Paralysis claimed in Millstadt workplace accident

By Kelly Holleran | Aug 3, 2010

A man and his wife have filed suit against five companies they blame for causing the man to be paralyzed after he fell from a lift.

Robert A. Bailey claims he was operating a hydraulic boom on the Millstadt side of Quarry Road on May 20, 2009, when its chain broke.

In turn, the lift containing Bailey fell, causing him to topple from the bucket and to land on his neck, according to the complaint filed July 15 in St. Clair County Circuit Court.

As a result of his fall, Robert Bailey suffered paralysis; sustained physical pain, mental suffering, mental anguish, distress, disability and loss of enjoyment of life; and lost wages, the suit states. In addition, he incurred medical costs and has been permanently prevented from attending to his usual duties, the complaint says.

Linda Bailey, Robert Bailey's wife, claims she lost her husband's consortium because of the accident.

In their complaint, the Baileys name Safety Partners, DTE Repair Service, Hydra-tech, Nesco doing business as Nesco Sales and Rentals and Certified Electrical Testing as defendants.

They blame Safety Partners, DTE Repair Service and Certified Electrical Testing for failing to perform a proper inspection.

Hydra-tech, which manufactured the lift, and Nesco, which sold the lift, allowed the machine to leave their possession when the lift was dangerous and defective by containing a chain that could break.

In addition, the lift failed to contain adequate warnings about the chain, the Baileys claim.

In their 10-count suit, the Baileys are seeking a judgment of more than $500,000, plus costs.

They will be represented by Joseph A. Barthlomew of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville.

St. Clair County Circuit Court case number: 10-L-362.

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