Chicago Partners Secure Dismissal After Deadlocked Jury Results in a Mistrial in High Stakes Construction Accident

Chicago Partners Kenneth J. Barrish and Cecil E. Porter obtained dismissal in the Circuit Court of Cook County, on behalf of our client after a nearly month long jury trial resulted in a deadlocked jury and mistrial.

Plaintiff, a 32 year old union pipe fitter foreman, filed a lawsuit alleging theories of construction negligence against the general contractor, who then sued our client for contribution. Plaintiff was performing work on the upper level of a Chicago high rise building that was being remodeled into an amenity floor. His work activities caused an overhead chilled water pipe, that weighed approximately 3,200 pounds, to fall from the ceiling. Plaintiff was struck by the falling water pipe and sustained life changing bodily injuries to his hip, abdomen, and intestine.

The jury trial included testimony from plaintiff’s co-workers and family members, engineering experts, and Occupational Safety and Health Administration (OSHA) experts about who caused Plaintiff’s accident. There was also testimony from orthopedic and internal medicine expert witnesses who offered differing opinions about the nature and extent of Plaintiff’s injuries, that included hip surgery and a bowel resection. Plaintiff’s counsel also called damages experts to provide opinions about the cost of future medical treatment and his client’s potential loss of future income.

During closing arguments, Plaintiff’s counsel asked the jury for millions in damages to be apportioned between the general contractor and our client. In an unusual and unexpected turn of events, the Court, after repeatedly being advised by the jury that they were unable to reach a verdict, declared a mistrial. The parties polled the jury and learned the jury was deadlocked with 11 to 1 in favor of the defense. The mistrial forced Plaintiff into a reasonable settlement with the general contractor with no amounts having to be paid by our client, and also resulted in closing plaintiff’s workers’ compensation case, that had potential exposure in the seven figures, for a nominal amount.

Kenneth J. Barrish has extensive experience defending clients in environmental and toxic tort litigation, construction litigation, business litigation, general liability, workers’ compensation. He also handles employment law and litigation, products liability and appellate law.

Cecil E. Porter is a seasoned litigator with more than 20 years of experience handling complex civil matters. His areas of focus include general liability, personal injury, construction site accidents, premises liability, motor vehicle claims, employers’ liability and workers’ compensation.