$23.5M Settlement For Family Of Oak Forest Man Killed In Scaffolding Accident

CHICAGO, IL — The family of an Oak Forest man who was killed last year after scaffolding failed has reached a multi-million dollar settlement in a wrongful death lawsuit against the companies held responsible in the incident.

David O'Donnell, 27, was killed in June 2024 when a section of a large suspended scaffold—constructed by Adjustable Forms, Inc. on a Turner Construction Company-managed project—collapsed while four workers were present. O'Donnell, a Local 130 technical engineer, died after falling 140 feet from the scaffolding at the University of Chicago's new cancer center. A second man, Jeffrey Spyrka, also fell and sustained "severe, life-altering physical and psychological trauma."

In a wrongful death lawsuit filed a year ago, GWC Injury Lawyers claimed that "the general contractor failed to take appropriate safety measures to ensure that the massive scaffold system that surrounded all sides of the core of a new building under construction was safely and properly erected," Patch previously reported. It also alleged that the company allowed scaffold work to continue, despite high winds that day.

Adjustable Forms, Inc. was also named in the suit, and the company allegedly, "failed to properly build the scaffold so that the corners of the structure could not separate, resulting in movement of the scaffold under any conditions, including in high wind conditions."

The company assured workers the scaffold was safe to work on despite high winds. O'Donnell was the last to step on the scaffold, the suit alleged.

"Within a minute or two, a gust of wind caused the SW corner of the scaffold to separate and the southerly scaffold section swung violently away from the wall, throwing Spyrka and O’Connell over 8 stories to the ground," the lawsuit stated.

Preliminary investigations revealed "serious deficiencies" in the scaffold system, which was designed to withstand winds up to 85 mph but failed under a single 44 mph gust, the firm said in a release.

"Structural weaknesses, improper materials, and a lack of adequate connections at a critical corner contributed to the collapse," the release reads. "Further review indicated a systemic failure in both scaffold construction and inspection protocols, suggesting liability that exceeded ordinary negligence."

The settlement was reached in mediation with a judge, the firm said, avoiding "what was anticipated to be protracted and costly litigation."

Judge Elizabeth Budzinski awarded the O'Donnell family $23.5 million.

“Our team has worked diligently over the past year to achieve a prompt and meaningful resolution for the O’Donnell family," said Louis Anthony Cairo, partner in GWC Injury Lawyers, LLC. "The profound loss they have endured following David’s tragic death is truly unimaginable.

"We sincerely hope that this settlement provides a foundation for healing and allows the family to begin moving forward. We are especially grateful to Judge Budzinski for her dedication and skilled efforts in facilitating this resolution.”

Other litigation remains ongoing, the firm said. A consolidated case in the Circuit Court of Cook County remains active, including claims by Spyrka and nine other ironworkers who suffered injuries during the same incident.

"The degree of negligence responsible for causing this occurrence cannot be overstated," Cairo said. "The multiple failures in constructing the suspended scaffold system, along with the repeated daily failures to inspect the scaffold by a competent person, were inexcusable. The serious nature of the liability created a tipping point in the negotiations that drove the result that we were able to reach for the O’Donnell family.”