Trial Magazine

During the construction of a four-story building, Jeff Thulin, 46, was working on the fourth floor connecting joists to steel beams. While walking on an open steel beam, he slipped and fell 14 feet and landed on the concrete floor below. He suffered two fractured wrists and a ruptured spleen, necessitating multiple surgeries. His medical expenses totaled approximately $200,000. As a result of his injuries, Thulin now suffers from arthritis and pain. An ironworker who had been earning $72,000 annually, he has not returned to work.

Thulin sued Dynacom Consulting Inc., the general contractor; Imed Campus Inc., the owner of the building; and Kingery Steel Fabricators Inc., which hired Thulin’s employer to erect steel at the site. Suit claimed that the defendants negligently failed to provide fall protection, such as a scissor lift.

The defense argued that OSHA regulations do not require fall protection for heights under 15 feet.

The parties settled for $2.1 million.

Citation: Thulin v. Dynacom Consulting Inc., No. 15-L-377 (Ill. Cir. Ct. Cook Cnty. Dec. 2018).

Plaintiff counsel: AAJ members Steven A. Berman and Brian Teven, both of Chicago.

Plaintiff expert: Frank Burg, OSHA and safety, Woodstock, Ill.

Defense experts: James Stanley, safety, Franklin, Tenn.; Gary Skoog, economics, Glenview, Ill.; Jeffrey Hardison, safety, Rockford, Ill.; and James Radke, vocational rehabilitation, Northbrook, Ill.