$5.745 Million Verdict for Union Carpenter Who Developed Stage III CRPS After Drill Bit Wrapped His Ulnar Nerve
Won by Horwitz, Horwitz & Associates.
A Cook County jury awarded $5,745,600 to Local 10 journeyman carpenter Gary Markovich after a superintendent's drill bit wrapped his ulnar nerve during work at Northwestern Prentice Women's Hospital, producing stage III CRPS that ended his career -- at the time the largest non-amputation hand-injury verdict in Illinois history.
What happened
Gary Markovich was a journeyman carpenter and member of Carpenters Local 10 working for Ventura Enterprises, a subcontractor hired by general contractor ISEC, Inc. to install partitions and changing-room doors in the basement of Northwestern Prentice Women's Hospital in Chicago. On the morning of the incident, an ISEC superintendent stepped in to assist with door installation. Within two minutes, the superintendent drilled straight through Markovich's dominant right hand.
The drill bit wrapped Markovich's ulnar nerve, triggering a cascade of damage that his treating physicians diagnosed as stage III CRPS-II, also known as causalgia -- the most severe classification of complex regional pain syndrome and one that indicated confirmed nerve involvement. All three of Markovich's treating doctors testified that he could never return to work as a carpenter or to any occupation requiring normal hand function. The medications required to manage his pain added a further barrier to employment.
Markovich initially sought counsel from another Chicago personal injury firm, which told him he had no third-party case. He then retained Clifford Horwitz and Jay Luchsinger of Horwitz, Horwitz and Associates. The firm filed suit in Cook County Circuit Court (No. 09 L 8227). ISEC's insurer, Liberty Mutual, made no settlement offer throughout five years of litigation.
At trial, the firm argued that ISEC violated its own worksite safety procedures by allowing an untrained supervisor to operate a drill in proximity to another worker without proper protocols. The defense contested liability and challenged the extent of the injury. After a week-long trial, twelve Cook County jurors returned a verdict of $5,745,600 in favor of Markovich.
The Illinois Jury Verdict Reporter, published by Law Bulletin Media, confirmed the award as the largest verdict in Illinois for a non-amputation hand injury, exceeding the prior record of $4.2 million. No appellate reduction of the verdict has been reported in publicly available court records.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Chicago Daily Law Bulletin (Law Bulletin Media): 'Carpenter gets $5.7M from Cook Co. jury' (May 29, 2014) -- staffed verdict reporter; note the /05/30/ seed URL redirects to lawyerport.com but this /05/29/ archive URL was returned directly by search
- 2.Illinois Jury Verdict Reporter, Law Bulletin Media -- editorially staffed database that confirmed this award as the Illinois record for non-amputation hand injury