Trial Magazine

Robert Montagano, 52, worked as a truck driver. After picking up a load of 32-foot-long carbon steel tubing bundles from Metal-Matic, Inc., he delivered them to Leading Edge Hydraulics. A crane operator at Leading Edge instructed Montagano to help unload the bundles by climbing on top of the flatbed trailer and rigging the bundles to the crane. As he did so, a full bundle of tubing rolled off the trailer, knocking Montagano to the ground. The 3,400-pound bundle landed on top of Montagano, who remained pinned until workers removed the tubing using a crane.

Montagano suffered catastrophic injuries, which resulted in bilateral above-the-knee amputations after numerous medi­cal procedures and surgeries. He con­tinues to require therapy and ­rehabilitation. His medical expenses totaled $2.31 million, and he anticipates more than $10 million in future expenses.

Montagano and his wife later sued Metal-Matic, alleging that its employee failed to properly load the steel tubing onto the truck, secure the tubing, and ensure that the stacks were safe for transport. The plaintiffs also sued Leading Edge Group, Inc., alleging failure to establish proper safety programs, failure to require its crane operator to perform a job safety analysis, improper training, and failure to conduct regular safety inspections.

The jury awarded the plaintiffs more than $95.48 million, finding Montagano 10 percent at fault.

Citation: Montagano v. Leading Edge Group, Inc., No. 2014 L 008096 (Ill. Cir. Ct. Cook Cnty. Nov. 2, 2017).

Plaintiff counsel: AAJ members Joseph A. Power Jr. and James I. Power, both of Chicago.