(CHICAGO) On October 16, 2007, Frank Barnai, a union sprinkler fitter, was injured when he was walking while carrying sprinkler pipe over his shoulder and tripped over electrical conduit that was protruding up from a concrete floor. Nuline had installed the electrical conduit, which was sticking up approximately 6-12 inches out of the floor at the time of the accident. Plaintiff claimed Nuline was negligent for installing the conduit without properly marking it as a hazard. Plaintiff claimed the general contractor, International Contractors, and the property owner, Wal-Mart, each had individuals who were present on the job site and had responsibilities for inspecting the work area for tripping hazards. Plaintiff claimed Nuline, International Contractors, and Wal-Mart all failed to properly identify the tripping hazard and ensure that it was made visible or denoted as a hazard, and failed to ensure workers on the job site were not exposed to the hazardous condition. Defendants claimed Plaintiff was contributorily negligent in not watching where he was walking, and claimed Plaintiff knew of the dangerous condition because he walked past it hundreds of times before he fell.
INJURIES/DAMAGE:
Prior to the accident, Barnai had undergone a lumbar fusion surgery at
L4-5, but had returned to full duty work as a sprinkler fitter and had
been working full time without problems for at least 5 months prior to
this accident. As a result of this accident, Barnai required multiple
revisions of his prior fusion. Ultimately, after several surgeries, Barnai's
spine was fused from the T-9 level through the S-1 level. Barnai was
unable to return to work after the accident, and is mostly confined to a
wheelchair.
SETTLEMENT:
BARNAI V. WAL-MART STORES, INC
Back Injury
Construction Accident
$5,073,463.71
VERDICT:
BARNAI V. WAL-MART STORES, INC
Back Injury
Construction Accident
$2,144.201.00
- As Posted By Healy Scanlon Law Firm @ http://www.healylawfirm.com/News-Articles/Construction-Worker-Trips.shtml/
“We recovered $1.1 Million in a construction negligence case for a tradesman who suffered a broken toe and herniated a disk in his low back, when he tripped and fell over an electrical conduit stub-up during the construction of a high-rise building. We were able to establish that, due to the construction technique being used there were an unusual number of mechanical stub-ups protruding from the poured concrete floors of the structure. We showed that the general contractor and the electrical contractors knew that these stub-ups presented a hazard to the tradesmen on the job and that they failed to act to reduce the substantial risk of harm until after our client was injured.“
- As Posted By Attourney Evan Hughes @ http://www.evanhugheslaw.com/representative-cases/
