Shawn Davidson v. Nations Roof d/b/a TRS Metal & Roofing, LLC

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CONSTRUCTION ACCIDENT: $1.8 MILLION

Injuries claimed: Crush injury to left foot with lateral malleolus fracture; multiple metatarsal fractures; closed degloving injury to left thigh, resulting in permanent lymphedema; left midfoot post-traumatic arthritis; left olecranon fracture; post-traumatic stress disorder

Court: Milwaukee County Circuit Court

Case name: Shawn Davidson v. Nations Roof d/b/a TRS Metal & Roofing, LLC

Case number: 08CV013154

Judge: Honorable William S. Pocan

Verdict & settlement: $1,800,000 settlement

Special damages: Past medical expenses of approx. $275,000; future medical expenses of approx. $94,000; past wage loss, impairment of future earning capacity and lost pension benefits of between $641,352 and $1,297,943

Date of incident: Aug. 16, 2006

Disposition date: Nov. 3, 2009

Original filing date: Sept. 18, 2008

Plaintiffs attorney (firm): Edward E. Robinson, Cannon & Dunphy, SC

Defendants attorney (firm): Timothy Bascom, Bascom, Budish & Ceman, SC

Insurance carrier: CNA

Plaintiffs expert witnesses: Charles M. Recard (liability); Dr. Joseph Sizensky (orthopedics); Dr. N.M. Reddy (physical medicine and rehabilitation); Dr. Brad Grunert (psychologist); Marvin DeVries (economist); John Baumgart (vocational)

Defendants expert witnesses: William Dunlop (liability); Dr. Timothy Lynch (psychologist); Jubin Merati (economist); Leanne Panizich (vocational)

Defense counsel’s summary of the facts: This case arose out of an accident that occurred on Aug. 16, 2006 at the Columbia-St. Mary’s Professional Building/Whole Foods Building construction site located at East North Avenue and North Prospect Avenue in Milwaukee. At that time, the plaintiff Shawn Davidson, an employee of C.G. Schmidt, the general contractor, was run over by a 22,000 pound Genie Z60/34 aerial lift truck being operated by the defendant, Joseph Hess, an employee of the defendant Nations Roof North, LLC, f/k/a TRS Metal & Roofing, LLC, a sub-contractor on the job site. At the time, Davidson was the flag man on the job site, and was directing Hess eastbound on North Avenue traveling toward North Prospect Avenue. Their intention was to position the Genie onto the sidewalk in order for Hess to perform metal work on the awning nearest to the intersection with North Prospect. In order to do so, Davidson would need to direct Hess around several vehicles that were parked along the side of North Avenue. At the same time, Davidson would also need to control oncoming traffic traveling westbound on North Avenue. As they approached the area where the lift needed to be placed, Davidson instructed Hess to stop the lift so that he could direct oncoming traffic. At approximately 7:50 a.m., Davidson was standing near the front of the lift facing and controlling oncoming traffic. Unfortunately, Hess, without having received any signal from Davidson that it was safe to proceed, drove the aerial lift truck forward, running over Davidson’s left leg, and crushing him.