Montgomery man awarded $4.15 million for accident
BY ERIKA WURST firstname.lastname@example.org October 8, 2012 2:06PM
Updated: October 8, 2012 8:13PM
A 29-year-old Montgomery man has won a $4.15 million personal injury lawsuit against the city of Elmhurst, following a work-related accident that left him with chronic pain and disability.
Joshua Jaeger fractured his femur and suffered a soft tissue back injury during a November 2009 fall at an Elmhurst Public Works garage where he was providing the city with an estimate on a broken garage door spring.
According to court records, a city employee used a city’s forklift to lift Jaeger, a garage door serviceman, 16 feet in the air. As Jaeger moved from one side of the platform to the other, the platform fell to the ground, and Jaeger fell to the concrete floor below. Jaeger’s attorneys said their client severely fractured his right femur and injured his back.
Jaeger’s attorney, Josh Weisberg, said Elmhurst denied Jaeger’s back injury was related to the fall and argued the fracture healed well and would not present substantial problems in the future. The city also argued that Jaeger’s loss of earnings was minimal because he worked for a small family business and may take over the business one day with his brothers.
But before trial, the city admitted negligence. On Friday, a DuPage County Court jury awarded Jaeger $1.86 million for lost earning capacity, $1.3 million for pain and suffering, and $1 million for loss of a normal life.
“Mr. Jaeger was hurt through no fault of his own, and instead of being a 26-year-old hardworking garage door serviceman with a bright future, he is a 29-year-old high school graduate with chronic pain and disabilities which he will be forced to live with for the rest of his life.” Weisberg said. “This verdict is not a windfall, it is proper compensation for the amount of economic and non-economic harm the City has caused to Mr. Jaeger’s life.”