CILCO Electrocution Notice of Filing [2013]

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

PEORIA COUNTY, ILLINOIS

CHARLES HILL, JR. ) PLaintiff,

vs.

UNITED CONTRACTORS MIDWEST, INC. d/
b/a R.A. CULLJNAN & SON INC., a
Delaware Corporation;
CENTRAL ILLINOIS LIGHT COMPANY dlb/a
AMERENCILCO, an Illinois Corporation, Defendants.

Case No: I / ·· L – f (p 5″. ROBERT M SPEARS 

NOTICE OF FILING

To: ATTACHED SERVICE LIST

:Please take notice that on lVOvimbe.Y !& .. 20.Jj_, we have filed with the Circuit Court of The Tenth Judicial Circuit, Peoria County, Illlinois, the attached: PLAINTIFF’S

FIRST AMENDED COMPLAINT

CERTIFICATE OF SERVICE

Under penalties as provided by law, pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that a copy of this notice was mailed together with a copy of the foregoing document(s) to each party to whom it is directed on , 2011.

Attorney #35193
Ankin Law Office LLC
162 West Grand Avenue
Chicago, Illinois 60654
312.346.8780

SERVICE LIST

Thomas H. Wilson
Hepler Broom, LLC
400 S. Ninth Street Suite 100
Springfield, lL 62701
Attorney for Defendant, Central illinois Light Company d/b/a Amerencilco

Matthew S. Heffiefinger
Heyl, Royster, Voelker & Allen
124 SW Adams Street
Peoria, IL 61602
Attorney for Defendant, United Contractors Midwest, Inc.

Gregory G. Vacala
Rusin, Maciorowski & Friedman, Ltd
10 S. Riverside Plaza, Suite 1530
Chicago, IL 60606
Attorney for Defendant, Durdels Tree Services and Landscaping

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
PEORIA COUNTY, ILLINOIS

CHARLESErrLL,J.R. Pliaintiff,

vs.

UNITED CONTRACTORS MIDWEST, INC.,d/
b/a R.A. CULLINAN & SON INC-1 a
Delaware Corporation; CENTRAL
ILLINOIS LIGHT COMPANY d/b/a
AMERENCU.,CO, an Illinois Corporation, ) Defendants.

Case No: j / – L – / & JS . ROBERT M SPEAFiS

FIRST AMENDED COMPLAINT AT LAW

Cowzt I- Construction Negligence

NOW COMES Plaintiff, CHARLES HILL, JR. (hereinafter, “PLAINTIFF”), by his attorneys, ANKIN LAW OFFICE LLC, and complaining of UNITED CONTRACTORS MIDWEST, fNC. d/b/a R.A. CULLINAN & SON, TNC., a Delaware Corporation (hereinafter “CULLINAN”) states as follows:

1. That on and before June 3, 2010, Defendant CULLJNAN was a corporation operating in illinois and in good standing with the Secretary of State.
2. That on and before November 20, 2009, CULLINAN owned and/or were in charge of the design, supervision, erection, construction, repairs, alteration, improvement, paving and/or removal of structures including certain trees located at or near the 500 block of Northmoor Rd, City of Peoria, State of Illinois.
3. That at the aforesaid time and place and prior thereto, CULLINAN, individually and through their agents, servants and employees, were present during the course of such design, supervision, erection, construction, repairs, alteration, improvement, paving and/or removal of structures. CULLINAN participated in coordinating the work being done and designated various work methods, maintained and checked work progress and participated in the scheduling of the work and the inspection of the work.. In addition thereto, at that time and place, CULLINAN had the authority to stop the work, refuse the work and materials and order changes in the work, in the event the work was being performed in a dangerous manner or for any other reason. ..
4. That on June 3, 2010 PLAINTIFF was on or near 500 Northmoor Ave, City of Peoria, State of Illinois removing logs located adjacent to the street and in close proximity to power lines located overhead in his capacity as an employee for DURDEL & SONS LANDSCAPING TREE SERVICE per the design, plan and supervision of CULLINAN their employees, agents and/or assigns.
5. That while removing said logs, PLAINTIFF was electrocuted when the machinery PLAINTIFF was using to perform said work pursuant to the direction, design, supervision and/or plan of the CULLINAN’s came in contact with one of the overhead power lines.
6. That at the aforesaid time and place, and prior thereto, CULLINAN’s design, supervision, plan, erection, construction, repairs, alteration, improvement, paving and/or removal of structures located at or near the 500 block of Northmoor Rd, City of Peoria, State of Illinois placed PLAINTIFF in a position on and adjacent to the aforementioned property and CULLINAN either knew or in the exercise of reasonable care should have known was dangerous and likely to result in physical harm to the PLAINTIFF.
7. That at all times material to this Complaint, CULLINAN had a duty to exercise reasonable care in the designing, supervising, planning, erection, construction, placement, or operation of said construction site including the provisions of providing safe, suitable and appropriate barriers, fences, warnings, signs, flaggers, markings, or other instrumentalities suitable to either prevent or protect individuals while working adjacent to the property or warn of the hazards present therein.
8. Notwithstanding its duty, at said time and place, CULLINAN. by and through their agents, servants and employees, were then and there guilty of one or more of the following careless and negligent acts and/or omissions:

