Family of man killed in U of C scaffolding accident settles suit for $23.5 million

The family of a man killed in a fall from scaffolding that collapsed at a University of Chicago Medical Center construction site has settled a wrongful death lawsuit for $23.5 million, the family’s lawyers said.

The suit was filed nearly a year ago on behalf of David O’Donnell, the 27-year-old technical engineer who died after falling 140 feet from scaffolding that got caught in a wind gust on June 9, 2024.

Another worker who fell and survived, Jeffrey A. Spyrka, filed a similar lawsuit last year that remains active, as do claims filed by several other workers harmed in the incident.

Louis A. Cairo, an attorney representing O’Donnell’s family, said it was a “bittersweet” moment for the family given the “egregious conduct that cost them their son and brother’s life.”

“They are happy that they can now move forward in life without having the lawsuit hanging over their head,” Cairo told the Sun-Times on Monday afternoon. But “they would give it all back if they could have their son back.”

Cairo said the companies named in the suit — Turner Construction Co. and Adjustable Forms Concrete — had approached the family with the idea of a settlement, and an agreement was reached after about eight hours of negotiating Friday. A judge still has to sign off on it, though Cairo said he doesn’t anticipate any issues with it.

Neither Turner Construction Co. nor Adjustable Forms Concrete returned requests for comment.

The original suit alleged that the scaffolding should have been designed to withstand 80 mph wind gusts but became unmoored after 44 mph gusts the day of the incident, and that a 3-foot gap at the corner was bridged only with a 4-foot piece of plywood held down with three nails.

“They do feel justice was served,” Cairo said of the family. “Hopefully [Turner Construction Co. and Adjustable Forms Concrete] will change things on their job sites.”