Trial Magazine

Verdicts and Settlements: Workplace Safety

You must be an AAJ member to access this content.

If you are an active AAJ member or have a Trial Magazine subscription, simply login to view this content.
Not an AAJ member? Join today!

Join AAJ

Project managers order created safety hazards that injured worker

February 2017

Brian DelaTorre, a certified elevator mechanic, and a coworker were installing two elevators in a commercial building under construction. At the same time, bricklayers began moving their work to the front of the building, which was the elevator mechanics’ only access to the work space. DJW Ridgeway Building Consultants, Inc., the project manager for the general contractor, ordered the elevator mechanics to stop work and transport all of their materials through the front of the building, where the bricklayers were operating a forklift.

Later that day, DelaTorre was carrying a 20-foot-long, 100-pound hydraulic pipe on his shoulder while watching out for the driver who was helping him unload equipment from the delivery truck; his fellow mechanic, who was also hauling equipment; and the forklift and the ruts it was making in the ground. While trying to navigate the multiple obstacles, he inadvertently stepped into the upward edge of one of the ruts, severely twisting his left knee.

DelaTorre, 34, was diagnosed with a torn left meniscus. Despite surgery, the injury led to permanent complex regional pain syndrome. As a result, he suffers from chronic shooting and burning pain, swelling, and temperature changes in his left leg. Several forms of pain treatment—including spinal injections, a catheter inserted around his spine, and an electrical stimulator—were unsuccessful. He finally achieved some reduction in pain through the use of a pump implanted in his abdomen, which releases pain medication into his spine throughout the day.

His past medical expenses totaled more than $400,000, and his future medical expenses are estimated at about $818,000. He is unable to stand or walk for long periods, and he has been unable to return to work. His future lost earnings­ and benefits are estimated at more than $1 million.

DelaTorre sued DJW Ridgeway, alleging that the project manager was negligent in ordering the plaintiff and his coworker to transport their materials through the front of the building while the bricklayers were working there. The plaintiff asserted that the order created a dangerous and confusing situation in which he was forced to contend with multiple hazards at the same time, dividing his attention and causing him to step into the rut.

The defendant moved for summary judgment, arguing that the ruts were an open and obvious condition. The trial court granted the motion, but an appellate court reversed, recognizing that DelaTorre’s attention was divided by the multiple safety hazards and noting that he was forced to continue working in those conditions for fear of losing his job.

DJW Ridgeway impleaded the ­plaintiff’s employer as a third-party ­defendant, arguing that the employer was responsible for the plaintiff’s safety at the construction site.

The parties settled for about $2.54 million. DJW Ridgeway’s insurer paid $2.32 million, and DelaTorre’s employer paid $225,000. The workers’ compensation carrier agreed to waive an $840,000 lien and fund the plaintiff’s future medical expenses. The total value of the settlement exceeds $4 million.

Citation: DelaTorre v. DJW Ridgeway Bldg. Consultants, Inc., No. 10 L 487 (Ill. Cir. Ct. Cook Cnty. Sept. 2, 2016).

Plaintiff counsel: AAJ member Stephan D. Blandin, Sean C. Burke, and Michael Rathsack, all of Chicago.