Property Owner "Hedges" Bet Against Injured Teamster
Six and a half years ago, a 58 year old Teamster from Local 179 made a routine delivery to a location owned by Stonegate Properties; Hoffman Estates. The pathway leading back to his truck required him to navigate a large, poorly maintained curbside hedge that blocked his view into the street. As he reached out to pull the untrimmed hedge back to check for on-coming traffic his hand was struck by a passing car.
They voiced lessons of their youth; that one should look both ways before entering the street. Of course, had the teamster been able to do so he would still have his career and all the benefits that came with it today.The impact to the teamster’s hand ignited a pre-existing severe arthritic condition that he had previously been unaware of. He had never experienced pain, difficulty or limitations in the use of his hand before the trauma occurred. Ultimately, he endured surgery fusing bones at his wrist, making it impossible to safely continue driving large rigs with manual shift mechanisms due to a weakened wrist and limited range of motion.
Attorneys for the Defendant argued that the teamster had a pre-existing condition that limited their liability for his suffering, ignoring the fact that such a condition had never been previously diagnosed or treated, or caused him any problem until after the trauma occurred.
They voiced lessons of their youth; that one should look both ways before entering the street. Of course, had the teamster been able to do so without having to man-handle the obstruction that hung adjacent to the road, he would still have his career and all the benefits that came with it today.
And they argued further that the teamster didn’t even attempt to go back to work driving a semi-truck, something that the public at large should be grateful for since it would represent a clear and present danger given his lack of wrist control.
Justice for the teamster did not come easy, as this case had layers of liability. There was the driver of the car who possessed only $20,000 of coverage; far less than what would even begin to cover the medical costs. There was also the liability of the landscaping firm contracted to maintain the hedges. The teamster’s first attorney settled out of court with the landscaping firm for a nominal $13,000; again, far less that what it would take to make this hardworking man whole, or anything close to it. Frustrated, the teamster changed attorneys and sought representation at Horwitz, Horwitz & Associates, Ltd. - known for their experience and expertise on the labor front.
Horwitz attorneys, Valerie Barich, Jay Luchsinger and Clifford Horwitz began preparing for trial against the remaining and most difficult party involved, the property owner. “Had the insurance company been willing to compensate our client in a manner consistent with his injuries and loss of career, he was certainly ready to end the nightmare and settle,” says Valerie Barich.
The battery of corporate attorneys for Great Northern Insurance however, refused every effort to negotiate in good faith to reach a settlement. Instead, they drug the case out blaming the driver of the car for coming too close to the curb, the landscaper for not doing a better job, and ultimately, the teamster for failing to be able to see through trees.
For years, and continuing on through over a week of testimony before a Cook County jury, they refused to acknowledge the responsibility of the property owner for the conditions of their property and their role in the subsequent injury of someone as a result.
It was an arrogance that was rejected by the jury, as they found the corporate landlord/property owner to be negligent and the insurance company liable for an award totaling $1,195,997 in damages, including medical costs, loss of wages and career, and pain and suffering.
“People need to understand that justice could have occurred years ago if corporations and insurance companies had the best interest of those who are injured at heart. Jay Luchsinger explains, adding “It’s our job to hold them accountable.”
Cliff Horwitz welcomes your comments on this article and can be reached at (866) 228-5016 or by email.