$13,000,000 Settlement after Wall Falls on Carpenter’s Helper

The Law Offices of Parente & Norem, P.C. settled a Cook County construction case for $13,000,000 shortly before trial. 

On July 12, 2018, a carpenter’s helper, then 30 years old, was working for a rough carpentry crew, BXH Construction, performing work on a townhome project in Countryside, Illinois.  The coworkers were raising and putting in place a 40-foot-long party wall which had been pre-sheeted with drywall.  While they were moving the wall into place with a sledgehammer, it fell over, landing on top of him as he was working on the other side of the wall.  He sustained an L2 burst fracture and underwent emergency fusion surgery from T12 to L3 at Loyola Hospital. He was initially confined to a wheelchair and suffered from bowel and bladder dysfunction. After several years of rehabilitation, he is able to walk long distances with ankle braces and a cane.  

Parente & Norem sued the general contractor, CCH, and the project owner, HPVG.  Discovery revealed that no one at BXH had any OSHA training, and CCH’s superintendent admitted he was not an OSHA competent person.  It was argued that although HPVG knew that CCH was not fulfilling its contractual obligations of providing daily site supervision and accident prevention, it did nothing to enforce its contract.  HPVG maintained that it did nothing wrong and was not contractually obligated to police safety, claiming that CCH was an experienced general contractor and it could and did rely on them.  

Although no one was present from CCH or HPVG at the time of the injury, it was argued that BXH had followed the same faulty bracing and movement procedures multiple times before the incident.  The Defendants contended there was nothing wrong with the bracing procedure and this was a fluke occurrence that could not have been foreseen.  All witnesses agreed that he did nothing wrong.  

The case was set to proceed to trial on April 10, 2024.

The settlement included an assignment of CCH and HPVG’s contribution claims against BXH.  Plaintiff now intends to try the contribution case on April 10, 2024 against his employer, BXH, to eliminate the approximately $1.5 million workers’ compensation lien.   

The case was mediated by retired Judge William Gomolinski. 

The plaintiff was represented by Dennis M. Lynch, Joseph D. Parente, and Christopher M. Norem of Parente & Norem.

CCH was represented by Michael Carter of Lewis Brisbois

HPVG was represented by Dan Boho of Hinshaw and Culbertson, Susan Chae Corcoran of Leahy Eisenberg and Andrew Elbogen of Kopka Pinkus.

BXH was represented by Kasia Nowak of Foley and Mansfield.

If you or someone you know has been injured due to negligence, call/text The Law Offices of Parente and Norem, P.C. at 312.641.5926 or fill out a contact form here on the website.