John Lynch secures not guilty verdict for general contractor

John Lynch represented a general contractor sued by a carpenter who fell at a Chicago condominium construction project on the near west side. The plaintiff fell while crossing an excavation on a plank, which broke underneath him. He alleged that the general contractor provided the plank and that poor worksite access caused his fall. He claimed permanent, disabling injuries as a result of the fall resulting in a lumbar laminectomy/discectomy. His treating doctor advised him that he was a candidate for a lumbar fusion estimated to cost $100,000. He never returned to carpentry after the incident and made a loss of trade claim of $1.5 million. The plaintiff asked the jury for a verdict of $2,080,836 at the close of the case. Issues of jobsite control and damages were hotly disputed. The jury found for the defendant general contractor, the only remaining defendant, after two hours of deliberation. Daniel Durham v. Dubin & Associates, Inc., 2007 L 1639 (Cook County).