Jury Awards $6 Million Dollar Verdict to Ironworker After Crane Accident
A Cook County jury awarded a verdict of $6,000,000.00 to a union journeyman ironworker who suffered several injuries due to the faulty actions of a crane operator.
The Case
The Defendant, Tribco Construction Services was operating a tower crane unloading steel trusses off a flatbed truck. Plaintiff Michael Oman, a journeyman ironworker, was tasked with holding the tagline below. While unloading one of the steel trusses, the crane operator negligently lifted the load resulting in the tagline wrapping around Michael Oman’s arm and lifting him upwards. He suffered a massive rotator cuff tear of the right shoulder. Michael Oman underwent two rotator cuff surgeries both of which failed, resulting in a third reverse right shoulder total replacement surgery. He was left with permanent pain, including nerve pain/numbness sensations due to the lengthening of the nerves.
In-Depth Look
CHICAGO, IL – On October 05, 2023, 12 jurors unanimously agreed to award a $6,000,000.00 verdict to a 60-year-old journeyman ironworker.
The offer before the Trial from defendant was $400,000.00. Horwitz rejected the offer. Defendant Tribco Construction Services, LLC, operated a tower crane on the construction project for the DePaul University School of Music building, and was assisting K&K Iron Works, LLC in unloading steel trusses off a flatbed truck. Plaintiff Michael Oman was tasked with holding the tagline attached to the steel trusses during the lifts. While unloading one of the steel trusses, the crane operator negligently lifted the load in too high a gear in violation of OSHA, ASME, and Trbico’s safety rules, resulting in the tagline wrapping around Plaintiff Michael Oman’s arm and lifting him upwards.
Clifford W. Horwitz and Michael D. Carter, Jr., partners, along with associate attorney Gabe Drury at Horwitz Horwitz & Associates, tried the case. They contended that Michael Oman suffered a massive rotator cuff tear of the right shoulder (full thickness supraspinatus tear with retraction, infraspinatus tearing, biceps interstitial tearing). Michael Oman underwent two rotator cuff surgeries both of which failed due to recurrent full thickness tears with retraction and resulted in Plaintiff undergoing a reverse right shoulder total replacement surgery.
Defendant Tribco Construction Services, LLC, contended that (1) the incident never occurred because it was never notified; (2) K&K Iron Works, LLC controlled the crane and crane operator; (3) Plaintiff Michael Oman was contributorily negligent by (a) failing to pay proper attention to the crane and/or crane operator, and (b) improperly holding the tagline within 3 to 5 feet from the load; and (4) Third-Party Defendant K&K Iron Works, LLC was negligent in (a) failing to ensure that Plaintiff Michael Oman was holding the tagline at a safe distance from the truss before the truss was lifted, and (b) failing to properly supervise Plaintiff Michael Oman to ensure that he was holding the tagline at a safe distance from the truss before the truss was lifted.
Our Attorneys Stand Up For Workers
The Illinois Jury Verdict Reporter is honoring Clifford W. Horwitz in October of this year – awarding him with the Plaintiff’s Achievement Award. This coveted award has only been awarded to 15 attorneys since the Jury Verdict Reporter was established over 55 years ago. To be considered an attorney must first win at least five jury verdicts in excess of $5,000,000.00. Since 2012, Cliff’s trial team at Horwitz Horwitz & Associates has secured record verdicts at an astounding rate – every two out of three cases that Cliff has tried resulted in record-setting jury verdicts. In addition to securing what was the largest personal injury verdict in Illinois history, Cliff and his team have secured a number of record-setting jury verdicts since 2012, including the largest jury verdict in Illinois history for a construction worker, a quadriplegic, a brain injury, a neck injury, a hand injury, a complex regional pain syndrome (CRPS) injury, and a shoulder injury.
If you have been injured in a work accident, contact our dedicated Chicago personal injury lawyers at Horwitz Horwitz & Associates today for a free consultation.
