Articles Posted in Premises Accidents

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Oberlin Garcia, 50, worked as a commercial truck driver. He arrived at a chemical plant owned and operated by BASF Corp. On arrival, he checked in with a BASF staff member and was instructed to prepare his tanker for the unloading of a hazardous chemical for delivery.

Garcia was told that BASF policy required a truck driver unloading chemicals from a tanker to climb to the top of the tanker in the facility’s parking lot and open the tanker’s crash-box lid without fall protection equipment.

Garcia climbed to the top of the tanker as instructed using an access ladder.  As he got to the top of the ladder, he reached toward the crash-box lid while holding onto an extension of the ladder. His right foot slipped and he fell more than ten feet to the concrete pavement below.

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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.

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Alice McKee, 62, worked as a pharmaceutical delivery person. She went to the Wesley Manor Nursing Home campus to make a midnight delivery of medicine. She was unable to enter the building. After she called the nurse’s station and did not receive an answer, McKee walked over the building’s side lawn, attempting to reach a window within sight of the nurse’s station.

McKee climbed over some landscaping and unknowingly stepped into a window well, falling six feet into a cement pit.

She suffered a fractured femur, which has left her with a limp. She is unable to stand or sit for any length of time.

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David Ford’s wife and son (the plaintiffs) filed a wrongful death lawsuit against Ford Motor Co. after David Ford died as a result of injuries he suffered while working as a contractor at Ford Motor’s Kansas City, Mo., assembly plant.  He was delivering vehicle seats to the plant when he was crushed between a stationary guard rail and a moving piece of machinery.

The Ford family alleged that Ford Motor was negligent for choosing not to remove a barricade with a dangerous pinch point, or to effectively warn visitors of its existence.

After an 8-day jury trial in the Circuit Court of Clay County, Mo., the jury found Ford Motor to have 95% comparative fault for Ford’s injuries and death. The jury signed a verdict in favor of the Ford family, the plaintiffs, in the amount of $38 million in compensatory damages. In addition, the jury awarded the plaintiffs an additional $38 million in aggravating circumstances damages, amounting to punitive damages.

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Under the discovery rule, does the statute of limitations clock start when the harm is discovered? Or is it when the plaintiff discovers that the harm was “wrongfully caused?” The Illinois Appellate Court, First District, held that the statute of limitations clock starts when the harm is discovered.

During a storm in Chicago with strong winds, a portion of the roof of an auto sales and service business flew off and struck nearby power lines. The plaintiff in this case alleged that the resulting electric surge damaged computers used in a sophisticated metal manufacturing operation.

Years later, M&S Industrial Co. discovered that its neighbor’s roof had been defectively installed, which violated building codes. The company filed a lawsuit. The defendant moved to dismiss the case given that the four-year statute of limitations applicable to claims of construction negligence had expired.

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Skylar Dimick was injured when he fell into a septic tank on the property owned by the defendant Scott Hopkinson. Dimick and his wife filed a negligence lawsuit against Hopkinson and his businesses, family trust and his wife, Chris Hopkinson.

In addition to the negligence count, the Dimick lawsuit also sought punitive damages for the defendants’ alleged willful and wanton misconduct.

The district court in this case granted summary judgment to all of the defendants concluding that: (1) Hopkinson and his businesses were protected by a valid release of liability that was signed by Dimick; (2) Hopkinson committed no willful and wanton act; (3) Chris Hopkinson (Scott’s wife) was neither a proximate cause of Dimick’s injuries nor was she engaged in a joint venture with Scott; and (4) the family trust of the Hopkinson did not exist.

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The plaintiff, Maria Papadakis, was injured when she slipped and fell on an unsecured piece of equipment while exercising at the defendant health club under the supervision of the personal trainer. The court was found to have erred in dismissing counts alleging willful and wanton acts by the personal trainer; it was sufficiently pleaded in the complaint of respondeat superior liability for willful and wanton conduct and negligence of the personal trainer.

Papadakis sued the health club, its corporate affiliate and the personal trainer, Chad Drake, for negligence and willful and wanton conduct. She also sued the Fitness 19 Defendants under a theory of respondeat superior for the conduct of their employee, Drake.

The trial court dismissed the direct claims of willful and wanton conduct against the Fitness 19 Defendants but left intact the willful-and-wanton allegations against the personal trainer, Drake. That was the ruling that was challenged in this appeal.

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In 2012, Justin Dominguez, 15, was playing with friends in a neighbor’s yard. The neighbor’s house was located next to a vacant spot that contained bamboo stalks under a 13,000-volt, uninsulated power line.

Justin climbed up the bamboo stalks, which contacted the power line. He received a severe electric shock and was hospitalized. He unfortunately remained in a coma until he died approximately two weeks later. He was survived by his mother.

Justin’s mother, on behalf of his estate, sued Florida Power & Light Co., alleging it negligently chose not to remove the bamboo despite a 2008 work order and written report to the defendants’ lead arborist identifying the location as a critical removal site. The Dominguez family asserted that Florida Power & Light had a duty to clear its line of vegetation, especially bamboo, which is highly conductive and fast-growing.

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Steven Frosch was working for the New York City Department of Sanitation operating a street sweeper. He was at the city department garage greasing the brushes on one of the street sweepers when his coworker, Antonio DiCaro, stopped another street sweeper next to him. As DiCaro was waiting, he reached down to unplug his Bluetooth radio. DiCaro’s vehicle then lurched forward, crushing Frosch between the two sweepers.

Frosch suffered multiple internal crush injuries, including a severed spinal cord, ruptured diaphragm and spleen and kidney damage. Tragically, he was pronounced dead at the scene within just ten minutes. He was 43 years old. Frosch was survived by his wife and four minor children.

Colombina Frosch, his wife, individually and on behalf of her husband’s estate, sued DiCaro and the City of New York alleging that DiCaro was negligent in choosing not to put his vehicle in park before reaching for his Bluetooth radio.

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Teresa Mroczko was employed by A & R Janitorial to do custodial work.  On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved during the renovation of the building, fell on her and she was injured.

Pepper Construction Co. had been hired to renovate the building and had subcontracted for replacing the carpets to another defendant in this case, Perez & Associates. Perez had moved the desk in the course of replacing the carpets.

Mroczko filed a workers’ compensation claim against A & R Janitorial, her employer and was granted relief, although the claim is currently being reviewed on appeal.

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