Illinois Verdicts

Plaintiff(s):

Raul Nunez (Male)

Plaintiff Attorney(s):

George G. Argionis;
Law Offices of Argionis & Associates, LLC;
Chicago,
IL,
for
Raul Nunez

Defendant(s):

Martin Leasing Inc., 

Martin Implement Sales

Defense Attorney(s):

John W. Patton Jr.;
Patton & Ryan LLC;
Chicago,
IL,
for
Martin Leasing Inc., Martin Implement Sales ■ Gregory D. Conforti;
Johnson & Bell, Ltd.;
Chicago,
IL,
for
Martin Leasing Inc., Martin Implement Sales

Insurer(s):

ACE Insurance for Martin

On the morning of Nov. 16, 2010, plaintiff Raul Nunez, a Waste Management (WM) truck driver, was cleaning leaves and debris in the Village of Oak Park as part of a contracted project. WM was using a skid-steer loader to sweep the leaves into a dump truck. At approximately 9:30 a.m., a WM co-worker operating the skid-steer loader backed into Nunez and pinned him against a pickup truck. Nunez suffered an injury to his left pelvis. Nunez sued Martin Implement Sales and Martin Leasing Inc., the entities that leased the skid-steer loader to WM. The plaintiff sued for general negligence and failure to warn. Nunez contended that the skid-steer loader was equipped with a backup alarm retrofitted by Martin, which was not appropriate in that it was not loud enough according to specific engineering standards. Plaintiff’s counsel argued the alarm needed to be louder than the skid-steer loader’s engine, and that due to his failure to hear the alarm he was unable to get out of the way in time to avoid injury. Nunez argued Martin was negligent in servicing the skid-steer loader with the wrong backup alarm. Martin contended that Nunez was at fault for his injuries, arguing that the plaintiff should not have been walking in the work zone while the skid-steer loader was being operated, and argued the plaintiff should have made eye contact with the operator. Defense counsel also argued that even if the backup alarm was louder, there was too much background noise that would have drowned out the alarm. Martin argued that the sole, proximate cause of the accident was WM’s failure to properly train and supervise its employees.

Nunez was taken by ambulance to the emergency room from the scene of the accident. He was diagnosed with left pelvic acetabular fracture, for which he underwent ORIF surgery to correct the fracture. Nunez rehabbed with physical therapy throughout his recovery from surgery. Nunez claimed he developed complex regional pain syndrome (CRPS) as a result of the trauma he endured, and underwent surgery to insert a spinal stimulator. He claimed he still experiences pain and discomfort despite the existence of the stimulator, as well as reduced mobility and range of motion in his left pelvis, which requires him to ambulate with a cane. Nunez claimed the injury he sustained was career-ending and that all of his activities of daily living have been affected. The plaintiff claimed $400,000 in past medical costs, and further sought $2.3 million in total lost earnings and benefits, as well as damages for his pain and suffering, loss of enjoyment of life, and disfigurement. Martin did not dispute the severity of Nunez’s pelvis fracture.

The parties negotiated a settlement for $3.85 million.

Judge:

Edward Washington II

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