A 13 year-old-boy that was badly injured when he collided with two 240-pound beams that blocked his path to school is the subject of a personal injury lawsuit, as reported The Madison-St. Clair Record.
According to B.B, his son T.B. has already had over $100,000 in medical treatment since the incident four years ago.
The suit states that on the day of the accident, March 5, 2010, angle irons had been suspended across a sidewalk, partially blocking the T.B.'s route to Lincoln Middle School. The collision caused him to suffer with injuries to his head, face, jaw, teeth, nose, mouth and nasal cavities.
Some of the injuries have resulted in the teen's disfigurement.
Plocher Construction Company is the sole defendant. Judge Barbara Crowder is hearing the case in Madison County Circuit Court. Damages are being sought for negligence and conscious disregard to safety.
B.B. stated that he learned of his son's accident by an Edwardsville police officer. B.B. then met T.B. in the Anderson Hospital emergency room – where the boy was yelling that the pain was so unbearable and that he just "wanted to die."
According to the suit the accident has altered T.B.'s personality. The change to his speech and interactions with others is due to a partial numbness in his face, and he has undergone over 60 doctor appointments with both plastic and oral surgeons.
T.B. no longer is participating in school sports, swimming and cross-country, that he had been involved with prior to the accident.
However, defense attorney David Simkins argued that T.B. only missed two weeks of school and was seen helping his father power wash their home and, in another instance, riding a motorcycle.
Simkins also stated that T.B., now a senior in high school, has been able to maintain good grades. He quoted T.B.'s ACT college placement test scores, mentioning that the teen had obtained a perfect 36 in math, with other disciplines scoring 33 and 34.
Photographs of the beams overhanging the sidewalk – and the barricades that had been placed – were shown in court.
D.B., the construction site supervisor, explained that he had left the building site for a few minutes just before the accident occurred. Then suddenly people "were hollering and told me to come around… 'hurry up, come out front.'"
D.B. told the court that he did not realize that the beams had been placed over the sidewalk before the accident.
Richard Witzel, the attorney for the plaintiffs said, "You didn't know it was overhanging?" D.B. answered that he "didn't realize it at the time."
D.B. also admitted that the barricades, that were to protect pedestrians from hitting the beams, were put in place after T.B.'s injury and not before.
Imagine riding your bicycle, and while watching out for cars and pedestrians, being hit across the head with a 240-pound beam instead. This is the type of scenario that you need to contact a personal injury lawyer for!