LINEMAN BREAKS ANKLE IN TEN FOOT FALL FROM LADDER
Publication: Cook County Jury Verdict Reporter Published: 11/26/2004
Randy Hudson v TC of Illinois Inc., Tel of Illinois Inc., subsidiary of AT&T Broadband Network Solutions Inc., Signal Images Telecommunications Inc. 01L-6336
Tried Sep. 28-Oct. 7,2004
Verdict: $552,000 after 31% off $800,000: v all defts ($100,000 past and future pain & suffering; $200,000 past and future disability; $50,000 disfigurement; $200,000 past and future medical expenses; $250,000 past and future Ln. Jury apportioned liability 1% v Te of Illinois, 34% v AT&T, and 34% v Signal.
Judge: Carol Pearce McCarthy (IL Cook-Law)
Pltf Atty(s): Dean Caras of Dean Caras & Associates DEMAND: $1,000,000 policy ASKED: $2,300,000
Deft Atty(s): William B. Spiro of William B. Spiro LLC for TC of Illinois Inc. (Uninsured) OFFER: none; Joseph M. Eichberger and Nicholas G. Kourvetaris of O’Hagan, Smith & Amundsen for AT&T Broadband Network Solutions Inc. (Ohio Casualty) OFFER: ABNSI $150,000; Nicholas G. Kourvetaris of O’Hagan, Smith & Amundsen for Signal Images Telecommunications Inc. (Ohio Casualty)
Pltf Medl: Pt. Chadwick Prodromos (Orthopedist)
Pltf Expert(s): Dennis Puchalski (Safety)
Deft Expert(s): Dr. Steven I. Rabin (Orthopedist) and Scott J. Sebastian (Construction) for AT&T Broadband Network Solutions Inc.; Dr. Steven I.Rabin (Orthopedist) and Scott J. Sebastian (Construction) for Signal Telecommunications Inc.
Nov. 1, 1999, pltf lineman was performing an upgrade on an overhead cable line in Skokie when he fell ten feet from his ladder. He claimed the ladder had worn or missing safety feet which caused ladder movement and his fall. Pltf M-34 suffered open fracture of left tibia and fibula just above the ankle and fracture of plafond bone in ankle, requiring surgery; the fractures failed to heal for one year causing a second spontaneous fracture of the old fracture site, resulting in additional surgery and eventual healing with 8 degree angulation ($83,000 past medl.,$924,000 past and future LT for 31 years). PItf was a subcontractor for TC of Illinois, which subcontracted for Signal Images which in turn subcontracted for AT&T Broadband. Defense contended ladder was in good condition (which was shown to jury) and defts had no duty to supervise a subcontractor. Defense also asserted that pltf continued to smoke cigarettes after his first surgery despite his doctor’s advice to quit because smoking slows and can prevent healing; an independent witness testified that pltf continued to smoke in the witness’ presence for months after he had told his doctor that he had quit.