Trial counsel James J. Morici, Jr. obtained a jury verdict for a 29-year-old millwright. The plaintiff stepped off of a sloped settling tank wall onto concrete debris created by the activities of another subcontractor on Defendant, Walsh Construction Company of Illinois'(general contractor), construction site. Evidence showed frequent complaints by Plaintiff's employer, F.K. Ketler, to Walsh hierarchy of poor housekeeping on site and especially that of co-subcontractor II in One Contractors relative to the concrete debris they left behind. Owner, Metropolitan Sanitary District, also included notices of generally poor housekeeping on site in memos to Walsh project management.
The Defense contended that the area was cleaned approximately 10 days before Plaintiff's injury by their subcontractor, that they had no knowledge of any debris in the Plaintiff's work area, and that minimal additional concrete construction work in the 10 days prior to Plaintiff's injury could not have created the piece of debris. In addition, the defense contended that the Plaintiff was contributorily negligent and responsible for his own injury.
Plaintiff was initially diagnosed with a sprained ankle, but an x-ray taken the morning of the incident showed a fracture to the osteochondrial surface of the talus. This fracture was not appreciated or acted upon by the Plaintiff's initial work clinic treating physicians. Plaintiff was released to work several weeks later after a regimine of anti-inflamatories because he felt somewhat better and was told that his residual pain would go away with time. Plaintiff continued to work through the fall and winter until continuing pain caused him to seek treatment from Dr. Philip Ludkowski, an orthopaedic surgeon located in Arlington Heights. Repeat x-rays and a review of an x-ray report from the date of Plaintiff's injury demonstrated the osteochondrial fracture for which Dr. Ludkowski performed arthroscopic surgery. The jury was shown an intra-operative video tape of Plaintiff's surgery taken through the arthroscope which showed a large flap of torn articular cartilage being removed. Despite efforts at rehabilitation, the Plaintiff was unable to return to his prior trade as a journeyman millwright (earning approximately $35.00 per hour) and since has obtained a real estate salesman's license and is presently engaged as a real estate sales agent.
This verdict for trial attorney James J. Morici, Jr. was one of a long line he has received in the representation of injured construction workers. If we at Morici, Figlioli & Associates can be of help to you, your friends, family or co-workers in the area of our concentration, workers compensation and Plaintiff's personal injury, please contact us. The firm's practice is concentrated in the representation of injured construction workers but also includes a wide range of personal injury accidents including workplace injures, workers compensation, premises liability incidents, construction site injuries, products liability matters, and injuries caused as a result of automobile or other motor vehicle collisions.