs and pulled them partially through the rotating chain causing severe injuries to both of his legs.

He sustained an open fracture of the right femur, closed fractures of the left distal tibia and fibula with dislocation and a large complex degloving wound to his left lower leg, requiring multiple surgeries and probable future ankle fusion surgery.

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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 to the United States District Court for the Northern District of Illinois. The parties attempted voluntary mediation but could not reach an agreement. At that point Salata’s attorney withdrew from representing her, and a new attorney took over in March 2012.

At a status hearing on April 4, 2012, the new lawyer stated that she needed additional time to conduct fact discovery. The court extended the discovery deadline until the end of May 2012.

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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 Inc. to do both the painting and the labor to paint portions of the building.

One of the painters hired by Sherwin was Samuel Escareno. He was injured when he fell off a ladder while trying to replace a window screen.

In January 2010, Escareno filed suit against Kass and Terra Cotta. Kass third-partied and sued Sherwin for contribution, but Sherwin moved to dismiss, citing that it had waived its lien on Escareno’s recovery.

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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 work on the roof, which was wet.

Garcia climbed the ladder to the roof and then fell. He sustained multiple injuries, including cervical injuries at C3-4, a left elbow fracture and a fractured right knee cap (patella). Garcia underwent a number of surgeries related to his injuries and incurred approximately $118,300 in medical expenses.

He filed a lawsuit against the homeowner, Robert Barnett, claiming that he chose not to comply with state law by correctly evaluating Dawson Construction, which was not licensed or bonded, before hiring the contractor and insuring that the work at his home would be performed safely.

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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 the defendant Dezell Kelley, pushing Banuelos’ truck into a ditch causing his serious injuries.

Banuelos claimed that he had slowed down in advance of his turn, that his flashers were engaged and signs were present warning drivers of a flagger ahead and the trucks were entering and exiting this highway.

Two witnesses confirmed that Banuelos had slowed and his flashers were on. Banuelos was 39 years old at the time of the crash. He sustained a herniated L5-S1 disc that required a discectomy and fusion, a torn meniscus in his right knee that required arthroscopic surgery and a herniated C5-6 disc requiring treatment and future fusion surgery, all leaving him unable to return to work as a truck driver.

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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.

As a result of the fall, Fonseca suffered injuries that required surgery on his back and right shoulder. On Feb. 1, 2010, Fonseca filed a lawsuit naming Clark Construction Group, LLC as a defendant. During the next 14 months after the filing of the lawsuit, some other defendants were added and some were dropped. By April 15, 2011, the defendants who remained were Clark Construction and Maron Electric, which was a subcontractor hired by Clark Construction to do the electrical wiring for the building.

In the lawsuit, Fonseca claimed that Maron chose not to clear the construction area of debris and that Clark had chosen not to property supervise the work that was being done.

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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. Gutmann had closed in 2006, and it chose to demolish its tannery. The tannery had been in operation since 1870.

Gutmann hired Gabriel Environmental Services because of federal Environmental Protection Agency guidelines regarding heavy metal contamination caused by the tannery’s operation. Gabriel was hired to assess the site, plan what action needed to be taken and hire a contractor to prepare the Gutmann property for sale. Gabriel also was to supervise the work that was being done in the demolition. Gabriel hired Brandenburg to do the demolition work.

In turn, Brandenburg hired Windy City Antique Brick Co. to retrieve, organize and haul away bricks at the site. Jose Torres was killed when a front-end loader owned by Brandenburg and operated by another Brandenburg employee ran into him.

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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 its Splashwater Falls ride.

In March 2008, Lee and his co-workers disconnected and removed a motor on the ride’s platform, leaving an opening 43 feet above the ground.

As Lee was connecting cables from a crane to equipment, he fell through the opening and died. His wife, Donna Lee, filed a lawsuit against Six Flags in Cook County in July 2010 alleging that the theme park owner knew of the dangerous conditions and failed to exercise reasonable care to protect workers who were working on dismantling the ride.

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