Howard Trafman Obtains Favorable Verdict in Cook County Construction Negligence/Premises Liability Case Following a Thirty-Day Trial

Howard Trafman obtained a very favorable verdict of $800,000.00 in favor of the defendant company following a thirty-day trial in Cook Co. in a construction negligence/premises liability case involving serious injuries to a contractor working on the roof at the defendant company’s facility/plant. Plaintiff fell 15-20 feet through a deteriorating section of the roof and landed in a pile of slag at the foundry. He sustained a shattered tibial plateau, knee replacement, fractured calcaneus (heel), fractured wrist, fractured jaw, multiple broken ribs, collapsed lung, skull fracture, concussion, and memory problems. Plaintiff claimed $170,226.00 in past medical bills, $319,779.00 in future medical bills, past wage loss of $149,450.00, and future wage loss of $373,011.00.The defense argued no duty was owed to Plaintiff under Section 414 or 343 of the Restatement of Torts, and no duty was breached. The defense further argued Plaintiff was contributorily negligent and knew of the condition of the roof. Plaintiff had demanded $3,000,000.00 to settle and asked the jury to award $6,412,466.00.An offer of $650,000.00 was made prior to trial. The jury found Plaintiff to be 50% at fault for the accident. The parties had entered into a high/low agreement of $500,000.00-$3,000,000.00 just prior to jury deliberations. Brant v. Allied Metal Co., Inc. November 2002.