Lawsuit on Behalf of Family of a Chicago Road Worker Killed at Worksite

September 11, 2015

Attorneys David Rapoport and Matthew Sims filed a lawsuit this morning in Chicago on behalf of the wife of a 48-year-old man who was killed as a result of a worksite accident that occurred on September 12, 2013, at a road resurfacing project on the Southside of Chicago on the 6200 block of South May Street. The deceased, a father of three and grandfather of four, resided in Yorkville, Illinois, with his family.

According to the lawsuit the victim was using a Wirtgen W-50-DC road milling machine when his leg became entrapped in the rotating grinder, pulling him into the machine up to his chest, resulting in severe injuries and his death. He was pronounced dead at the scene.

The lawsuit faults Wirtgen America, Inc., and its German parent corporations for improperly designing the machine without adequate safety devices to prevent the rotating grinder from spinning when an operator is nearby. The lawsuit also faults the distributors of the machine for failing to ensure that it was safe before it was sold for use.

The family in this wrongful death lawsuit is represented by attorneys David E. Rapoport and Matthew S. Sims of Rapoport Law Offices, P.C., in Chicago. According to Mr. Rapoport, who has represented injured workers and their families for over 30 years: "This is a truly sad case that involves the unnecessary death of a father and grandfather because this machine failed to have industry standard safety devices." Mr. Sims added that, "The additional tragedy to this untimely death at such a young age was the conscious pain and suffering endured as the victim was dragged into the rotating grinder of the machine before he died."