Philip Harnett Corboy, Jr. and Edward G. Willer of the Chicago law firm of Corboy & Demetrio secured a $2 million settlement for a worker who was backed over by a forklift and had an amputation as a result of his injury.
Online PR News – 05-June-2012 – Chicago, IL – Corboy & Demetrio lawyers Philip Harnett Corboy, Jr. and Edward G. Willer secured a $2 million settlement on behalf of a man from Huntley, Illinois who sustained an above-the-knee amputation of his left leg after he was backed over by a forklift truck.
The 49-year-old plaintiff was working as a lithographer and was employed by American Litho, Inc. on March 31, 2009, when a forklift truck operated by the defendant, Edgar Perez, an employee of the co-defendant Metro Staff Inc., backed over him without properly looking out for the presence of the plaintiff who was walking through the company plant.
The $2 million settlement, which was the full amount of Metro Staff’s insurance policy, came shortly after plaintiff’s counsel submitted a brief, which argued against a motion for summary judgment on the issue of the affirmative defense of “loaned servant.”
Defendant, Metro Staff, Inc., argued Perez was a “loaned servant” to American Litho, and it was completely barred from third party liability. Metro Staff also argued the only recourse Mr. Sperling had was a Workman’s’ Compensation claim. Conversely, defendant Metro Staff, Inc.’s, on-site representative testified that she had the authority to stop unsafe work practices of Perez at the American Litho plant.
“In most civil lawsuits, the affirmative defense of loaned servant raises a high hurdle to overcome,” attorney Edward G. Willer said. “In this instance, however, the loaned servant affirmative defense was rendered moot when Metro Staff’s branch manager testified that she could stop Mr. Perez for safety reasons on the job at American Litho,” Willer added.
Case information: Gary Sperling v. Edgar Perez and Metro Staff, Inc., a corporation; Case#2009L004953, Cook County Circuit Court, Hon. Diane J. Larsen.
About Corboy & Demetrio
Corboy & Demetrio is one of the nation’s premier law firms. It represents individuals and their families in serious personal injury and wrongful death cases and is renowned for its achievements in the courtroom and for its contributions to the community. The rights and concerns of its clients are at the core of Corboy & Demetrio’s practice. That commitment, dedication, compassion and relentless drive has resulted in exceptional service and exceptional results for its clients. The Chicago personal injury law firm has acquired more than $3 billion in settlements and verdicts and has attained almost 600 settlements and verdicts in excess of $1 million. To speak with Flip Corboy, Ed Willer or any Chicago personal injury lawyer at Corboy & Demetrio, call 312-346-3191.