+ Ten Recent Cases

Personal Injury Defense:
Plaintiff injured as result of kicking on the glass panel of a locked entrance door. Glass failed and shattered causing serious injury. Door was 40 years old, complied with building code at time of installation, no intervening codes or ordinances requiring retrofit of glass. Glass met current safety glass standards when installed.

Property Damage/Professional Liability Defense:
Plaintiff suffered monetary damages and construction delays due to alleged failure of design professional and asbestos abatement design consultant to properly coordinate the Asbestos Abatement Documents with the Construction Documents. Case involved design professional standard of care issues and counter claim of unjust enrichment.

Personal Injury Defense:
Plaintiff sought recovery for injuries sustained in fall allegedly caused by Condominium Association’s failure to properly install storm water management system and maintain driveway ice free during winter in northeast. Case involved building code, residential code and property maintenance code compliance issues.

Personal Injury – Plaintiff
Plaintiff injured when rushing into a relative’s house from a rear patio at night in the dark in response to a distress call from inside. Plaintiff ran into and through a glass patio type door inside the house which had been retained as originally designed when the original patio was enclosed to provide a family room addition to the home. Case involved analysis of code issues related to the addition and whether current codes should have triggered modification to the existing door (replacement of safety glass, installation of an intermediate metal of wooden bar at mid height of the door, other visual clues as to the presence of a glass opening. Examination of photos taken at the site of the accident revealed that the door in question was back lit at the time of the accident making it virtually impossible for plaintiff to have any clear visual clue that a closed glass door was in their path.

Personal Injury Defense:
Potential plaintiff injured when climbing an 8 foot high chain link fence. Counsel for property owner sought professional opinion regarding building code, regulatory and industry standards compliance on the part of the designer and constructor of the improvement.

Property Damage/ Professional Liability Defense:
Plaintiff suffered monetary damages as result of allegedly faulty plans and specifications for a large garage addition to an existing residence. Partially completed building collapsed during a winter snow storm. Case involved improper detailing and construction, occupancy of the building without a certificate of occupancy, abandonment of the project by the contractor as a result of the alleged failure to pay by the owner of the property, and improper occupancy type and design loads on the building permit application.

Property Damage/Personal Injury Defense:
Plaintiff suffered monetary damages to vehicle and personal injuries when confused by traffic pattern and directional arrows in a strip mall parking lot, jumping two curbs upon attempting to exit the parking lot. Case involved analysis of construction documents for the parking lot including parking lot stripping and directional arrows; use of inappropriate paint on freshly placed asphalt; and improper location of directional arrows.

Personal Injury – Plaintiff:
Plaintiff injured when the cleats supporting treads of an exterior stair failed causing plaintiff to fall down the stair. Case involved analysis of the design and construction of the stairway and landing; building code compliance issues regarding handrails, riser and tread design, uniformity of riser heights; and failure to provide an intermediate landing in the stairway.

Personal Injury/ Professional Liability Defense:
Plaintiff was injured making a predawn entranced into a new building by snow and ice falling from the low slope roof of the pre-engineered metal building. Plaintiff sued the Architect and General Contractor for negligence. Case was complicated by the fact that plaintiff was employed by the building owner who had taken early occupancy of the unfinished building to complete tenant improvements to the building. The Owner had instructed their employees to avoid the side entrances of the building and to use the gabled end entrances to access the building. Contractual issues related to who was in control of the construction site at the time of the accident were a factor. Failure of the contractor to repair/replace a previous failure of the unfinished building’s gutter system due to snow loads and alleged improper construction procedures was also a factor. The addition of snow and ice guards to the building which would have mitigated the risk of such an accident had been delayed for a variety of reasons. Responsibility for job site safety was also a factor.

Personal Injury – Plaintiff:
Plaintiff was injured during the collapse of a second story deck during a college party at a lakefront cottage. An examination of the site, photographs, debris and the repaired/replaced deck revealed improper construction techniques and detailing which resulted in the failure of the original wooden cleats and nails used to support the structural perimeter beams at the columns supporting them. Improper nailing, improper foundations, lack of metal framing accessories, inappropriate nails for exterior use and failure to use fasteners of sufficient size and or quantity were all factors in the failure. Code required design live loads could not be supported by the original design and construction.