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Case of the Month February 2025

Parties Reach $395K Settlement Following Lift Bucket Accident at Construction Site in Oconomowoc

Farrington v. Architectural Homes LLC

Case Type:
Work Accidents - Construction

Specific Liability:
Bucket lift tipped over causing serious injuries

General Injury:
Tibial Plateau Fracture

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Related Court Documents:
Plaintiffs' complaint: 2021 WL 10716650
Stipulation for approval of settlement and for dismissal: 2023 WL 2955543
Order for approval of settlement and for dismissal: 2023 WL 2980621

Case Name:
Farrington et al. v. Architectural Homes, LLC et al.

Docket/File Number:
2021-CV-001147

Result Amount:
$395,000

Result Date:
February 08, 2023

Judge:
Brad Schimel

Attorneys:
Plaintiff: Tony M. Dunn, Habush Habush & Rottier SC, Racine, WI
Defendant: Joseph M. Mirabella, Simpson & Deardorff S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Orthopedic Surgeon: Mellon, Matthew, M.D., Milwaukee, WI
Plaintiff: Civil Engineer/Construction: Pestine, Gregory, P.E., Robson Forensic Inc., Chicago, IL
Defendant: Civil Engineer/Construction: Medlock, Rob, Safety Controls Technology Inc., Middleburg Heights, OH

Breakdown of Award:
Total Compensatory Award: $395,000
Comparative Negligence Percentage: 0

Summary of Facts:
Plaintiff Brendan Farrington, a 40-year-old male construction worker performing gutter installation work at a construction site with defendants Architectural Homes, LLC and Anders, Inc. as the general contractors, said the areal bucket lift he was using to perform his job tipped over, causing serious injuries.

The plaintiff reportedly suffered multiple injuries, including a tibial plateau fracture of his right knee for which he underwent multiple surgeries and was left with permanent impairment, still requiring a cane to walk.

The plaintiff, and his spouse Shannon, who sued for loss of services, contended the defendant contractors violated OSHA standards by creating a hazard of stored materials obstructing the access road which the plaintiff needed to travel, which caused the plaintiff to use an unstable surface, the wet grass near the roadway, while utilizing the lift. The plaintiffs further contended the defendants failed to provide those working on site, including Brendan, with a safe working environment.

The defendants denied liability, claimed the plaintiff's employer was responsible for the accident and observed that said employer and its worker's compensation carrier, Secura Insurance, were obligated to indemnify them for any amounts assigned to them. The defendants noted that OSHA investigated the incident and issued citations to the plaintiff's employer for failing to have a competent person assess the ground conditions to support the lift and to the plaintiff for his failure to wear a safety harness and lanyard. No citations were issued to the defendants.

The parties agreed to a settlement with a combined value of $395,000. Of this amount, Brendan received $107,487, Secura received $141,973 as reimbursement of paid medical expenses, $59,250 was provided on Shannon's loss of services claim and $86,290 went to the plaintiff's representing attorney.

Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2023 WL 7224843