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ARTICLE ID 29157

$________ - CONSTRUCTION SITE NEGLIGENCE - IRONWORKER SUFFERS CAREER-ENDING SLAP LESION OF SUPERIOR GLENOID LABRUM IN RIGHT SHOULDER WHEN STEEL BEAM SLAMS INTO HIS SHOULDER - DEFENDANT DENIES OCCURRENCE OF ACCIDENT, BLAMING A SUBSEQUENT INJURY WHICH OCCURRED TWO YEARS LATER FOR CLAIMS.

Cook County, Illinois

The plaintiff’s right shoulder was permanently injured when a steel beam slammed into him. The plaintiff contended that the defendant crane operator was negligent when he brought a steel joist, that was spinning, over to the plaintiff, striking him in the shoulder. The defendant contended that the permanency claimed by the plaintiff was caused by a subsequent injury and was not causally related to this incident.

On February 15, ________, the 26-year-old plaintiff was employed as a journeyman ironworker. He was a connector, receiving and installing steel joists. The crane operator, employed by the defendant, hoisted a steel joist to him in an unsafe manner. The steel beam was spinning without a tag line and proper signal. The p 7 3 beam struck the plaintiff in the right shoulder. As a result of the incident, the plaintiff suffered a SLAP lesion or tear of the Superior Glenoid Labrum in his right shoulder. After surgery and four months of rehabilitation, the plaintiff returned to ironwork. He continued to experience pain however, and approximately six months following this accident, he was diagnosed with tendonitis. The tendonitis continued for approximately two years while he continued ironwork. On September 25, ________ the plaintiff was swinging a sledgehammer when his right shoulder "gave-out" completely. He was then diagnosed for the first time with a career-ending rotator cuff tear.

The plaintiff contended that the two accidents were linked and that the injury received in the first accident predisposed the plaintiff’s shoulder for the rotator cuff tear. The defendant maintained that it was solely the second accident and not the actions of the defendant crane worker in the first accident that caused the permanent injury to the plaintiff. The defendant disputed that the crane operator acted negligently and in fact, denied the incident even occurred. The plaintiff presented medical records and expert testimony that demonstrated that the two accidents were linked and that the crane operator was negligent.

The trial in this matter lasted two weeks. The jury deliberated for four hours and it returned a verdict for the plaintiff. The jury awarded the plaintiff damages consisting of: $________ for past non-economic damages, $________ for future non-economic damages; $________ for past economic damages and $________ for future loss of earnings.

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