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ARTICLE ID 6267

$________ INCLUDING $________ TO PLAINTIFF WIFE FOR LOSS OF CONSORTIUM Worksite accident - Structural Work Act - Laborer falls 20 feet p 7 3 through roof - Defendant general contractor allegedly fails to provide safe workplace.

Cook County, Illinois

This action arose out of a worksite accident involving the 27- year-old male demolition worker, whose employer had been hired by the defendant general contractor to assist in performing demolition work on the property. The plaintiff alleged that the defendant general contractor violated the Structural Work Act and failed to provide him with a safe place in which to work, resulting in the plaintiff falling through a corrugated steel roof upon which he was working, descending 20 feet to the ground below.

The subject accident occurred on January 19, ________, at a construction site located at ________ West 43rd Street. The defendant general contractor had retained the plaintiff’s employer, a demolition subcontractor, to assist in the demolition work required. While atop a roof on one of the buildings in question, the plaintiff fell through the roof, plummeting 20 feet to the concrete below. The concrete was coated with ice and upon hitting the ground, the plaintiff’s feet slid out from under him, causing him to land on his buttocks.

The plaintiff was immediately transported to the hospital where he was diagnosed with an L-1 compression fracture. He remained in the hospital for three days following which he was released. In March of ________, the plaintiff underwent an MRI which depicted a T- 8 compression fracture. The plaintiff claimed that both the L-1 and T-8 compression fractures were related to the subject accident.

The expert testimony indicated that the plaintiff had not undergone surgery by the time of trial, but would require fusion surgery in the future. The plaintiff additionally developed neurologic symptoms post-accident, including severe headaches, nausea, personality change and cognitive difficulties. The plaintiff offered neuropsychological testing which was positive for mild traumatic brain injury. The plaintiff claimed past medical specials of $________. The plaintiff additionally claimed that he was forced to change jobs and, therefore, entitled to recovery damages for diminished earning capacity.

The defendant contended that the plaintiff’s employer, not the defendant, was specifically responsible for safety of the demolition crew while they performed this particular work. The permitting the plaintiff to argue fault on the part of the plaintiff’s employer. The defendant additionally disputed a causal connection between the plaintiff’s alleged brain injury and the subject accident. The defendant additionally disputed the nature and extent of the brain injury, pointing to a negative MRI and negative CT scan, and further disputed the plaintiff’s future lost income claim.

The plaintiff had demanded $________ in settlement. The defendant’s highest offer was $________. The jury found for the plaintiff and returned a verdict of $________, including $________ to the plaintiff’s wife for her loss of consortium.

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