Pedro Flores, a 34-year-old laborer, was on a construction crew that was building a sensor median along several streets. While he was bent over fixing a plastic lane divider, the driver of a parked cement truck pulled forward several feet, hitting Flores. He suffered a labral tear to his hip, which required several surgeries.
Flores also suffered post-concussion syndrome, which had led to migraines and PTSD.
His medical expense totaled $204,000. His back and hip pain have prevented him from returning to his former job. He was earning $28 per hour at the time of this incident.
Flores sued the truck driver and the driver’s employer, maintaining that the driver negligently chose not to perform a walk-around before moving the cement truck forward.
The defendants disputed Flores’s damages and argued that he placed himself in harm’s way by getting in front of a running cement truck. The defendants also argued that a subcontractor was at fault for failing to supply a signaler at the job. Before trial, the parties settled for $2.05 million.
The attorneys successfully handling this case for Flores were Elinor Leary and Clifton Smoot.
The experts for the plaintiff were in the fields of construction safety, trucking, orthopedic surgery, vocational rehabilitation, forensic economics and life care planning.
The defendants’ experts were in the fields of construction safety, trucking, human factors, psychology and neurology.
Flores v. Granite Rock Co., No. 18CV333504 (Cal. Super. Ct. Santa Clara County).
Kreisman Law Offices has been handling construction accident lawsuits, truck accident cases, work injury lawsuits, catastrophic injury lawsuits and bicycle accident cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Homer Glen, St. Charles, Bolingbrook, Lockport, Woodridge, Lake Zurich, Bedford Park, Schiller Park, Schaumburg, Hoffman Estates, Barrington, Deerfield, Olympia Fields, Lincolnshire, Lincolnwood, Maywood, Chicago (West Loop, Logan Square, Gage Park, South Side, Chatham, Wrigleyville, Near South Side, Pilsen, Near West Side, Greektown, Douglas Park, East Village, Ukrainian Village, East Garfield Park), Oak Park, Forest Park, Berwyn, Cicero, Calumet City, Lyons, Forestview, Stickney, Highland Park, Winnetka and Wilmette, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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