Robert Kinstner was a forklift and machine operator employed by a masonry subcontractor working at the construction site for a new police station at 3600 N. Halsted St. in Chicago. The defendant in this case was Harbour Contractors Inc., which was the general contractor for the construction of this building. On Feb. 9, 2010, Kinstner, 42, slipped and fell on a deep rut that was covered with ice and snow. Kinstner suffered a broken ankle with disruption of the syndesmosis joint, requiring open reduction internal fixation followed by arthroscopic surgery eight months later.
He claimed that he developed complex regional pain syndrome shortly after his injury, which prevented him from working in any capacity since the date of this occurrence. He stated that because of the injury he was unable to stand and walk for any length of time. Kinstner asserted that he lost earnings and benefits of between $751,000 and nearly $2 million. He also made a claim for more than $3 million in future loss of earnings and benefits.
Kinstner maintained that the unsafe and uneven ground conditions at the work site had existed for several weeks before his injury. He claimed that the area was a means of access for machinery and equipment but it had not been properly stoned or leveled for workers’ safety by the general contractor. Photographs of the scene taken shortly after the incident showed the presence of the ruts and uneven ground.