Worker shocked by powerline: Failure to follow safety plan: Burns: Mediated settlements

Law Reporter, Dec 2004

P.J. v. Barringer Crane Sern, Inc., Ill., LaSalle County 13th Jud. Dist. Ct., No. 2001 L 15, Apr. 2004.

P.J., 32, was employed by a subcontractor at a construction site. While working on a tall crane, he was shocked by electricity when the crane hit an overhead powerline. He suffered burns over 40 percent of his body. His past medical expenses were about $346,000, and his past lost wages were about $207,800. Both were covered by workers' compensation. As a construction worker, PJ. had been earning $35,000 annually, but he has been unable to return to construction work and has begun work as a real estate agent.

P.J. and his wife sued the general contractor, the crane subcontractor, and the construction management company. Plaintiffs alleged the project's safety plan was not followed by any of the contractors in control of the site and the crane.

Defendants contended P.J. was negligent in operating the crane without adequate training. Defendants also brought in P.J.'s employer as a third-party defendant.

During mediation, plaintiffs settled with all defendants but the general contractor for $905,000. P.J.'s employer agreed to waive its workers' compensation lien of about $553,900 as settlement between the two parties.

The general contractor then appealed the trial court's finding that the settlement between plaintiffs and the employer was valid. While awaiting the appellate decision, die general contractor settled with plaintiffs for $550,000. The total settlement amount was about $2.01 million, including the lien waiver.

Plaintiffs' Counsel

*Philip Sieff, Minneapolis, Minn.

* Chris A. Messerly, Minneapolis, Minn.