CASE REPORT
Rudolph Das v Terex USA LLC 14L-13186 Tried Jun. 17-Jul. 10, 2019
VERDICT: Not Guilty. Special Interrogatories: Was the sole proximate cause of the injury to the plaintiff the conduct of some person or entity, or the combina- tion of some person or persons, entity or entities, other than the defendant? “Yes.” Was the product put to a use that is reasonably foreseeable considering the nature and function of the product? “No.”
Anthony J. Monaco Anthony J. Monaco is an equity partner at Swanson, Martin & Bell, LLP and serves on the firm’s management committee. He han - dles product liability, class-action, and com- mercial litigation disputes. Tony is regularly retained as lead trial counsel for mass-tort and MDL or other consolidated product li- ability matters. While he has personally tried multi-million dollar cases to verdict in seven states, he also has considerable ex- perience conducting business in Europe and Asia with the firm’s foreign manufacturing clients.
JUDGE: Thomas V. Lyons, II (IL Cook-Law)
PLTF ATTY(S): James J. Morici, Jr., Lisa M. Longo, Charles A. Wallace of Morici, Figlioli & Associates (Chicago, IL) DEMAND: $20,000,000 ASKED: $248,725,704 DEFT ATTY(S): Anthony J. Monaco, Michael A. McCaskey, Patrick P. Clyder of Swanson, Martin & Bell (Chicago, IL)(Partially Self-Insured; AIG) OFFER: $100,000 PLTF MEDL: Dr. Matthew L. Jimenez (Orthopedist), Dr. Marin Marinov (Trauma Surgeon), Dr. Avi Bernstein (Orthopedist), Dr. Charles Galanis (Plastic Surgeon), Michael Virgini, P.T. (Physical Therapist) PLTF EXPERT(S): Christopher J. Brand, P.E. of Crane Engineering, 2355 Polaris Lane North, #120, Plymouth, MN (763-557-9090) (Mechanical Engineer); Frank Burg (Safety); Michael Kalsher , Ph.D. (Human Factors) DEFT EXPERT(S): Dale E. Alexander, Ph.D. (Metals); Farheen S. Khan, Ph.D. (Human Factors); Bradley D. Closson of Craft Forensic Services, 1057 Calle Mesita, Bonita, CA (619-737-9563) (Cranes) Pltf IUOE Local 150 civil engineer employed by K&S Engineering was working at the construction site for the Interstate 90 Fox River Bridge in Elgin. On De- cember 1, 2014, a 2,000-lb accessory jib stowed alongside the boom of a crane suddenly fell onto pltf, crushing his legs and knocking him unconscious. Two U-bolts securing a steel bracket to the jib had fractured, causing the jib to de- tach. The crane was a Terex RT-555 Rough Terrain Mobile Crane manufactured by deft. Paramedics transported pltf to a nearby hospital, and he was then flown by helicopter to Lutheran General Hospital’s Level One Trauma Center for emergency surgery. Pltf M-51 sustained a closed head traumatic brain injury and subarachnoid hemorrhage, resulting in a three-week induced coma and post-concussion syndrome. He also suffered multiple fractures: left orbit and cheekbone fractures requiring maxillofacial surgery; comminuted fractures of the left tibia and fibula requiring open reduction internal fixation with permanent hardware; left bicondylar tibial plateau fracture requiring ORIF and subsequent bone graft; left patella fracture requiring debridement, fixation, and patellar ten - don repair; left femur fracture; right ankle/tibial plafond fractures requiring ORIF, bone graft, and permanent hardware; lumbar fractures requiring multilevel fu- sion at T10-L2; left clavicle and scapula; and all ribs on his left rib cage. Pltf then underwent nine months of inpatient rehab, lived in a handicapped-accessible
Michael A. McCaskey Mike McCaskey is a partner at Swanson, Martin & Bell, LLP. Mike is an accomplished litigator practicing in federal and state courts throughout the country in matters in- volving product liability, catastrophic injury, complex commercial disputes, construc- tion, and class actions. Mike serves as an equity partner and chairman of the firm’s Product Liability Practice Group. In 2017, Mike was selected to the Chicago Daily Law Bulletin’s 40 Under Forty. He also regularly contributes to his colleagues as an author and speaker on topics related to complex lit- igation, discovery, and trial strategy.
JURY VERDICT REPORTER • 2022 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 73
Powered by FlippingBook