Widow's Lawsuit for Work Related Death As a Result of He Falling from a Ladder During Construction
In Block v. Lohan Associates, Inc., 269 Ill. App. 3d 745, 645 N.E.2d 207, 206 Ill. Dec. 202 (1993), the widow of a deceased construction worker filed suit against a number of contractors after decedent died when he fell from a ladder during the construction of an office complex.
Again, no one witnessed decedent's fall; however, testimony of plaintiff's preoccurrence and postoccurrence witnesses on the scene provided circumstantial evidence of proximate cause.
Summary judgment was granted on behalf of the defendants, and the appellate court reversed and remanded. Block, 269 Ill. App. 3d at 750-51.
In Block, the plaintiff was able to provide testimony from co-workers detailing the moments leading up to and within seconds after the decedent's fall.
Secondly, plaintiff offered a reconstruction expert to opine how it was that the decedent fell, thus offering direct opinion testimony on the issue of proximate cause. Block, 269 Ill. App. 3d at 757.