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Corboy & Demetrio Obtains $4.25 Million in Downstate Settlement for Injured Security Guard  

Corboy & Demetrio has obtained a $4.25 million settlement on behalf of Wayne Breymeyer, then a 74-year-old security guard, who was injured after falling from the top platform of a construction job trailer on Feb. 6, 2015, in Rossville, IL.

The plaintiff was represented by Corboy & Demetrio Partners William T. Gibbs and Edward G. Willer, who obtained the settlement at the Final Pre-Trial Conference.

The trial was to commence before Hon. Nancy S. Fahey in Vermillion County (Danville) Circuit Court on Sept. 13, 2021. The Defendants were Michels Corporation, the general contractor of the Project, and Apex Clean Energy, the developer. Morrison Security Inc., Breymeyer’s employer, was sued as a third- party defendant on the basis of contribution and indemnity. Morrison’s motion for summary judgment was denied.

On the day of his initial injury, Mr. Breymeyer fell from the top platform of the stairs onto a trailer while he was making his rounds.  A handrail had been removed by a Michels employee earlier in the day to facilitate the removal of trailer furniture.  Unbeknownst to Mr. Breymeyer, the handrail had not been replaced.  Wayne Breymeyer sustained a fractured right leg.  The leg became infected and eventually had to be amputated below the knee.

In his complaint, the Plaintiff alleged that the failure to replace the handrail on the date of incident and remedy the hazardous work condition and failure to inspect the premises to ensure that it was free from hazards that could endanger plaintiff were breaches of the Defendants’ duties.

“This settlement will provide Mr. Breymeyer with quality medical care so that he can rest assured of a dignified existence as he deals with his new reality, ” said Corboy & Demetrio Partner William Gibbs.

“This incident is Exhibit A in demonstrating how the quality of life, in a manner of seconds, can be dramatically diminished. The general contractors’ witnesses testified that it would have taken no more than 30 seconds to replace the handrail without the use of any tools,” said Corboy & Demetrio Partner Edward G. Willer.  “The lynchpin in this settlement was getting the workers’ compensation lien in excess of $1.4M reduced to $200,000,” Willer added.

Case #: 2017L10  Wayne Breymeyer v. Michels Corp.  Settled on Aug. 19, 2021.

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