An Illinois jury has rejected an artist's claim for damages stemming from his fall from a ladder, ruling in favor of the property owner.
Facts and Allegations
John Vargas, an artist/painter, alleged that he fell while descending an extension ladder on the premises of a Chicago building where he was painting a mural on an interior wall. He claimed that, as he was descending the ladder, it slipped from underneath him and caused him to fall approximately 10 feet to the ground.
Mr. Vargas filed a negligence suit against the property's owner/operator, Chicago Soccer Inc. His counsel alleged that Chicago Soccer had failed to provide him with a safe ladder and work space and that the failure to ensure that the ladder had been properly secured and was stable had caused it to fall, leading to his injuries.
Mr. Vargas sought recovery of $170,000 to $225,000, including $30,000 to $50,000 for disfigurement, $80,000 to $100,000 for pain and suffering, $15,000 to $30,000 for loss of normal life, and $45,000 for past medical expenses.
Defense counsel disputed liability, arguing, among other things, that Chicago Soccer did not own or assemble the ladder used at the work site, had not provided Mr. Vargas with the extension ladder, and that the negligence of Mr. Vargas and the restaurant operator that had hired him to work on the mural had caused the accident.
Result
The jury rendered a verdict in favor of Chicago Soccer.
The case is Vargas v. Chicago Soccer Inc., No. 14-L-8608 (Ill. Cook Cty. Circ. Ct. Nov. 22, 2016). Attorneys involved include: Todd D. Carcelli; Todd D. Carcelli Law Office; Chicago, IL, for Juan Vargas; Deepak K. Dass; In House Counsel, American Family Insurance Group; Chicago, IL, for Goal Bar Grill, Chicago Soccer Inc.
FC&S Legal Comment
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].