Construction Accident
Dec 07, 2012OUTCOME: Obtained complete tender of insurance benefits
A day laborer died when a Lowell "cherry picker" tipped over due to use in high winds and on unstable grounds. The owner of the company improperly modified the cherry picker and improperly demanded th ... e use of an incorrect harness. After the construction company claimed the decedent was an employee, the Bodily Injury Liability Carrier rejected the claim under workers compensation immunity. After several big firms rejected the case, the decedent's daughter retained my firm. Within 90 days, my investigation revealed the construction company created fraudulent pay records to deceive the workers compensation and premises liability insurers. I obtained a complete tender of the premises liability policy on behalf of the decedent's estate. Upon completion of that part of the case, I was forced to defend the attorneys fee award after an attorney for another beneficiary attempted to collect his fees from my firm's earned fee. I defended the circuit court's order denying the other attorney's fee request in the 2nd DCA, including preparation of the Answer Brief and oral argument before the Appellate Court, resulting in affirmation of the trial court's ruling in my firm's favor.
