$2.3 Million Settlement for Injured Construction Superintendent

January 25, 2007 - A $2.3 million dollar settlement has been negotiated in a case involving a construction superintendent who was injured on January 21, 2002, when he slipped and fell on ice next to a downspout. The lawsuit superintendent claimed in his lawsuit that the downspout had been constructed in such a manner that it drained water onto a shared front walkway of two new town homes built by the defendants in the summer of 2001. The defendant, Westfield Homes of Illinois, Inc., was the general contractor that built the town home where the plaintiff fell and Seamless Gutter Corp. was the gutter and downspout subcontractor that installed the downspout. In the fall of 2001, the plaintiff's employer, Cambridge Homes, purchased the job site and continued construction of the subdivision. While on the job site for three months prior to his fall, the plaintiff claimed he did not notice the configuration of the downspout. The general contractor and gutter and downspout subcontractor denied that downspout was improperly installed and argued that the danger was open and obvious. The settlement was reached on the day before a jury trial was set to begin in Chicago.

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