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Slip on ice severely injured leg, plumber alleged

Amount:

$1,221,282

Type:

Verdict-Plaintiff

State:

Illinois

Venue:

Cook County

Court:

Cook County Circuit Court

Injury Type(s):

leg-fracture (fracture, femur);
other-plate; other-bone graft; other-fracture, distal;
other-pins/rods/screws; other-hardware implanted; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type:

Construction; Premises Liability – Snow and Ice; Slips, Trips & Falls – Slip and Fall

Case Name:

Janusz Bruszniewski and Malgorzata Bruszniewski v. Atlantic American Fire Protection Co., Edgemark Commercial Real Estate Services LLC, RMS Properties VII LLC, and RMS Properties of Illinois Inc.,
No. 2010-L-014460

Date:

January 22, 2015

Parties

Plaintiff(s):

Janusz Bruszniewski (Male, 55 Years)

Plaintiff Attorney(s):

Michael C. Mead;
Faklis & Tallis;
Chicago,
IL,
for
Janusz Bruszniewski ■ Nicholas J. Faklis;
Faklis & Tallis;
Chicago,
IL,
for
Janusz Bruszniewski

Plaintiff Expert(s):

Anuj Puppala; M.D.; Orthopedics; Joliet,
IL called by:
Michael C. Mead, Nicholas J. Faklis ■ Howard Freedberg; M.D.; Orthopedics; Bartlett,
IL called by:
Michael C. Mead, Nicholas J. Faklis ■ Steven Zebich; S.E., P.E.; Construction; Chicago,
IL called by:
Michael C. Mead, Nicholas J. Faklis ■ Chadwick Prodromos; M.D.; Orthopedics; Glenview,
IL called by:
Michael C. Mead, Nicholas J. Faklis

Defendant(s):

RMS Properties VII LLC, 

RMS Properties of Illinois Inc., 

Atlantic American Fire Protection

Defense Attorney(s):

Steven B. Borkan;
Borkan & Scahill, Ltd.;
Chicago,
IL,
for
Atlantic American Fire Protection ■ Graham P. Miller;
Borkan & Scahill, Ltd.;
Chicago,
IL,
for
Atlantic American Fire Protection

Defendant Expert(s):

Craig Westin;
Orthopedics;
Chicago,
IL called by:
Steven B. Borkan, Graham P. Miller

Insurer(s):

West Bend Mutual Insurance Company for Atlantic American

Facts:

On the morning of Feb. 24, 2010, plaintiff Janusz Bruszniewski, 55, a plumber, was working on a renovation project at 2132 Jefferson Street in Joliet. At approximately 8:45 a.m., while exiting the building, Bruszniewski claimed he slipped and fell on a sheet of ice at the construction entrance. The plaintiff claimed injuries to his left leg from the fall. Bruszniewski sued Atlantic American Fire Protection Co., a subcontractor on the renovation project tasked with retrofitting the building’s fire suppression sprinkler system for negligence and premises liability. Bruszniewski also sued Edgemark Commercial Real Estate Services LLC, RMS Properties VII LLC, and RMS Properties of Illinois Inc. The plaintiff settled with the RMS defendants (the owning entities of the building) for $250,000 and proceeded to trial against Atlantic American only. Edgemark was not a proper defendant and was never served. Bruszniewski argued that Atlantic American created the ice patch by draining water from the sprinkler system through a test valve spout next to the construction entrance. Plaintiff’s counsel claimed that he noticed water being drained from the test valve and forming a puddle in front of the entrance the day before the incident, which then froze overnight. Bruszniewski’s construction expert (originally retained by defendant RMS) testified that the subject test valve was the only possible source of the water and, furthermore, that Atlantic American violated several Occupational Safety and Health Administration (OSHA) and construction safety standards. The defense contended that the sprinkler system was drained prior to the subject incident and did not cause the subject ice patch. Defense counsel argued that the water came from a natural source, such as rain or melting snow, or was caused by other contractors using water to clean their tools. The defense further argued that the ice was an open and obvious condition that Bruszniewski was aware of, since he was working at the site earlier that day and had to have walked past the entrance multiple times. As such, the defense argued that the plaintiff was comparatively at fault for the incident. The trial included testimony from a witness who worked for the company that installed the building’s fire alarm system, which was connected to the sprinklers. The witness testified that alarm records indicated that the sprinkler system was not drained down in late February. The witness also testified that water was not draining out of the test valve at the constant rate described by the plaintiff.

Injury:

Bruszniewski was taken by ambulance to the emergency room from the scene of the accident. He sustained a distal, above-the-knee femur fracture of his left leg, for which he underwent ORIF surgery with insertion of an intramedullary rod on Feb. 26, 2010. The plaintiff claimed the bone failed to heal due to nonunion, causing him to undergo a second surgery on Oct. 28, 2010, which consisted of hardware removal, insertion of a plate, and bone grafting. He followed up with approximately six months of physical therapy. Bruszniewski claimed that while his fracture ultimately healed, he also suffered an aggravation of pre-existing arthritis in his left knee, causing ongoing pain and discomfort. He claimed he can never return to work as a plumber due to his left knee condition. Bruszniewski claimed he will require a total left knee replacement in the future and sought $90,000 in future medical expenses. He further claimed $183,262 in past medical expenses, $174,010 in past lost earnings and $174,010 in future earnings, and also sought roughly $400,000 to $600,000 in damages for his pain and suffering and loss of normal life. Bruszniewski’s wife filed a loss of consortium claim that was discontinued at the start of trial. The defense’s expert orthopedist supported the plaintiff’s claims regarding his injury and need for a future total knee replacement. The defense did not dispute the severity of plaintiff’s injury, but argued that he could return to work in some other capacity than plumbing.

Result:

The jury found Atlantic American 80 percent at fault for the incident and Bruszniewski 20 percent at fault. The plaintiff was awarded $1,221,282 in total damages, reduced by 20 percent to $977,026. The judgment against Atlantic American was then offset by the pre-trial $250,000 settlement with RMS to $727,026.

Janusz Bruszniewski: $183,262 Personal Injury: Past Medical Cost; $90,000 Personal Injury: Future Medical Cost; $174,010 Personal Injury: Past Lost Earnings Capability; $174,010 Personal Injury: Future Lost Earnings Capability; $400,000 Personal Injury: Pain & Suffering; $200,000 Personal Injury: Loss of Normal Life

Actual Award:

$700,000

Trial Information:

Judge:

Clare E. McWilliams

Demand:

$1 million

Offer:

zero

Trial Length:

1
 weeks

Trial Deliberations:

2.5
 hours

Jury Composition:

3 male/ 9 female

Post Trial:

The case settled post-trial for $700,000, after the plaintiff agreed to accept the amount in exchange for the defendant’s waiver of appeal.

Editor’s Comment:

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