1. Failed to make a reasonable inspection of the premises, and the work being done thereon, when CULLINAN knew, or in the exercise of ordinary care should have known, that said inspection was necessary to prevent injury to the PLAINTIFF.
2. Improperly designed, supervised, operated, managed, maintained and controlled the aforesaid premises, so that as a direct and proximate result thereof, the premises and/or the manner in which the work was being performed on the premises was unsafe and the PLAINTIFF was injured.
3. Failed to provide adequate warnings, markings, flaggers or other instrumentalities to protect individuals from the hazards present where CULLINAN work was being performed.
4. Failed to warn the PLAINTIFF of the dangerous conditions then and there existing, when CULLINAN knew, or in the exercise of ordinary care should have known, that said warning was necessary to prevent injury to individuals present on or near the premises including PLAINTIFF
5. Failed to provide adequate safeguards to prevent the PLAINTIFF from injury while lawfully upon and/or adjacent to said premises.
6. Failed to properly supervise the work being done on the aforesaid premises to ensure that the premises was free from hazardous conditions and/or proper safeguards were in place including but not limited to ground markings and flaggers, to prevent injury to those on or adjacent to said premises to include PLAINTIFF.
7. Failed to institute or execute a construction site safety program and/or plan to ensure that the general public was not exposed to injury or harm
8. Caused an electrocution hazard to exist by allowing, planning supervising and/or acquiescing to the removal of Jogs in close proximity to active power lines;
9. Failed to ensure that safe construction was being performed in accordance to custom and practice in the construction industry and/or specific trade.

9. That as a direct and proximate result of the aforesaid careless and negligent acts and/or omissions of CULLINAN their agents, employees and/or assigns, the PLAINTIFF, then and there sustained severe and permanent injuries, both externally and internally, resulting in conscious pain and suffering, both in mind and body, and was hindered and prevented from attending to his usual duties and affairs and lost the value of that time as aforementioned. PLAINTIFF further expended and became liable fol’ large sums of money for medical care and services endeavoring to become healed and cured of said injuries.

WHEREFORE, the Plaintiff, CHARLES HILL JR, asks judgment be entered against 1the Defendants, UNITED CONTRACTORS MIDWEST, INC. d/b/a R.A. CULLINAN & SON, INC., a Delaware Corporation in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus the costs of this action.

Count ll-Negligence

NOW COMES Plaintiff, CHARLES HILL JR (hereinafter, “PLAINTIFF”). by his attorneys, ANKIN LAW OFFICE LLC, and complaining of CENTRAL ILLINOIS LIGHT COMPANY d/b/a AMERENCILCO, an Illinois Corporation (hereinafter “CILCO”), states as follows:

