A Chicago real estate developer, Perry Casalino, hired Ramon Gavina as a laborer to install wallpaper inside the entrance of a building at 1513 N. Western Ave. in Chicago. Gavia maintained that Casalino purchased materials and tools, instructed him as to how to perform the work and told him to…
Articles Posted in Work Injury
Cook County Jury Finds for Contractors in Fall Blamed for Worker’s Ankle Injury
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.…
Illinois Appellate Court Rules Employer May Waive Workers’ Compensation Lien
Anthony Cozzone was employed by Fellows Roofing when he was killed in a work accident. The Cozzone estate filed a lawsuit against a third party who settled with the Cozzone family for $745,000. The attorney representing the family received attorney fees of 33% or $248,333. In the meantime, a jury…
$824,000 Jury Verdict for Injured Worker’s Deadly Exposure to Benzene
A Pennsylvania jury found that benzene is a defective product whose exposure contributed to the development of cancer of the blood and bone marrow, otherwise known as acute myelogenous leukemia (AML). In the years 1973 to 2006, the plaintiff, Louis DeSorbo, worked with printing solvents and inks that contained benzene.…
$320,000 Federal Jury Verdict Awarded for Worker’s Fall Injury in Coal Mine
On May 12, 2011, the plaintiff, John Barrow IV, age 58, was a coal mine forklift operator. Barrow walked into a coal mine near Equality, Ill., when a hydraulic hose on the ground caused him to fall and land on his back. The defendant in this case, Temper Fabricators, a fabrication…
U.S. District Court Jury Finds Trucker 100% at Fault for His Own Traumatic Brain Injury
On Dec. 16, 2009, Terry Smith was employed by Sycamore Specialized Carriers. He drove his tractor-trailer to the defendant Casini Warehousing Corp.’s warehouse in Bensenville, Ill. Casini’s personnel used an overhead crane to load an injection molding machine onto Smith’s step-deck trailer. After the injection molding machine was loaded onto the…
$3.3 Million Settlement for Construction Worker Injured by Backing Truck
Harry DeSchene, a 53-year-old worker for Pavement Recycling, was seriously injured on a jobsite. He was walking behind a water truck to take a work-related phone call when a truck driver of Emmett’s Excavation backed his truck into him. He was run over at his midsection. He suffered a pelvic…
Illinois Appellate Court Affirms Decision Dismissing Case Where It Was Found That There Was No Business Relationship Between the Injured Plaintiff and the Defendant
On March 22, 2013, James McGinley, a delivery driver at the House of Blues in Chicago, was using a freight elevator to deliver heavy boxes of liquor to that location. However, when he was using the elevator, a descending door struck him and injured him. He filed a lawsuit against…
Illinois Appellate Court Affirms Cook County Summary Judgment Order that Insurer Must Defend Toxic-Tort Complaints Even When the Dates of Exposure or Injury Were Vague or Unknown
Illinois Tool Works purchased commercial liability policies many years ago from Travelers Casualty Surety Co. and Century Indemnity Co. They were purchased by Illinois Tool Works for the years 1971 through 1987.The policies were designed to have the insurance companies defend Illinois Tool Works against toxic-tort injury complaints that did…
Seventh Circuit Affirms Denial of Employee’s ERISA Benefits Because of a Breach of Fiduciary Duty
James Brooks was severely injured in a work accident in which he lost his left hand, wrist and forearm. Brooks was an assembly-line operator for Prairie Packaging Inc. The on-the-job incident resulted in the filing of a worker’s compensation claim in 1999, the year of this accident. In addition, Brooks sought recovery…