A man who alleges he was hit in the head when roofing materials were thrown from an office building moves to strike the roofing company’s affirmative defense seeking to reduce damages by other awards benefitting the plaintiff.
Thomas Plog filed his complaint on May 3 against Taylor Roofing Solutions Inc., Allsup Inc., Allsup LLC, and James Allsup.
According to the complaint, Plog alleges he was in an office building located at 2900 Frank Scott Parkway West in Belleville on May 18, 2016. Plog claims he exited the building through the front door and stepped onto the sidewalk of the office building to walk to the parking lot when roofing materials landed on top of his head, causing him to collapse.
As a result, Plog claims the sustained serious and permanent injuries to his head, ears, neck, back and shoulders.
He alleges the defendants failed to keep a proper lookout, failed to warn people before throwing or tossing discarded materials and failed to discard roofing materials in a safe and reasonable manner.
Taylor Roofing Solutions Inc. answered the complaint on Aug. 7 through attorney Nicole Winters of Craney Law Group LLC in Edwardsville, denying liability.
In its affirmative defenses, the defendant argues that the plaintiff’s own carelessness contributed to his alleged injuries by failing to keep a careful lookout and failing to avoid an open and obvious condition.
The defendant also argues that if it is found negligent, then Plog’s recovery should be diminished in proportion to his own negligence and any award of damages should be reduced by other awards benefiting the plaintiff.
Plog responded to Taylor Roofing’s affirmative defenses on Aug. 9 through attorney Patrick G. King of MillerKing LLC in East Alton. He denied each and every allegation and demands strict proof.
Plog also filed a motion to strike Taylor Roofing’s third affirmative defense, which argues that if any liability is assigned to the defendant, then “any award of damages should be reduced by other sums and value that inured to plaintiff’s benefit, including, but not limited to, insurance proceeds, settlements, medical bill adjustments/write-offs, and the like.”
He argues that the affirmative defense “must be stricken for not accurately stating Illinois law and asserting an Affirmative Defense that runs afoul or in contradiction to the collateral source rule.”
The motion states that the defendant’s affirmative defense “explicitly attempts to reduce defendant’s liability by taking into consideration any collateral sources, such as insurance proceeds or medical bill adjustments,” and “explicitly attempts to seek a reduction by other sums and values that benefit plaintiff.”
Allsup Inc. Allsup LLC and James Allsup answered the complaint on Aug. 7 through attorney Shirley Irwin of Schueler, Dallavo & Casieri in Chicago.
The defendants deny liability and argue in their affirmative defenses that Plog contributed to his own alleged injuries by negligently failing to use appropriate care when exiting the building, failing to look where he was going, failing to observe an open and obvious condition and disregarding warnings that were in place while roofing work was being performed.
On Aug. 9, Plog responded to the affirmative defenses raised by Allsup Inc., Allsup LLC and James Allsup. He denied each and every allegation and demands strict proof.
St. Clair County Circuit Court case number 18-L-307