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$1+ Million Premise Liability Case

CASE: Dunning v. AVI International & Dynegy Inc., 08-L-2
VENUE: St. Clair County, IL
VERDICT: $1.139 Million
DATE: November 22, 2013

Our client was a pipefitter who was working on the floor of the Dynegy power plant during a scheduled maintenance outage. He and his fellow workers were attempting to steer a 26,000 lbs. circulating pump which had been lowered onto a cart owned and manufactured by AVI International. A Dynegy employee was also pushing the pump with a forklift. The ultimate plan was for the pump to be driven to AVI headquarters in Connecticut to be serviced.

As the pump was progressing through the plant, it veered to the right, and our client was pinned between the pump and a steel beam, suffering debilitating crush injuries. He underwent multiple surgeries, lost his spleen, was left with nasty disfiguring abdominal scars, and missed several-months of work.

The defendants made no serious settlement offers. After the Plaintiff’s case, the Court directed a verdict against AVI on a products liability theory. The jury ultimately found the premises owner Dynegy 47% responsible, AVI 37% responsible, our client’s employer 10% responsible, and our client just 6% at fault.

The total verdict was $1,139,015.90