A second negligence lawsuit in an accident that sent two workers plummeting June 6 from scaffolding at an $815 million project under construction at the University of Chicago Medical Center has been filed v. Turner Construction Co. and Adjustable Forms Inc. from Lombard, Ill. .
The second complaint was filed June 20 in Cook County Circuit Court on behalf of Christine O’Donnell, the mother of David O’Donnell, 27, a Local 130 technical engineer who died after being thrown ashore from the 8th.th floor where he and a hardware worker, Jeffrey A. Spyrka, 36, a member of Local 1, were working on an exterior elevator shaft at the Comprehensive Cancer Center under construction in Chicago’s Hyde Park neighborhood.
Spyrka suffered catastrophic injuries, but survived the crash. Both Spyrka and O’Donnell’s family are represented by personal injury firm GWC Injury Lawyers in Chicago, which names the general contractor, Turner, and the scaffolding supplier, Adjustable Forms, as responsible for erecting a scaffold which was “incredibly poor”, according to a press release.
“…the scaffolding system had to be designed and constructed in such a way that the sides of the scaffolding, where they meet to create a corner, would not inadvertently separate from each other in any way, especially where they could create a gap or opening in the floor of the scaffolding system,” the lawsuit states.
GWC alleges that the scaffolding separated when subjected to an estimated 44 mph wind gust. “The southwest corner that separated causing these catastrophes was not properly connected to be considered a safe support for workers or material,” GWC alleges.
The suit also alleges that the scaffolding had no beams below the floor, which run from the west scaffolding to the south scaffolding, creating a significant gap, it alleges, in the structural support of the scaffolding He further alleges that a 3-foot gap between the two scaffolds was bridged with a 4-foot piece of plywood connected with three nails on the west scaffold and three on the south scaffold.
“The point of failure was exactly on that bridge when the scaffolding shook violently, separated at that corner, and the bridge, where Spyrka was and [with] David O’Donnell inches away, he simply disappeared and fell to the ground,” states a GWC press release.
GWC also alleges that the scaffolding was not designed or constructed to have corner overlap interlocking, which is created when one scaffolding extends and sits on top of another with a substantial interlocking piece bolted to connect both scaffolds, thus preventing separation. The law firm alleges that the two scaffolds should have been taped/locked together with wiring around the vertical columns above and below the floor deck area as another means of ensuring that scaffolds do not separate under any conditions.
“Instead, they used a piece of plywood and 6 nails as if they were building a tree fort in the backyard instead of this massive structure to support multiple men and heavy equipment in reasonably predictable high winds,” states the press release. “The level of culpability here goes far beyond being negligent. It was a complete and utter disregard for the health and safety of the workers on this scaffold.”
The law firm expects to add more parties to the lawsuits once the discovery process begins and it learns the names of the companies and others involved in building the scaffolding system.
Chris McFadden, a spokesman for Turner, said, “We are aware of the court filing and continue to support ongoing investigations by all relevant agencies and entities.”
Following the filing of the Spyrka lawsuit, which was filed in Federal Court in Chicago, Eric Lindquist, president of Adjustable Forms, said “We are aware of the recent statements and remain deeply saddened to hear of this accident… Safety is central to what we do, and Adjustable Concrete is partnering with Turner Construction to support a full investigation into this matter along with Occupational Safety and Health Administration (OSHA)”.