1. That on and prior to June 3, 2010, CILCO was in the business of transmitting, selJing, supplying and distributing electrical power and did own, operate, maintain, and control electric utility Jines and poles in the vicinity of 500 Northmoor Rd, City of Peoria, State of Illinois.
2. That CILCO owned, operated and controlled said power Jines for the purpose of selling electricity therefrom.
3. That the wires overhead in the vicinity of 500 Northmoor Rd, city of Peoria, State of Illinois carried a potentially lethal voltage of72kV.
4. That despite the extremely high voltage, in various places the overhead wires in the vicinity of 500 Northmoor Rd, City of Peoria, State of Illinois were not insulated.
5. That on and for some time prior to June 3, 2010, a large scale construction project was underway for the purpose of widening the road at or near 500 Northmoor Rd., in the City of Peroria, State of Illinois.
6. That Co-Defendant, CILCO had knowledge of this road widening project on and prior to June 3, 2010 as this project would ultimately require the removal and/or relocation of various electricity poles, electricity lines, and other conduits of electricity owned, managed and/or maintained by the Defendant CILCO located at or near 500 Northmoor Rd, City of Peoria, State of Illinois.
7. That Co-Defendant, CILCO was further aware on and prior to June 3, 2010 that various trees were located in the area of the road widening project and either knew or should have known that removal of these trees would be required for performance of the road widening project.
8. That Co-Defendant, CILCO either knew or should have known that removal of these trees would require the use of crane and/or other vehicles which would be coming into close proximity of said overhead power lines.
9. PLAINTIFF was on or near 500 Northmoor Ave, City of Peoria, State of Illinois removing logs located adjacent to the street and in close proximity to power lines located overhead in hi!; capacity as an employee for DURDEL & SONS LANDSCAPING TREE SERVICE per the design, plan and supervision of DEFENDANTS their employees. agents and/or assigns.
10. That the performance of PLAINTIFF’S job duties required the use of a bucket truck which had an overhead lift crane.
11. Illinois Courts have frequently held that “Electricity is a silent, deadly. and instantaneous force, and one who uses it for profit is bound to exercise care corresponding to the dangers incident to its use.” Merlo v. Public Service Co. of Northern Rlinois, 381 Ill. 300, 312 (1943) citing Austin v. Public Service Company ofNorthern Illinois, 299 111. 112.
12. An electric company owes the legal duty toward every person who, in the exercise of a lawful occupation in a place where he has a legal right to be, whether for business, pleasure or convenience, is liable to come in contact with electrical wires to see that such wires are properly placed with reference to the safety of such person and are properly insulated. Merlo v. Public Service Co. of Northern Illinois, 381 Ill. At 314 citing 18 Am.Jur. p. 845.
13. That, among other things, CILCO was negligent in failing to properly insulate its wires in an area where it knew or should have known that workers like the PLAINTIFF in the course of his work duties would be using large cranes in close proximity to overhead wires.
14. That at said time and place, the Defendant, CILCO, by and through its employees, agents, and/or assigns carelessly and negligently:
    1. Failed to properly insulate wires in an area where it knew or should have known that heavy machinery would be in use.
    2. Failed to de-energize overhead power lines in the vicinity of 500 Northrnoor Rd, City of Peoria, State of Illinois, when it knew or should have known that failing to do so presented an unreasonable risk of harm to workers lawfully in the area including PLAINTIFF.
    3. Failed to appropriately mark the area near 500 Northmoor Rd, City of F’eo ia, State of Illinois to ensure that there was sufficient clearance to operate heavy machinery in the area;
    4. Failed to ensure there was adequate clearance between the electrical wires and the roadway located at or near the 500 block of Northrnoor Ave, City of Peoria, State of Illinois for the use of the machinery necessary to perfonn tree removal;
    5. Failed to implement and enforce proper and/or adequate safety measures to ensure that individuals similarly situated to the PLAINTIFF would not be exposed to possible electrocution from the use of cranes and other tall machinery in close proximity to said overhead power lines; 
    6. Was otherwise careless and negligent
15. That as a direct and proximate result of one or more of the aforesaid wrongful acts or omissions of the defendant, CILCO, a vehicle owned and operated by DURDEL TREE SERVICE carne into contact with the power lines, which resulted in the electrocution of PLAINTIFF. 16.
16. That as a direct and proximate result of the aforesaid careless and negligent acts and/or omissions of CILCO their agents, employees and/or assigns, the PLAINTIFF, then and there sustained severe and permanent injuries, both externally and internally, resulting in conscious pain and suffering, both in mind and body, and was hindered and prevented from attending to his usual duties and affairs and lost the value of that time as aforementioned. PLAINTIFF further expended and became liable for large sums of money for medical care and services endeavoring to become healed and cured of said injuries.

WHEREFORE, the Plainti{‘4 CHARLES HILL JR, asks judgment be entered against the Defendant, CENTRAL ILLINOIS LIGHT COMPANY d/b/a AMERENCILCO, an Illinois Corporation in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus the costs of this actio11-

Attorney #35193
ANKIN LAW OFFICE, LLC
162 W. Grand Avenue
Chicago, Illinois 60654
(312)346-8780

”‘ IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT PEORIA COUNTY, ll..LINOIS

CHARLES HILL, JR. Plaintiff,

VS.

UNITED CONTRACTORS MIDWEST, INC., ) d/
b/a R.A. CULLINAN & SON INC., a
Delaware. Corporation; CENTRAL
lLLINOIS LIGHT COMPANY d/b/a
AMERENcn..cO, an Illinois Corporation, Defendants. )

Case No: 

RULE 222<Bl AFFIDAVIT

i, Howard Ankin, being first duly sworn on oath, depose and state that the amount of damages sought in the above-captioned cause of action does exceed $50,000.00 for the Plaintiff.

SUBSCRIBED AND SWORN to before me this }S:I.day of A!Vil’t b<-, 2011. d J;J;:;=

PUBLIC

Attorney #35193
ANKIN LAW OFFICE, LLC
162 W. Grand Avenue
Chicago, Illinois 60654
(312)346-8780
(312)346-8781