Kate Crouch Wins Motion to Dismiss

Feb 10, 2021 Construction Injury
Kate Crouch recently won a motion to dismiss our client from a significant construction case pending in Cook County involving a career-ending injury to a union carpenter.  The construction site in question was strewn with pieces of old precast that had been buried when the prior structure was built, and […]

Kate Crouch recently won a motion to dismiss our client from a significant construction case pending in Cook County involving a career-ending injury to a union carpenter.  The construction site in question was strewn with pieces of old precast that had been buried when the prior structure was built, and Plaintiff, while using one of the pieces as a step, was injured when the “step” collapsed.   Our client, the geotechnical testing company, allegedly failed to warn the general contractor of the presence of the precast pieces.  Kate argued that our client had no duty to report the complained-of condition based on the contractual language and the type of work that our client was retained to perform.  The Court found that our client did not cause or contribute to the presence of the precast in any way, granting an early dismissal.  With $330,000 in medical bills, a loss of trade, and several million dollars in past and future lost wages, our client was able to side-step a long, arduous litigation process at its outset.