Recently in accident Category

A Cook County jury on Wednesday (Oct. 13, 2010) awarded a 51-year-old carpenter $1.477 million in a catastrophic construction site injury arising out of an accident that occurred when he fell from an inadequate ladder while carrying one end of a 100- to 120-pound beam that he intended to install as a doorway header. The amount included $105,000.00 awarded to his wife Roberta for loss of consortium.

James Conwell was an employee of Kole Construction, a carpentry sub-contractor to James McHugh Construction Company, working at a job site at 1111 S. State Street in Chicago, when the ladder collapsed.  He fell, and the beam struck him on the back of his head and neck.  The serious injuries he suffered at the scene have now been declared by his doctor and the federal government as total and permanent.

After a two-week trial, the jury returned the verdict after closing arguments were presented by attorneys Antonio M. Romanucci, of Romanucci & Blandin, LLC, and Daniel E. O'Brien, of Burke & O'Brien, P.C., who represented the plaintiffs, and Angelo Spyratos and Pamela Pierro, of Momkus McCluskey, LLC, representing the defendant, James McHugh Construction Company.

The Complaint alleged that McHugh was aware that subcontractors on the project were using inadequate ladders for the required work but failed to have them removed from the job site until after the injury.  It also alleged that McHugh had a formal safety program and procedures that it failed to follow, that it failed to enforce its safety rules that required subcontractor employees to wear stickers on their hard hats to verify attendance at mandatory McHugh safety orientation.

The jury agreed with the plaintiffs' contentions that McHugh failed to comply with ANSI and OSHA regulations, to provide safe and suitable equipment, and to make reasonable inspections of the premise to ensure compliance with their own safety program.  After undergoing surgery on the day of his accident to repair a deep neck and facial laceration, Conwell began follow-up treatment.  Visits to numerous specialists confirmed that there was no cure for his persistent aura migraines, neck pain, tinnitus and severe hyperacusis in the right ear as a result of the accident.  Because of the severity of his symptoms, his life has become one of isolation in his home, which has required his wife Roberta to take on the duties of both parents to their school-age son.

The case, James Conwell and Roberta Conwell vs. James McHugh Construction Company, No. 06L4924.  The judge in the case was Hon. Thomas Flanagan.

SOURCE Romanucci & Blandin, LLC

A settlement in excess of $36 million has been reached in the litigation related to the catastrophic, August 13, 2008 Riverwalk at Millennium Apartment Complex fire in suburban Conshohocken, attorneys for the residents, their insurance companies, and the defendants jointly announced today.

Robert J. Mongeluzzi of Saltz Mongeluzzi Barrett & Bendesky PC, interim lead counsel for the plaintiffs, and J. Brian O'Neill, the Conshohocken real estate developer, said at a news conference that the $36.25 million global settlement concludes all outstanding litigation on behalf of the fire victims, together with the litigation related to the cost of re-building the two destroyed apartment buildings at Riverwalk. The settlement also concludes the claims brought by the Law Offices of Robert A. Stutman, PC, of Ft. Washington, PA, which served as liaison counsel on behalf of the subrogated insurance company plaintiffs who provided coverage to many of the tenants.

Mongeluzzi said the victims are relieved and generally satisfied with the settlement. "They can finally get on with their lives," he said on behalf of the victims. "While the financial reimbursement does not come close to replacing cherished belongings and memories, the amount recovered is substantial, fair and just. Attorney Stutman, defense counsel, Montgomery County Court of Common Pleas Judge Gerald Corso, and U.S. District Court Judge Petrese B. Tucker, and the court-appointed mediator, the Honorable James Melinson (Ret.), are to be commended for working to help reach this conclusion in very complex litigation. They were diligent, creative and saved valuable time and expense for our citizens."

Robert A. Stutman, Esq., whose law firm concentrates its national practice on insurance company representation in property and worker's compensation matters, teamed on this complex, catastrophic case with Mongeluzzi and SMBB. He noted, "This is an example of an excellent outcome as a result of the pooled resources of our respective attorneys and experts."

