Work Inj./Invitee --Trucker Falls on Lading Dock -- Knee Replacement
Dennis Thomas v. Johnson Controls Inc. 00L-5405 (refiled from 97L-3135) Tried Aug. 13-21, 2001
As reported on page one of the Cook County Jury Verdict Reporter

VERDICT:   $343, 810 ($47,302 medical; $46,508 LT; 120,000 disability; $5,000 disfigurement; $125,000 pain & suffering)
PLTF ATTY: William S. Wojcik of William S. Wojcik Ltd.  (Oak Lawn) DEMAND: $450,000 ASKED: $594,310
DEFT ATTY: Edmund S. McAlister of Sachnoff & Weaver (HARTFORD) OFFER: $100,000
PLTF MEDL: Dr. Paul Gruska (Orthopedist); Dr. Mark Wasylenko (Orthopedist) 

FACTS: September 29, 1995, pltf truck driver was returning to his truck after delivering a load of lead ore to deft’s battery plant in Geneva when he slipped and fell on an alleged oil spill on leading dock #3.  Fall was unwitnessed but reported to company nurse.  Pltf M-59 claimed the fall caused a torn right medial meniscus requiring arthroscopic surgery 20 months later and right knee replacement in Oct. 2000 ($47,302 medl., $46,508 LT 33 weeks).  Defense denied notice of spill and contested injury extent and casual relation of surgery, pointing to pltf’s severe pre-existing degenerative osteoarthritis and his 12 subsequent falls occurring between the date of accident and the date of his arthroscopy.  Pltf maintained that he was asymptomatic prior to his first fall at deft’s plant and that all subsequent falls were due to his weakened condition.  Both treating doctors testified that pltf would have required future knee replacement notwithstanding this occurrence.  Deft post-trial motions are pending.