After an 18 year long battle, with severe pain and financial distress, Chicago man, Kevin Montgomery has finally won restitution from his former workplace. Montgomery worked in the construction field for sub-contractor, Bovis Lend lease Inc. On a wintery day, Montgomery was required to move multiple carts of wood to a subsequent location. After slipping on a patch of unseen ice, his life drastically changed forever. As he hit the ground, his back was twisted, causing life-long severe injuries to his spine.
Since the time of his injury, Montgomery had two lumbar fusing procedures. The procedures provided him some short term relief. His condition worsened into the development of arachnoiditis. This painful condition, happens when large amounts of inflammation around the spinal cord send out persistent signals of pain. Over time scar tissue develops, creating a pain so severe that it cannot be treated with any form of physical therapy, surgery, or pain medication.
It us the responsibility of every employer to provide a safe and secure working environment for employees and contract workers. Similarly, all private property owners and public property operators are responsible for ensuring that the property is safe. In cases where weather conditions render it unsafe, the place should not be utilized.
The horrific negligence on behalf of the subcontractor for Bovis Lend Lease Inc. has rendered Mr. Montgomery ineligible to return to his work in the construction industry for the rest of his life, which has caused him great pain and suffering. Additionally, he is unable to make a living in other industries because of the extensiveness of his pain. Thus he is unable to earn an income.
Two years following his accident, he filed a lawsuit against the subcontracting company Bovis Lend Lease Inc., citing employer negligence. The defendant originally tried to place the blame on Montgomery, for not using proper caution when completing his duties. However, Bovis Lend Lease Inc. had signed a contract agreeing “to clear snow and ice when needed or requested”. This was a clear case of negligence on the part of Bovis Lend Lease Inc.
After a long court battle the main question came down to, who was responsible for clearing the ice and snow. It became clear by the conclusion of the trial that the liability for the clearing of ice or snow fell under the responsibility of Bovis Len Lease Inc. One day prior to the Cook County judge giving his ruling on the case, Bovis Lend Lease Inc. offered Mr. Montgomery a generous settlement of 3.5 million dollars. Montgomery accepted the settlement and the case was closed.
Many individuals are afraid to contact a slip and fall accident attorney out of embarrassment or because they think it may be their fault. It greatly depends on the situation and the variables involved. In many cases, when you slip and fall on private property due to the negligence of the property owner (or company), you may be entitled to some form of restitution. Contact a slip and fall accident attorney today for a consultation or to get started winning your case. John Bales Attorneys are great choice.