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CHICAGO, — The family of a carpenter who suffered a traumatic brain injury after falling has settled its lawsuit against the general contractor and developer for $2.1 million. The family was represented by Chicago-based personal injury law firm, Passen & Powell. The settlement was approved by Cook County Illinois Circuit Judge Christopher E. Lawler on October 29.
In March 2016, Adam Wyczesany was working as a carpenter for DOM Construction on a residential project in Chicago when he fell from a beam about 10 feet above the ground floor and struck his head. Wyczesany suffered a severe traumatic brain injury, including a right subdural hematoma, subarachnoid hemorrhage and multiple skull fractures.
Contrary to OSHA safety regulations, Wyczesany was not using any fall protection system at the time of his fall. Although fall protection equipment was provided to him by his employer, DOM Construction, he was never trained on how to use the equipment and regularly performed work at elevations without fall protection.
Wyczesana filed a lawsuit in April 2016 against the general contractor, MBI Builders Ltd., and owner of the property, Grand Development Group, alleging they failed to safely supervise the construction site and exercise their control to require the use of fall protection while working at elevations in compliance with OSHA.
The defendants argued Wyczesany was contributorily negligent for not using the fall protection equipment provided to him by DOM Construction.
Matthew A. Passen and Stephen M. Passen of Passen & Powell represented Mr. Wyczesany and his family.
In addition to the $2.1 million settlement, the Workers’ Compensation lien of $571,288 was also waived by DOM Construction.
“This case presented a number of challenges from day 1,” according to Matthew Passen. “Fortunately, we were able to overcome those challenges and reach a settlement that will allow Adam to receive the care he needs and for him and his family to live comfortably.”
For more information, contact Passen & Powell at 312-527-4500 or visit www.passenpowell.com.