A significant and rare defense verdict in a construction negligence lawsuit was secured by Franco Moroney Buenik LLC partners Chris Buenik and Meredith Fileff.
The case was tried in Cook County, Illinois from 8/5/26 to 8/28/26 before Judge Scott McKenna. Plaintiff asked the jury for $30,894,000 and last demanded $14,000,000 during trial. Plaintiff did not make a counter-demand after rejecting the last settlement offer of $6 million. Plaintiff, a union roofer employed by Korellis Roofing, was part of an 8-person crew repairing and/or replacing the Vienna Beef warehouse roof deck when the gypsum deck work area collapsed and he fell 25 feet to the concrete ground causing a L1 fracture, pelvis ring fracture, Coccyx fracture, and back pain ($1,078,000 past medical; $1,346,000 future wage loss).
Plaintiff underwent external fixation of his external ring of his pelvis, anterior pubic symphysis plating, bilateral SIJ ORIF, and attempted closed reduction of the coccyx. Due to further issues, plaintiff underwent removal of right sacroiliac screw, right sided trans surgery sacral/ trans iliac screw, and removal of left sacroiliac screw. After conservative treatment and injections failed, plaintiff underwent a lumbar disc fusion at L 4-5. Plaintiff claimed permanent back pain, permanent gait restrictions requiring use of a cane, and presented future back treatment and therapy and a permanent light duty work restriction. A loss of consortium claim was made by his wife.
Plaintiff claimed Vienna Beef, as owner, was liable for failing to perform a structural assessment of the roof and allowing work on an unsafe roof deck. Plaintiffs also claimed Evans Construction and Barnes Construction were Co-General Contractors and failed to supervise, instruct and direct Korellis Roofing’s work and safety and obtain an engineering assessment of the roof, failed to require 100% safety harness tie-off, and failed to warn plaintiff of the unsafe working conditions. The jury deliberated for approximately four hours returning a verdict for all defendants.