Jury Awards $24.8M to Roofer Injured in Skylight Fall
A roofer who suffered a brain injury and numerous fractures after falling through a skylight has won a nearly $25 million verdict.
March 21, 2019 at 03:38 PM
5 minute read
A roofer who suffered a brain injury and numerous fractures after falling through a skylight has won a nearly $25 million verdict.
A Philadelphia jury on Wednesday awarded $24.8 million to Sean Kalinowski, a roofer who was catastrophically injured in June 2016. The verdict came after more than a day of jury deliberations and nearly four full weeks of trial before Philadelphia Court of Common Pleas Judge Lisa Rau.
Kalinowski and his wife, Michele Kalinowski, who also had a significant loss of consortium claim, were represented by Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck attorneys Kenneth Rothweiler as first chair, Fredric Eisenberg as second chair and Todd Schoenhaus as third chair.
“We are pleased with the verdict and the award, which will allow Sean's wife to provide care for her husband and financial support for their two children,” Rothweiler said in an emailed statement.
According to the plaintiffs' pretrial memo, Sean Kalinowski, who was in his early 40s and had two minor children, was performing roofing work on a building that housed an auto body facility in Aston, when he fell through a skylight and landed on a concrete floor more than 20 feet below.
According to the memo, since the accident was not witnessed by anyone else, Kalinowski likely tripped over a pallet on the roof or the skylight mount and then crashed through the glass.
Defendant 2626 Market LLC owned the building, and ABRA Auto Body & Glass, which was also a defendant, leased the property. Although Kalinowski worked for a company, he performed the work through a small side business he had created.
Kalinowski's memo said there should have been either guard rails or screens to provide fall protection, and the defendants were negligent for failing to provide a safe workplace or warn him about the dangerous condition. Kalinowski further argued that the defendants should have known of the dangers because, not only were the protections required pursuant to Occupational Safety and Health Administration regulations, another skylight had recently been damaged by a hood cover, which weighed between 50 and 70 pounds. The memo said that, at the time that skylight was being repaired, the companies were told the skylights were dangerous and could result in an injury.
The plaintiffs' experts—safety consultant Nigel Ellis, OSHA expert Jeremiah Midkiff and human factors expert William Vigilante—opined that adequate guards would have prevented the accident, the risks were foreseeable to the company, and Kalinowski would not have known about the dangers.
In its pretrial memo, 2626 Market contended that Kalinowski was partially at fault, since he had been on the roof numerous times before the accident, he was a seasoned roofer, and, as he was working for his own company during the project, he had a duty to inspect the site and ensure his own safety. The company also noted that the building was not cited by OSHA, and that the company was never told the skylight was dangerous. The company also contended that, according to its agreement with ABRA, the landlord for the property was responsible to repair and maintain the skylights.
2626 Market's liability expert, Samuel Gualardo, opined that the skylight was a “peculiar risk” that would only be known to roofers.
ABRA, in its pretrial memo, contended that Kalinowski was hired by 2626 Market, and that, since it was also not Kalinowski's employer, they did not owe him a duty of care.
ABRA's experts, James Stanley, an OSHA expert; Timothy Carlsen, an engineering expert; and Richard Baxter, a roofing expert, opined that the independent contractor had the duty to ensure the safety and that the roof was not an ABRA work area.
As a result of the fall, Kalinowski suffered a severe traumatic brain injury and multiple fractures. After the incident, Kalinowski underwent numerous intensive care treatments, including craniotomies, tracheostomy and plate fixation. He was hospitalized for two months, then treated at a nursing facility for one month, and spent three months at Bryn Mawr Rehabilitation Hospital. He was hospitalized again for seizure disorders and hardware removals.
According to his mediation memo, Kalinowski suffered partial blindness, can no longer work or live alone and needs continuous help with the tasks of daily living. Expert economist Royal Bunin opined for Kalinowski that his economic losses ranged from $20 million to $23 million.
After the nearly month-long trial, the jury found ABRA 60 percent negligent, 2626 Market 30 percent negligence and Kalinowski 10 percent at fault.
ABRA was represented by Taylor Anderson attorneys Christopher Soper and Kevin Taylor. Soper did not return a call seeking comment. 2626 Market was represented by Marc Zingarini of McGivney, Kluger & Cook and Mary Ellen Conroy of Cipriani & Werner. Zingarini did not return a call seeking comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSuperior Court Directs Western Pa. Judge to Recuse From Case Over Business Ties to Defendant
3 minute readKline & Specter and Bosworth Resolve Post-Settlement Fighting Ahead of Courtroom Showdown
6 minute readSaxton & Stump Lands Newly Retired Ex-Chief Judge From Middle District of Pa.
3 minute readTrending Stories
- 1How ‘Bilateral Tapping’ Can Help with Stress and Anxiety
- 2How Law Firms Can Make Business Services a Performance Champion
- 3'Digital Mindset': Hogan Lovells' New Global Managing Partner for Digitalization
- 4Silk Road Founder Ross Ulbricht Has New York Sentence Pardoned by Trump
- 5Settlement Allows Spouses of U.S. Citizens to Reopen Removal Proceedings
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250