Boy's bike injury near law firm construction site at trial

A case against Plocher Construction Co. involving injuries suffered by a boy riding his bicycle near the construction site of the law firm Byron Carlson Petri & Kalb is going to trial in Madison County Circuit Judge Barbara Crowder’s court.

The lawsuit alleges that Trevor Brady, then 13 years old, came into violent collision with angle irons that had been suspended across the sidewalk on the north side of the 400 block of St. Louis Street on March 5, 2010. He suffered head, face, jaw, teeth, nose, mouth and nasal cavity injuries which resulted in disfigurement, the suit claims.

A jury was picked Monday afternoon and opening arguments took place at 3 p.m.

The trial seeks to assess damages only.

Chief Judge Dave Hylla had presided over the case, but assigned it to Crowder for trial citing a scheduling conflict.

On Monday, Hylla entered an order dismissing with prejudice punitive damage claims.

The suit claims that Plocher violated terms of its building permit by placing construction materials on the sidewalk without barricading the sidewalk, among other things.

Trevor’s parents Dannette Dorsey and Brian Brady are represented by Richard C. Witzel of Witzel, Kanzler, Dimmitt, Kenney & Kanzler of St. Louis.

They claim that Trevor has undergone medical treatments, operations, convalescent care and will require future surgeries and care.

Plocher, represented by David K. Simkins of Wuestling and James in St. Louis, initially denied that Trevor collided with angle irons.

In its affirmative defenses, Plocher argues it is entitled to a set-off as Trevor “may have received compensation from other sources…”

Retired judge Nicholas Byron serves as of counsel to the Byron Carlson Petri & Kalb firm.

Madison County Circuit Court case number 10-L-1154