LPP Secures Defense-Friendly Verdict in Cook County Construction Injury Case

Congratulations are in order for the trial team of Howard Trafman and Steve Schuetz, who recently earned a highly defense-friendly verdict in Cook County on a difficult construction site injury case involving a career-ending injury to a young tradesman.  A lower verdict than the defense’s last offer always counts as a win for defense attorneys, our clients, and our claims partners.  Through aggressive motion practice, firm command of the testimony and the damages, and tireless advocacy for our client’s interests, Howard and Steve secured that impressive result.

Plaintiff was a union tradesman who slipped and fell on a construction site due to the presence of wet fireproofing.  LPP represented the subcontractor that allegedly scraped fireproofing off the ceiling and left it on the ground, where it mixed with water to create a hazard.  Plaintiff claimed both shoulder and knee surgeries as a result of the fall, leaving him unable to work in the trades.  With more than $3.7M in claimed loss of earnings alone and a robust tally of past and future medical expenses, Plaintiff initially demanded $10M to resolve this matter.  That number was lowered to $7.75M just prior to trial.  With sharp criticisms of Plaintiff’s liability arguments and strong expert testimony to challenge his damages, a global offer of $1.5M was extended on behalf of all direct defendants.  The case proceeded to trial.

After two weeks of testimony, a Cook County jury deliberated only a couple hours before returning a $2M verdict in Plaintiff’s favor.  Significantly, however, the jurors assessed 50% comparative fault against Plaintiff, thus reducing his recovery to $1M.  Plaintiff’s overall recovery is substantially below the last global settlement offer, and he must now repay a considerable worker’s compensation lien.

LPP is exceptionally grateful that the jury was able to focus on the facts and the law, rather than the sympathetic picture of a young husband and father robbed of his trade and his ability to earn a living.  This result reinforces our long-held belief that hard cases often need to be tried, and juries can follow the evidence even when faced with a likeable plaintiff who allegedly suffered as a result of an occurrence.  While Cook County certainly has had its fair share of lopsided verdicts, we are thrilled that this jury made a fair and reasonable decision.

Please join us in extending our congratulations to Howard and Steve!  With a healthy schedule of upcoming trials throughout Illinois, we look forward to keeping our clients advised of more victories on behalf of our valued clients.