A 53-year-old construction worker was riding down a hotel elevator when it malfunctioned. The elevator dropped more than two floors and came to a hard stop as the emergency brake engaged. The worker was wearing a work belt with heavy carpenter tools on it. He was thrown into a metal instrument panel. The worker suffered herniated disks at C4-5 and L5-S1 and a left shoulder labrum tear that required surgery.
The construction worker continued to suffer pain and limited range of motion in his neck, back and shoulder. His medical bills total $236,000.
As a master carpenter, the worker was not able to return to the same level of carpentry that he did in the past. He now does part-time carpentry work.
A lawsuit was filed against Schindler Corporation, which was the company hired to do maintenance on the elevator. The complaint alleged that Schindler chose not to inspect and maintain the elevator in a safe condition.
Before the trial, Schindler agreed that it was liable for negligence but contended that the worker was not injured to the level he claimed. A surveillance video was presented to the jury showing the worker walking gingerly but performing chores.
The jury’s verdict of $3.98 million was entered in favor of the plaintiff. The defendant’s post trial motions were denied, and Schindler has appealed the jury’s verdict to the appellate court.
R.T. v. Schindler Corp., et al.
Kreisman Law Offices has been handling injury cases for individuals and families for more than 36 years in and around Chicago, Cook County and its surrounding areas, including Naperville, Wheaton, Elk Grove Village, Riverside, Homewood, Blue Island, Worth, Chicago (Lincoln Park), Orland Park and Hillside, Illinois.
Related blog posts:
U.S. Appeals Court Finds for Railroad Worker Injured at Jobsite; Lynch v. N.E. Regional Commuter R.R. Corp.
Illinois Supreme Court Holds That Contractor Had No Duty to Preserve Evidence of Damaged I-Beam; Martin v. Keeley & Sons, Inc.
Illinois Appellate Court Approves Relation-Back Doctrine in Workers’ Compensation Claim; Modern Drop Forge v. Workers’ Compensation Commission