Attorneys Sara M. Davis and Timothy M. Whiting secured a seven-figure settlement for a day laborer with the Laborers’ International Union of North America who was severely injured in a construction accident that occurred in 2008.
A member of Local 25, Lloyd Henry was working as a laborer on a construction site in Chicago when he stepped in a manhole that was improperly covered. The manhole cover did not meet OSHA standards – standards that help ensure that construction sites are as safe as possible for workers. As a result of his fall, Mr. Henry suffered an exceedingly painful and career ending back injury. He sustained an annulus tear at L4-L5 (in the spine), which required a fusion surgery. His medical treatment subsequently included a second surgery a year later to remove painful medical hardware that had been previously embedded in Mr. Henry’s spine.
With Ms. Davis and Mr. Whiting co-leading the pursuit of justice on behalf of Mr. Henry, the firm retained an industry expert to argue that the general contractor was negligent in allowing a non-OSHA compliant lid to cover the manhole. The firm used an economic expert to determine Mr. Henry’s future lost wages and benefits from the Laborer’s Union.
The defense argued that Lloyd Henry was at fault for failing to observe the conditions around him. They also argued that he was capable of future employment. Ms. Sara Davis countered the defense team’s efforts by introducing a survey of past verdicts in construction cases to demonstrate that juries do not favor the defense argument of blaming the injured worker.
The case settled at mediation with a former Cook County Judge. The settlement was $1.07 million.
The firm has also won numerous cases that were either settled or tried before a jury and resulted in millions of dollars in recovery for the firm’s clients over the past 15 years.