The Quad City Times recently reported on a trial involving an injured plumber. A Scott County jury recently awarded a couple in Coal Valley, Illinois $3.6 million in a brain injury lawsuit.
In 2006, a plumber was working in a trench as sewer and water service was being installed for a home under construction in Davenport. The trench collapsed when a skid loader drove too close. Rescue efforts successful dug the unconscious plumber out of the collapsed trench but the plumber suffered permanent brain damage in the work related accident.
The skid loader was being operated by an employee of Alliance Concrete Construction LLC of Davenport, Illinois. At trial, the injured worker and his wife were seeking damages from Alliance for lost wages and past and future medical expenses.
During the trial, the plumber’s wife took the witness stand and testified about dramatic changes in her husband’s behavior since his accident. She testified that since his brain injury, her husband suffers from severe nightmares that have caused the couple to sleep in separate beds at night.
The jury awarded the wife $300,000 for loss of consortium. Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries.
The defense attorney for Alliance argued at trial that the injured worker was at least partially responsible for his own injury because he failed to use a trench box and other safety precautions. The jury found the plumber 40 percent at fault. As a result of the plumber’s own negligence, he was awarded $1.8 million of his $3.6 million verdict. In Illinois, if an injured party is partially at fault for his or her injuries, then the total recovered amount may be reduced in proportion to the degree that the injured party was at fault.
For the full article on this brain injury case, see the Quad City Times.
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