Patton & Ryan

The Melgoza case yielded outstanding results for Patton & Ryan and defendant, Meccon Industries, Inc. John Patton was asked to “parachute” in on the case as lead trial lawyer after all discovery was closed. The case arose from a construction accident that occurred in December of 2001 at the Roseland Pumping Station in Chicago, Illinois. Plaintiff Aurelio Melgoza was injured when he fell over a wooden guard rail approximately 12 feet, from the third floor to the second floor of the station. As a result of the fall, Melgoza suffered an incomplete L1 spinal cord injury and lumbar compression fracture at L2, resulting in paraplegia. At the time he was an employee of Galaxy Environmental, Inc. who operated under subcontract with Meccon to perform the boiler demolition and removal. Melgoza was 24 years old at the time of accident and lives with his fiance and his two young children.

Plaintiff contended that Meccon was negligent in permitting an open hole with insufficient safety railing to exist at the location of the accident and failing to install/require the use of safety harnesses, tie-offs, and other fall protection measures in that area. It was also alleged that defendants failed to enforce safety provisions of their contracts and encouraged superintendents of plaintiff’s employer Galaxy to ignore and violate those requirements. Mr. Patton defended Meccon on the grounds that the plaintiff was an experienced supervisor who was himself negligent in failing to utilize his issued harness and lanyard to tie-off in that location.

Mr. Patton undermined plaintiff’s case by emphasizing that comprehensive pre-work safety meetings were held onsite every morning and that these meetings were much more effective in training workers and emphasizing safety than any document. Mr. Patton produced safety meeting sign-in sheets demonstrating that all Galaxy workers on the job, including plaintiff, attended these meetings and were trained in the use of fall protection. Furthermore, through successful examination of plaintiff’s supervisors and co-workers, Mr. Patton established that these meetings were part of a comprehensive safety program active on the site and also that Meccon was an active and effective participant in that program.

The turning point in the trial came during two days of examination of the plaintiff, when Mr. Patton successfully impeached him on several critical issues, including his story regarding how the accident occurred and events leading up to the accident. Visibly shaken after the encounter, the plaintiff’s credibility before the jury was all but destroyed.

Melgoza suffered an L1 incomplete spinal cord injury and lumbar compression fracture at L2, resulting in paraplegia due to Cauda Equine syndrome. Plaintiff’s economic expert estimated his lost wages claim to be in the range of $1.7 to $2.1 million. Plaintiff claimed approximately $2 million in future life care costs and another $4.6 in damages for alleged loss of normal life. He also sought $2.3 million compensation for future suffering. Meccon was able to establish that several items in the life care plan were unnecessary and that plaintiff would be able to return to work and earn substantial income, thereby reducing by at least one-third his projected lost wages claim.

In closing arguments, the plaintiff’s attorney, Timothy McCardle, asked the jury for an award of $11.5 million, down from his previous settlement demand of $22 million. The jury deliberated over the course of two days but was unable to reach a unanimous verdict. Judge McCarthy declared a mistrial. A subsequent jury poll revealed that nine of the twelve jurors fully favored a defense verdict. The remaining 3 had the plaintiff at 48%, 49% and 50% at fault. This case represented another example of how hard work and aggressive trial techniques prevented a catastrophic verdict. The retrial is currently scheduled for June 15, 2005. Stay tuned.