Roofer claims shingles were thrown on top of him

Kelly Holleran Jan. 27, 2009, 9:47am

Garen Stulce has filed suit against a roofing company and one of its employees, alleging he was injured while working for the company after a bundle of shingles was thrown on top of him.

Stulce, who was employed by F-M Contracting at the time of the incident, was working on a home at lot number 23 in the Maple Hill subdivision in Belleville and was walking out of the home's garage when the shingles were dropped from the roof on top of him on May 17, 2007, at about 8:30 a.m., according to the complaint filed Jan. 22 in St. Clair County Circuit Court.

"Defendant by one of its employees and agents had thrown a bundle of asphalt shingles from the front gable of the roof striking the Plaintiff on his head and neck," the suit states.

Because of the incident, Stulce claims he sustained severe, permanent and progressive injuries, especially to his neck and suffered from disfigurement.

He also experienced disability, an increased risk of future harm from his injuries, pain and suffering, incurred medical expenses and lost wages, according to the complaint.

F-M Contracting and Darryn J. Ficken, who was responsible for employees at the site, were negligent by throwing the bundle of asphalt shingles off the roof and by failing to carry the bundle of shingles to the ground, Stulce claims.

They also failed to supervise their employees with respect as to how they carried the shingles down from the roof, failed to keep a proper lookout and failed to warn others that their employees were throwing shingles from the roof, according to the complaint.

In the four-count suit, Stulce is seeking a judgment in excess of $200,000, plus costs.

He is represented by Donald J. Ohl and Del A. Goldenhersh of Knapp, Ohl, Green and Marron in Edwardsville.

St. Clair County Circuit Court case number: 09-L-0027.

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