John Doe v. Undisclosed Defendant

Plaintiff, a Chicago area construction worker, was severely injured when he fell from a scaffold that he claimed did not have adequate fall protection, sued on a negligence theory to recover for the injuries and damages sustained by him. He claimed that he was injured as a result of inadequate fall protection, namely the absence of a proper mid-rail, which failed to stop the worker’s fall from a scaffold when he tripped, resulting in his fractured hip and low back herniated disc. The worker had multiple surgeries and is unable to return to work in his previous capacity as a laborer for bricklayers. <br><br>Plaintiff fell 22 feet to the ground when the scaffold planks he stepped on collapsed. He suffered a torn meniscus in his knee that was treated successfully with surgery. The defendant argued all current health problems which involved the knee, neck and back were a result of arthritis that existed prior to the fall. <br><br>Defendant argued all current health problems which involved the knee, neck and back were a result of arthritis that existed prior to the fall. It also claimed that Plaintiff was partially at fault.

Plaintiff's verdict for $9.5 million (reduced by 1/3rd for plaintiffs’ comparative negligence to $6.35 million).

Editor's note: Plaintiff's demand before trial was $300,000.