The former residents of the apartment complex, located along the Schuylkill River, filed a class action complaint (08-23265, Court of Common Pleas Montgomery County) that alleged negligence on the part of welders employed by an Aston, Delaware County contractor. That contractor was named as a defendant along with others responsible for various roles in the construction, management and development of the complex. O'Neill's company, O'Neill Properties, was the developer of the complex.

On the one-year anniversary of the fire, Mongeluzzi publicly reported little movement toward a settlement. He said Judge Melinson, the mediator, was instrumental in helping to bring the sides together to resolve the matter and avoid what surely would have been a long and costly jury trial. "The mediator helped all of the defendants realize that the risk of going before a jury was much greater than reaching a fair and reasonable settlement," Mongeluzzi explained.

"This has been an incredibly emotional ordeal for our family and we're just happy that there is some closure," said Dr. Irwin Becker, a family doctor whose apartment was destroyed in the fire. "We lost valuables but we've always known that nothing is more valuable than our loved ones, and our knowledge that some good might come from the lessons learned from this horrible tragedy."

The SMBB firm in recent years has successfully represented victims of numerous construction disasters, including the collapses of the Tropicana casino garage, Pier 34, and the Kimmel parking garage.

In addition to Mr. Mongeluzzi, the SMBB counsel team includes Patrick Howard and Larry Bendesky. Mr. Stutman's co-counsel included Michael Hopkins and Daniel Hogan from his firm.

The Stutman firm has represented major insurance companies on large fire losses and mass torts throughout the country, including the 2007 California wildfires, a $50 million refrigeration plant fire in Kentucky, and the catastrophic fire which destroyed the "White Building" at 12th and Sansom Streets in Philadelphia.

SOURCE Saltz, Mongeluzzi, Barrett & Bendesky, PC

A Broward County jury, after a week long trial, today awarded a driver, paralyzed when his 18-Wheeler overturned, $14.6 million after two days of deliberations. Derry Brown, Jr., 64, of Pakohee, Florida was paralyzed in the May 31st, 2007 accident on State Road 80 just east of Lion Country Safari.

"What Mr. Brown did that day was nothing short of heroic," said his attorney Robert W. Kelley who tried the case with his partner, Todd Falzone. "I think the jury understood that Derry's choice to swerve that day saved the other driver's life," said Kelley.

The initial accident occurred two years ago when the driver of a vehicle that never stopped, ran a stop sign and cut off Mr. Brown, who was hauling a load of sugar in his 1998 Freightliner truck. "If Derry hadn't decided to sacrifice himself that other driver would surely be dead," said Falzone. Instead, the Freightliner swerved off the road and overturned and Derry was severely injured.

Initially his own insurance company, National Casualty Company, refused to pay, forcing Mr. Brown to file suit against the company for uninsured motorist benefits to help find a way to cover the costs of the mounting medical bills. The huge verdict against National Casualty could have been avoided if the company had promptly stepped-up to the plate and paid the benefits when due, according to Kelley. But Kelley said the insurance company denied coverage to Mr. Brown forcing him to file suit and go to trial. Shortly before the trial began, Circuit Judge Cheryl Aleman, ruled that Mr. Brown was entitled to the Uninsured Motorist benefits under the National Casualty Policy. The company is expected to appeal.

Because of his medical condition, Mr. Brown who is currently undergoing rehabilitation at the Florida Institute for Neurological Rehabilitation in Wachula was unable to attend the majority of the trial. He was however air-lifted to the Broward County courthouse, along with his medical team, for his one day of trial testimony, and was represented in court by his wife Dorothy Mae Eaddy and his granddaughter, Gabrina Campbell.

Robert W. Kelley and Todd R. Falzone are trial attorneys in the law firm of Kelley / Uustal, PLC. The firm, which believes in justice for all, is headquartered in Fort Lauderdale, Florida, with offices located at Courthouse Law Plaza, 700 S.E. 3rd Avenue, Floor 3. Additional information about Kelley / Uustal may be obtained from the firm's website at www.justiceforall.com.

SOURCE Kelley Uustal PLC