A Chicago real estate developer, Perry Casalino, hired Ramon Gavina as a laborer to install wallpaper inside the entrance of a building at 1513 N. Western Ave. in Chicago. Gavia maintained that Casalino purchased materials and tools, instructed him as to how to perform the work and told him to climb up on a scaffold to hang the wallpaper.
When Gavina climbed on top of the scaffolding on Jan. 14, 2009, it collapsed. He fell to the ground and sustained a tibial plateau fracture in his knee. The injury will require surgery as recommended by his orthopedic surgeon.
Gavina sued Casalino and his company. Casalino and, on behalf of his development company, denied that he was present at the time of the incident, denied that he owned the scaffolding and denied knowing the owner of the scaffold.
This case was tried before a jury in Cook County’s Fifth Municipal District. The attorney for Gavina, Michael A. Carin, made a demand before trial of $100,000. The jury was asked to return a verdict in favor of Gavina of $162,547.
The only offers to settle the case were made by the insurance companies for Casalino and TAV Development Inc., each of which was $5,000. The total of $10,000 in offers was rejected by Gavina. The jury’s verdict of $128,168 was reduced by 18% accounting for the comparative negligence the jury assigned to Gavina.
The jury’s verdict included these damages:
- $61,500 for loss of normal life;
- $56,379 for pain and suffering; and
- $10,288 for past medical expenses.
The jury found that the development company, TAV Development Inc., was not responsible for Gavina’s injuries and entered a verdict of “not guilty” for it.
The plaintiff, Gavina, presented medical testimony from the orthopedic surgeon who treated him.
Ramon Gavina v. 1513 N. Western Ave., LLC, Perry Casalino, TAV Development Inc., No. 11 M5-1317 (Cook County, Ill.).
Kreisman Law Offices has been handling work site injury cases, construction work injuries, motorcycle accidents, truck accidents, car accident cases and wrongful death cases for individuals and families who have been injured or killed by the negligence of another for more than 40 years, in and around Chicago, Cook County and its surrounding areas, including Robbins, Harvey, Calumet City, Blue Island, Chicago Heights, Forest Park, Oak Park, Oak Lawn, Burr Ridge, Wheaton, Western Springs, Park Ridge, Round Lake, Lincolnshire, Gurnee, Lansing, Hanover Park, Prospect Heights, Chicago (Edison Park, Edgewater, Belmont Cragin, Bucktown, Back of the Yards, Pulaski Park, Printer’s Row, Mayfair, McKinley Park, Morgan Park, Lincoln Square, Little Italy, Wrigleyville), St. Charles and Aurora, Ill.
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