. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 8432

$________ Ironworker suffers severe electrical shock and second and third degrees burns over 60% of his body when gatepost he was moving strikes overhead power line that was supposed to have been de-energized.

Cook County, Illinois

PLAINTIFFS’ CONTENTIONS The plaintiff was an ironworker employed by Midwest Fence Corporation, which was brought into this litigation as a third- party defendant. The primary defendant was the property owner of ________ S. Wheeling Road in Wheeling, Illinois. The plaintiff was on the premises with his son, also an ironworker, to install a security gate to control incoming and outgoing traffic to the plant. The plaintiff’s son was the foreman on the jobsite and the operator of the crane. In order to place the gate, it was necessary to rotate the gate so that it could be snapped in place. As it was being rotated, the gatepost struck an overhead energized power line carrying ________ volts. The power line was located on the defendant’s property. The plaintiff suffered severe electrical injury, second and third degree burns over 60% of his body. He was airlifted from the site to the hospital where he underwent four separate surgical procedures, including skin grafts. He was subsequently admitted for rehabilitation in Chicago for physical and occupational therapy.

The plaintiff sued the defendant under premises liability law and for negligence. The plaintiff contended that the defendant failed to de-energize the power lines before the plaintiff’s company came on-site to do the installation work. Furthermore, the plaintiff alleged that the defendant knowingly permitted the plaintiff and other co-workers to work within ten feet of the power source in direct violation of OSHA regulations. The plaintiff contended that he had personally requested that the defendant re-route truck traffic where they worked, but that the defendant had refused to do so, creating an additional hazard.

The defendant maintained that the danger of the energized power line was open and obvious and contended that it was not in control of the work. The defendant instituted a third-party action against the plaintiff’s employer, Midwest Fence Corporation, for contribution and indemnification pursuant to its contract for the work being performed. The defendant also maintained that the plaintiff was contributorily negligent for his own injuries.

The third-party defendant Midwest denied the allegations in the third-party complaint, alleging that its workers were well trained. However, it admitted that its own workers did place the crane precariously close to the power line.

The evidence indicated that the defendant’s safety director reviewed a sketch of the job site, but failed to consider that the security gate was being installed in such close proximity to the overhead power line.

The plaintiff incurred $________ in past medical expenses. He claimed $________ in past and future lost income and maintained that he was unable to work in the future. His wife alleged a loss of consortium claim.

The matter was resolved for the sum of $________. This is reported by plaintiff’s counsel to be the largest settlement for a burn case involving a plaintiff over the age of 50 in Cook County.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.