Keith Zabielski, 51, was working for a subcontractor on a retaining wall project at a private home. Martin Russell, owner of the general contractor Just Right Construction, was operating a backhoe to transport a 1,000-pound concrete block.
As the block moved, it slid out of its supportive strap and hit Zabielski’s right knee.
Zabielski required arthroscopic surgery and physical therapy. He is expected to require a total knee replacement procedure. Currently he has difficulty walking and experiences pain and mobility issues with his left knee and back.
Zabielski sued Russell and Just Right Construction, alleging that they chose not to properly secure the concrete block with a dual strap fastened to both ends. In addition, Zabielski asserted that Russell negligently operated the backhoe.
The lawsuit also maintained that the homeowners were liable for the incident.
The defendants argued that Zabielski had not been hit by the concrete block at all and if he had been, his injuries would have been much more severe.
Zabielski settled with the homeowners for a confidential amount. He settled with Russell and Just Right Construction for $725,000.
The attorneys handling this case for Zabielski were Jordan Schlossberg, David L. Woloshin, Dina S. Ronsayro and Theresa Perri.
Before trial, the Zabielski attorneys engaged experts in life care planning, orthopedics, economics, physical medicine, vocational assessment and construction.
The defendants hired experts in economics, vocational assessment, biomedical engineering, orthopedics and life care planning.
Zabielski v. Russell, No. 180701447 (Pa. Ct. Com. Pl. Phila County).
Kreisman Law Offices has been handling construction injury lawsuits, forklift injury cases, truck accident lawsuits, bicycle accident cases and automobile 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 Melrose Park, Bensenville, Elk Grove Village, Arlington Heights, Schaumburg, Schiller Park, Streamwood, Hanover Park, Willowbrook, Oak Forest, Crestwood, Chicago Ridge, Oak Lawn, Hinsdale, Downers Grove, Chicago (Brighton Park, Hyde Park, Wrigleyville, Lincoln Park, Logan Square, Near West Side, West Loop, East Garfield Park, Portage Park, Albany Park, West Ridge, Edgewater, Lakeview, River West, Near North Side, Old Town Triangle, Wicker Park, Humboldt Park), Oak Park, Addison, Oakbrook Terrace, LaGrange and Summit, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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