CHICAGO (June 13, 2022) – A worker helping with the demolition of an old movie theater has received a $4.8 million settlement for the injuries he suffered after falling 12 feet through the roof of the building.
On June 12, 2018, 42-year-old Jose Gonzales was working as a laborer on the demolition of the former Cineplex Odeon Theatre, located in the 6300 block of N. McCormick Road in Chicago. As part of the demolition work, the team was removing HVAC units on the roof and placing plywood down to cover up the fall hazard created by removal of the units.
Mr. Gonzales was asked to move a stack of plywood from one location to another. When he got to the last piece of plywood in the stack, he fell through the hole as he lifted the piece and stepped forward, falling about 12 feet to the floor below. Several witnesses testified the plywood pieces covering the hole were unsecured, unlabeled, and otherwise not barricaded to indicate there was a hazard below.
As a result of the fall, Mr. Gonzales broke both of his wrists, suffered a rotator cuff tear and a fusion in his lower back. Since the incident, Mr. Gonzales has incurred hundreds of thousands in medical expenses for treatment related to his injuries.
In 2020, Mr. Gonzales’s attorneys at Salvi, Schostok & Pritchard filed a lawsuit against Banner Northwest Storage and the general contractor G.A. Johnson & Son hired to oversee the project, and third-party defendant Nickelson Industrial Service. (Case No.: 20 L 4957)
“There is no question the defendants failed to provide a safe workplace for workers like Jose. Between the general contractor’s failures in oversight and the third-party defendant’s failures in training and implementation, Jose was left out to dry by those around him.” Plaintiff’s attorney Brian L. Salvi said. “Jose has not been able to return to work full time since the fall and his future tolerance for physical activity will likely be very limited.”
The Defendants disputed the severity and longevity of Mr. Gonzales’s injuries and asserted he should have known that the plywood was being used as a cover, despite the lack of safety markings.
On June 9, 2022 during a mediation with Hon. Dennis J. Burke, the parties agreed to a $4,825,000 settlement.
“We are thankful Mr. Gonzales can begin to move on with his life and will have the means necessary to pay off his mounting medical bills,” attorney Rob L. Kohen said.
For more information, please contact Marcie Mangan at (312) 372-1227 or mmangan@salvilaw.com.
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