SETTLEMENT FOR $20.675 MILLION FOR TWO MEN INJURED IN BOURBONNAIS AERIAL MANLIFT FAILURE

Cogan & McNabola and Clifford Law Offices received a $20.675 million settlement today (Wednesday, Oct. 29) for two men who fell 30 feet to the ground from an aerial man lift platform in Bourbonnais, Illinois.

Rusty Wallace of Mokena, who was represented by Cogan & McNabola, obtained $7.675 million, which included a full release of his workers' compensation reimbursement and as a defendant in a lawsuit involving a man lift platform that collapsed in 2002. The case was settled before Judge Thomas Hogan as jury selection was about to get underway.

Wallace, a salesperson for Alexander Equipment Rental Company of Bourbonnais was demonstrating the man lift to Masching in the hopes of selling it to him. The man lift platform collapsed due to corrosion and deterioration of a critical connection that was necessary to maintain the platform in a level position, and the two men were thrown some 30 feet to the ground. It was alleged that Wallace failed to provide a lanyard or other fall protection to Masching. Masching suffered crushed ankles and heels as well as severe permanent injury to his back. Wallace also suffered acute and permanent injuries to his ankle and lower back.

On behalf of his client, Mark McNabola said, "This settlement completely vindicates Rusty Wallace's actions surrounding this tragedy. Rusty expected the product would operate safely but a latent defect in the product caused this calamity."