Welder alleges negligence in workplace fall

Dan Harkins Jun. 28, 2015, 1:00pm

A welder is suing a local contractor, alleging negligence at a construction project after he fell from second-floor scaffolding.

Pablo Vieyra filed a lawsuit June 12 in Cook County Circuit Court against Vivify Construction of Illinois, alleging negligence and carelessness.

According to the complaint, on May 18, Vieyra was working as a welder for Victoria Metal Processor Inc. at a four-story construction project overseen by Vivify at 1249 W. Madison St., Chicago. On that day, Vieyra was welding "the lintel beam and post ... being lifted by a crane," the lawsuit states, but the crane "lurched forward, striking [Vieyra] and causing him to fall from the second-story scaffold to the ground."

The suit says the defendant was negligent and careless by failing to inspect the premises and work being done, provide the plaintiff with a safe workplace, supervise the work, and require an adequate amount of workers on the project. Vivify Construction is also alleged to have improperly managed the premises, allowed the lifting of an I-beam by a crane when it was unsafe, and requiring Vieyra to work on an unsafe scaffold.

As a result, the lawsuit states, the plaintiff suffered serious injuries, pain and suffering, loss of a normal life, disfigurement and medical expenses.

Vieyra seeks damages in excess of $50,000, plus costs. He is represented by attorney Daniel J. McDevitt of McDevitt Law Offices of Chicago. 

Cook County Circuit Court case number 2015L006001.

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