A Cook County judge has awarded $5.9 million to the widow of a Wisconsin electrician who was killed after being hit by a truck while working in an IDOT construction zone in Elmhurst.
Daniel Green, a 38-year-old employee of Hecker Electric, was struck and killed on Sept. 12, 2011, by a semitrailer driven by Martin Montelongo.
Attorneys Timothy J. Cavanagh and Michael J. Sorich alleged in a wrongful-death suit that the construction companies did not follow safety standards required by the Illinois Department of Transportation. The case was set for trial Tuesday.
Attorneys said Green was working about four feet from the road at the intersection of York Road and Lake Street early that morning when the truck made a sharp right turn from York Road onto Lake.
The attorneys alleged that safety barricades and drums required by the contracts and project conditions were not properly placed. They said proper placement of barricades and drums would have steered the truck away from the curb and prevented Green's death.
Green was conscious for a few minutes after impact but died of massive traumatic injuries at Elmhurst Hospital. He is survived by his wife, Mary Kriete-Green.
Cavanagh Law Group filed the wrongful death suit in 2011 alleging the trucking company, general contractor, subcontractors, an IDOT employee and project engineers were responsible for Green's death.
The defendants were Montelongo, Adans Trucking Inc., Martam Construction Inc., Traffic Control and Prevention Inc., RW Dunteman Co., R&G Engineering, Collins Engineers Inc., and several employees.
"The construction companies responsible for safety and temporary traffic control failed to place any barricades or drums to protect Dan Green" Cavanagh said in a written statement. "An employee of R&G admitted that 60 percent to 70 percent of trucks drove over the curb. This admission was confirmed by photos in the area that showed old tire tracks.
"Despite this evidence, the defendants recklessly allowed Dan Green to work close to the roadway with no traffic protection. This was a preventable and foreseeable tragedy."
As part of the settlement agreement, Green's employer, Hecker Electric, waived its lien and contributed $400,000 to the settlement.