This lawsuit results from occurrence on September 30, 2008, wherein a piece of granite fell out of a tractor-trailer (Container No. MSCU2463947), stuck the M-30 shoulder, which caused him to lose his balance and fall. As a result of the granite coming out of the trailer and causing him to fall, the plaintiff sustained injuries that required surgery (closed reduction, internal fixation).
Defendant Tracomal Mineração S/A and/or Defendant Tracomal USA Corporation (collectively “Tracomal”) was responsible for the proper packing/loading of Container No. MSCU 246394-7 with granite, which would include properly blocking and bracing the cargo inside the container, as well as packing non-defective stone. The container was packed/loaded in Brazil. Tracomal Mineração S/A is a corporation organized, existing and doing business under and by virtue of the laws of the Federative Republic of Brazil. Tracomal USA Corporation is a corporation that is incorporated under the laws of Florida.
There is no evidence that the container was damaged between Brazil (the container of granite originated in Brazil, entered the United States via ocean freighter in a port in New York where it was loaded onto a rail car for transport to Chicago) and the headquarters of Defendant Cosmos Granite & Marble Corporation (“Cosmos”) 811 Lively Boulevard in Wood Dale, Illinois 60191. Cosmos is a corporation that is incorporated under the laws of Illinois.
After picking up the trailer (and its container) at the rail yard (CSX), the plaintiff arrived at Cosmos around 7:00 a.m. or 8:00 a.m. in the morning on September 30, 2008. Plaintiff had never been to Cosmos before for a delivery. When he arrived at Cosmos, Plaintiff parked the tractor- trailer on the street and went into the warehouse of the company (Cosmos) where he spoke with a Hispanic male to advise that he had arrived with the load. Plaintiff was directed by Cosmos’ Hispanic employee to cut the seal and put the trailer/container in the dock. According to the plaintiff, the doors of the container must be opened before pulling the trailer/container into the dock. When he was slowly opening the container door a broken piece of granite struck him and caused him injury.
Cosmos contends that the plaintiff was not directed to and did not have permission to open the container without a Cosmos representative present. Cosmos contends that the plaintiff never checked into the office with any before opening the container.
Injuries: The plaintiff’s pre- and post-surgical diagnosis was right ankle crushing injury with full thickness skin injury and trimalleolar ankle dislocation of right ankle. On September 30, 2008, the plaintiff underwent open reduction internal fixation with a 10-hole lateral fibular plate and screws. That surgery was performed by Tom A. Karnezis, MD at Alexian Brothers Medical Center in Elk Grove Village, Illinois.
Specials: Medicals: N/A Lost Income: N/A Occupation: N/A
What Each Defendant Paid: Cosmos ($95,000.00) Tracomal ($5,000.00)
Insurance Company: Travelers Insurance Co. insured Cosmos. The Tracomal entities were self-insured. Moreover, Tracomal Mineração S/A is presently in bankruptcy in Brazil.