Illinois Verdicts

Plaintiff(s):

Mark Shadley (Male, 48 Years), 

Robert Pierotti (Male, 33 Years)

Plaintiff Attorney(s):

Scott D. Lane;
Lane & Lane, LLC;
Chicago,
IL,
for
Mark Shadley, Robert Pierotti ■ Mark A. Brown;
Lane & Lane, LLC;
Chicago,
IL,
for
Mark Shadley, Robert Pierotti

Plaintiff Expert(s):

Daniel Pacheco; P.E.; Mechanical; Lincolnwood,
IL called by:
Scott D. Lane, Mark A. Brown ■ Philip Rushing; Ph.D.; Economics; Urbana,
IL called by:
Scott D. Lane, Mark A. Brown

Defendant(s):

Fairborn Equipment, 

Ferrera Pan Candy Co., 

PFlow Industries Inc., 

As Built Management Inc.

Defense Attorney(s):

Brian J. Hunt;
The Hunt Law Group, L.L.C.;
Chicago,
IL,
for
PFlow Industries Inc.

Defendant Expert(s):

Mark Hutchinson;
Orthopedic Surgery;
Chicago,
IL called by:
Brian J. Hunt ■ Steven Hall;
Labels & Warnings;
Ann Arbor,
MI called by:
Brian J. Hunt ■ Prasant Atluri;
Orthopedic Surgery;
Arlington Heights,
IL called by:
Brian J. Hunt ■ Benjamin Thomas;
Elevator & Escalator Installation Standards;
Chippewa Falls,
WI called by:
Brian J. Hunt

Insurer(s):

Cincinnati Insurance Co. PFlow Industries Inc.

On Nov. 3, 2009, plaintiffs Mark Shadley, 48, and Robert Pierotti, 33, were service technicians employed by Fairborn Equipment installing a gate assembly for a vertical conveyor system manufactured by PFlow Industries, a Milwaukee-based corporation, in the Ferrera Pan Candy Co. manufacturing plant in Chicago, when the 10-by-11-foot, 1,000-pound assembly fell on them, causing injury. Shadley and Pierotti sued PFlow, alleging claims under a theory of strict product liability, including inadequate warnings. Plaintiffs’ counsel claimed the gate assembly fell while the plaintiffs were attempting to install it. The plaintiffs’ mechanical engineering expert testified that due to the size of the gate and its position in the mechanism it would have to be braced while it was being attached, in order to be safely installed. However, plaintiffs’ counsel maintained the installation instructions did not mention bracing or include warnings that bracing was necessary. Defense counsel for PFlow denied the inadequate warnings allegations. The defense argued the instructions were adequate and no warnings were necessary. The defense’s engineering and conveyor belt installation experts testified the need for bracing would have been obvious without the need for specific instructions or warnings. The plaintiffs originally named Ferrera as a defendant. PFlow filed third party claims against Fairborn and As Built Management, the project’s general contractor. Ferrera, As Built, and Fairborn settled, prior to trial, with Ferrera paying $40,000, As Built $80,000 and Fairborn agreeing to waive Shadley and Pierotti’s workers’ compensation lien.

Both plaintiffs were transported by ambulance to the emergency room. Shadley claimed to have sustained multiple, bilateral pelvis fractures, while Pierotti claimed to have sustained a torn labrum in his non-dominant left shoulder, while trying to catch the falling gate. Shadley underwent external fixation surgery, while Pierotti underwent three arthroscopic surgeries to repair his shoulder. Plaintiffs’ counsel claimed Pierotti’s shoulder will likely require additional medical care in the future. Plaintiffs’ counsel claimed Shadley was unable to work for two years, while Pierotti was out of work for eight months. Further, plaintiffs’ counsel maintained that while the plaintiffs have returned to work, both are restricted from heavy labor and that Shadley has seen decreased income, as a result. Shadley sought $4,400,000 and Pierotti $4,700,000 for past/future pain and suffering, emotional distress, loss of normal life, medical expenses, and lost income. Defense counsel disputed the damages. The defense’s medical experts testified that both plaintiffs had made better recoveries than they claimed.

The jury found for the plaintiffs and awarded Shadley $1,158,656 and Pierotti $1,160,000.

Robert Pierotti: $164,132 Personal Injury: Past Medical Cost; $250,000 Personal Injury: Future Medical Cost; $54,524 Personal Injury: Past Lost Earnings Capability; $90,000 Personal Injury: Past Pain And Suffering; $141,344 Personal Injury: Future Pain And Suffering; $90,000 Personal Injury: Past loss of normal life; $140,000 Personal Injury: Future loss of normal life; $90,000 Wrongful Death: Past Mental Anguish; $140,000 Wrongful Death: Future Mental Anguish; Mark Shadley: $106,600 Personal Injury: Past Medical Cost; $250,000 Personal Injury: Past Lost Earnings Capability; $315,000 Personal Injury: Future Lost Earnings Capability; $61,400 Personal Injury: Past Pain And Suffering; $53,000 Personal Injury: Future Pain And Suffering; $54,000 Personal Injury: Past loss of normal life; $132,328 Personal Injury: Future loss of normal life; $133,328 Wrongful Death: Past Mental Anguish; $53,000 Wrongful Death: Future Mental Anguish

Judge:

Edward S. Harmening

Demand:

$3,200,000 for each plaintiff

Offer:

$200,000 for each plaintiff

Trial Length:

12
 days

Trial Deliberations:

4
 hours

This report is based on information that was provided by plaintiffs’ and defense counsel.