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AccessPlus® Jury Verdict Case Details
Publication Date: 8/16/2007

(YY 44/1) WORK INJURY--JOURNEYMAN MASON TUMBLES TEN FEET AT CONSTRUCTION SITE(6)
John Byrne v Mirco Builders Inc. v Fabbri Masonry Inc. 03L-587 Tried May 16-Jun. 1, 2007

VERDICT: $1,940,209 ($160,547 past medical expenses; $100,000 present cash value of future medical expenses; $250,000 past disability; $400,000 future disability; $500,000 past pain & suffering; $375,000 future pain & suffering; $100,000 disfigurement; $54,662 past lost earnings). Jury apportioned liability 97% v Mirco Builders, 3% v 3rd party deft/employer Fabbri Masonry. Special Interrogatories: Was the conduct of Fabbri Masonry the sole proximate cause of the accident? "No." Was Fabbri Masonry in control of the work being performed by John Byrne on Dec. 11, 2002? "Yes."

JUDGE: James P. McCarthy (IL Cook-Law)

PLTF ATTYS: Jamie M. Trapp and Douglas C. Dorn of Jamie M. Trapp & Associates for Byrne DEMAND: $1,400,000 ASKED: $2,800,000 - $3,000,000

DEFT ATTYS: Robert A. Shipley of Shipley Law Group for Mirco Builders Inc. (Country Companies) OFFER: $450,000; Dean Barakat of Nyhan, Bambrick, Kinzie & Lowry for Fabbri Masonry Inc. (SELF-INSURED)

PLTF MEDL: Dr. Andrew Berman (Ophthalmologist) for Byrne

DEFT MEDL: Dr. Howard Freedberg (Orthopedist) for Mirco Builders Inc.

PLTF EXPERTS: Kenneth J. Yotz (Safety) and Dr. Charles Vygantas (Ophthalmologist) for Byrne

DEFT EXPERTS: Eugene Holland (Safety) and Dr. William Meltzer (Orthopedist) for Mirco Builders Inc.

FACTS: Dec. 11, 2002, pltf M-55 journeyman mason was working for Fabbri Masonry Inc. during the construction of the McGrath Acura car dealership on Waukegan Road in Morton Grove. Fabbri Masonry was a subcontractor and deft Mirco Builders Inc. was the general contractor for the job. While building a masonry wall, pltf fell through a hole in the concrete deck which was to be the main floor of the building. The hole, which was for a planned stairwell, had styrofoam and plastic sheeting placed over it by the general contractor so workers could heat the basement of the structure. Pltf fell ten feet to the basement below, sustaining a torn rotator cuff, torn medial meniscus in his right knee, and aggravation of arthritis in his elbow with bone spurs. He required four arthroscopic surgeries, including two on the elbow, and also suffered an operative complication of optic neuropathy, which mildly affected the vision in his left eye; he returned to work seven months after the accident. Treater Dr. Freedberg testified pltf would need future knee replacement and elbow replacement surgeries ($160,547 past medl., $54,662 LT 7 months). Pltf contended deft Mirco violated OSHA regulations by failing to barricade and/or cover the hole. Defense for Mirco argued that the precast concrete deck for the main floor was a controlled access zone restricted to the concrete contractor, and it was off limits to pltf and his employer. Mirco further claimed it was not in control of Fabbri's work, Fabbri violated Mirco's orders not to be on the deck or work on the wall in the area where the hole was located, and Fabbri's own laborer partially covered the hole so therefore Fabbri knew of its existence. Defense for 3rd party deft Fabbri asserted they were never informed the deck was off limits, they were told to work on that wall and were not restricted, and Mirco's superintendent had seen Fabbri employees and other subcontractors working on the deck. Fabbri further maintained they put down their own boards and planking to support their block and mortar, not to cover the hole. The jury deliberated for almost a full day.

 

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