Family of technical engineer killed after fall from scaffolding in Hyde Park files wrongful death lawsuit

The family of a technical engineer killed after falling more than 100 feet from scaffolding at the in-progress construction of a cancer research center at the University of Chicago filed a wrongful death lawsuit Thursday against two construction companies. It’s the second lawsuit in relation to the fatal fall.

The two workers fell about nine stories to the ground on June 6 during high winds. David O’Donnell, 27, died from the fall, while Jeffrey Spyrka, 36, suffered injuries his attorneys called “catastrophic and serious.” Spyrka’s family also sued the construction companies. 

The lawsuit, filed in Cook County Circuit Court, alleges that the general contractor, Turner Construction Co., and a subcontractor in charge of erecting the scaffolding system, Adjusted Concrete Construction, didn’t take proper safety measures and put workers in danger through a series of “negligent and careless acts.” 

The scaffolding was constructed in a way that was “incredibly deficient,” according to a news release from GWC Injury Lawyers, a firm representing both Spyrka and O’Donnell. Attorney Louis Cairo said at a news conference that the scaffolding was designed to withstand winds of 80 mph, but that improper construction caused the southwest corner to separate when gusts hit 44 mph.

Before the fall, he said workers repeatedly complained that the scaffolding wasn’t laid out properly, meaning it wasn’t snug against the building as it should. Cairo said the southwest corner was held together with a piece of plywood with nails on top. The wind gusts caused the plywood bridge — where Spyrka and O’Donnell were standing — to come apart, he said.

“It’s great if you’re building a tree fort in the backyard … it’s not how you fix a scaffold that weighs hundreds of thousands of pounds,” he said.

“It’s improper, it’s unsafe, it’s unacceptable,” he continued. “There is no excuse in the world other than people taking shortcuts, and not bringing up the necessary tools and equipment and items that are necessary to make the scaffold safe.”

Cairo said neither O’Donnell, a technical engineer, or Spyrka, an ironworker, had any obligation to inspect the scaffolding, and they weren’t involved in its construction.

A representative for Turner Construction said they are aware of the filing and will “continue to fully support investigations underway by all relevant agencies and entities.” Eric Lindquist, president of Adjustable Concrete, said in a statement that the company is aware of the filing and “deeply saddened to learn of this accident.” He said they’re partnering with Turner Construction to “support a full investigation into this matter.” 

O’Donnell, who was raised in Oak Forest, is survived by his parents and three brothers. One of his brothers described him as “wicked smart” and “immensely funny,” saying he enjoyed golf, camping, the White Sox and the Chicago skyline. 

O’Donnell’s family was very close-knit, Cairo said. O’Donnell had worked with his father since he got out of college and was being trained to take over the family business.

“One of David’s heroes is his father, and he wanted to be like his father. They worked side by side as friends, as colleagues, as coworkers,” Cairo said. “He worked with his hero every day, and that’s something that’s eating them up inside.”

Spyrka, who has three children under 6 years old, has a long recovery ahead, his attorneys said. He suffered “devastating internal injuries,” including a shattered pelvis and crush injuries on his legs, feet and ankles, said attorney Louis Anthony Cairo. He also sustained head injuries.

“He has an incredible road ahead of him, but fortunately Jeff is extremely strong as we all know since he’s still alive and he’s still with us and he’s fighting every day,” he said.

The U.S. Department of Labor’s Occupational Safety and Health Administration opened an investigation into New Horizon Steel, where Spyrka was employed. The administration is also probing Turner Construction, Adjustable Concrete Construction and O’Donnell’s employer High-Tech Stake-Out Inc. The investigations will take up to six months.