Worker shocked by power line: OSHA, state law violations: Burns: Settlement

Law Reporter, Apr 2004

Ibarra v. Pactiv Corp., Ill., Cook County Ct., No. 01 L 11692, Oct. 10, 2003.

Ibarra and other ironworkers were using a crane to install a security gate for Pactiv Corporation. While Ibarra was holding the gate as it rotated, one of the gateposts struck a power line on Pactiv's property. Ibarra suffered second-and third-degree electrical burns over 60 percent of his body. He has undergone four surgeries, including skin grafts. Ibarra's past medical expenses were about $482,000, and his future medical expenses are expected to be between $1,200 and $1,800 annually.

Ibarra, 56, had been earning $45,000 annually. He is unable to return to work. His past lost earnings were $120,100, and his future lost earnings are estimated at about $264,000.

Ibarra and his wife sued the owner of the property, alleging defendant failed to turn off the energy in the power lines and violated OSHA regulations by allowing ironworkers to work within 10 feet of the power lines. They also made a claim under state premises law, alleging that defendant had a duty as a landowner to provide a reasonably safe environment for invitees.

Defendant contended the danger was open and obvious and that it did not have control over the work.

The parties settled before trial for $3.5 million.

Plaintiffs' experts were Stephen B. Wilcox, human factors, Philadelphia, Pa.; Kenneth J. Yotz, safety, Geneva, Ill.; Gary Yarkony, vocational rehabilitation, Elgin, Ill.; Charles Linke, economics, Champaign, Ill.; and Michael Kornblatt, orthopedics, Wilmette, Ill. Defendant's expert in this case was Theodore Hogan, safety, Lemont, Ill.

Plaintiffs' Counsel

*Eugene K. Hollander, Chicago, Ill.

Robert Sidkey, Chicago, Ill.