Complaint With Exhibits

12-Person Jury
FILED
9/22/2021 1:26 PM
Firm No. 34560 IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
FILED DATE: 9/22/2021 1:26 PM 2021L009411
14917850
COUNTY DEPARTMENT, LAW DIVISION
MALUC CORDOBA-ARCE, as the Independent )

Administrator of the Estate of IMMER RIVERA )
TEJADA; and ERIC RIVERA TEJADA, as the )
Independent Administrator of the Estate of )
RAFAEL RIVERA TEJADA and the Estate )
of GUILLERMO RIVERA TEJADA; )
) 2021L009411
Plaintiffs, ) No.
vs. )
)
D. CONSTRUCTION, INC., an Illinois )
Corporation; JEFF C. GILLAN, Individually; )
GILLAN CONSTRUCTION LLC, an Illinois )
Corporation; PATRICK L. CARNEY, )
Individually; and ORICA USA INC., a Foreign )
Corporation; )
)
Defendants. )
COMPLAINT AT LAW
NOW COME the Plaintiffs MALUC CORDOBA-ARCE, as the Independent
Administrator of the Estate of IMMER RIVERA TEJADA; and ERIC RIVERA TEJADA, as the
Independent Administrator of the Estate of RAFAEL RIVERA TEJADA and the Estate of
GUILLERMO RIVERA TEJADA, and Complaining of Defendants, D. CONSTRUCTION, INC.,
an Illinois Corporation; JEFF C. GILLAN, Individually; GILLAN CONSTRUCTION LLC, an
Illinois Corporation; PATRICK L. CARNEY, Individually; and ORICA USA INC., a Foreign
Corporation, and states as follows:
GENERAL ALLEGATIONS
1. On and before May 6, 2021, and at all times material, Plaintiffs MALUC
CORDOBA-ARCE and ERIC RIVERA TEJADA resided in Chicago, Cook County, Illinois.
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2. On and before May 6, 2021, and at all times material, the Decedents IMMER
RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA TEJADA resided
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in Chicago, Cook County, Illinois.
3. On and before May 6, 2021, and at all times material, five of seven surviving
children of the Decedents resided in Chicago, Cook County, Illinois.
4. On and before May 6, 2021, and at all times material, Defendant D.
CONSTRUCTION, INC. was an Illinois Corporation existing under the laws of the State of Illinois
and doing business in Cook County, Illinois.
5. On and before May 6, 2021, and at all times material, Defendant JEFF C. GILLAN
was an Illinois resident, residing in Bureau County, Illinois.
6. On and before May 6, 2021, and at all times material, Defendant GILLAN
CONSTRUCTION LLC was an Illinois Limited Liability Company existing under the laws of the
State of Illinois and doing business in Cook County, Illinois.
7. On and before May 6, 2021, and at all times material, Defendant PATRICK L.
CARNEY resided in Monroe County, Florida.
8. On and before May 6, 2021, and at all times material, Defendant ORICA USA INC.
was a Foreign Corporation organized and existing under the laws of the State of Delaware and
doing business in Cook County, Illinois.
9. Material witnesses to this event reside in Cook County, Illinois.
10. Probate proceedings to appoint the appropriate Administrators of the Estates have
been conducted and will continue to be conducted in Cook County, Illinois.
11. On and before May 6, 2021, and at all times material, the Illinois Department of
Transportation contracted with D. CONSTRUCTION, INC. to be the general contractor to perform
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services related to the demolition of Route 178 Bridge over the Illinois River near Starved Rock
State Park in North Utica, LaSalle County, Illinois (hereinafter “the Route 178 Bridge”).
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12. On and before May 6, 2021, and at all times material, D. CONSTRUCTION, INC.
contracted with JEFF C. GILLAN and/or GILLAN CONSTRUCTION LLC to perform services
related to the demolition of the Route 178 Bridge.
13. On and before May 6, 2021, and at all times material, JEFF C. GILLAN and/or
GILLAN CONSTRUCTION LLC were contracted to perform demolition services on the Route
178 Bridge, including but not limited to:
a. Perform duties of the blaster in charge;
b. Oversee blasting operations on site;
c. Perform pre-blast inspections;
d. Perform post-blast inspections.
14. On and before May 6, 2021, and at all times material, PATRICK L. CARNEY was
contracted to perform demolition services on the Route 178 Bridge, including but not limited to,
perform duties of a blasting consultant.
contracted with ORICA to perform services related to demolition of the Route 178 Bridge.
16. On and before May 6, 2021, and at all times material, ORICA USA INC. was
contracted to perform demolition services on the Route 178 Bridge, including but not limited to:
a. Transport explosives;
b. Deliver explosives to the Route 178 Bridge job site;
c. Return explosives from the Route 178 Bridge job site;
d. Load explosives into the Route 178 bridge;
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e. Investigate misfires; and,
f. Monitor blasting.
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17. On and before May 6, 2021, and at all times material, JEFF C. GILLAN, GILLAN
CONSTRUCTION LLC, PATRICK L. CARNEY, and ORICA USA INC. were working as duly
authorized agents, servants, employees, and/or subcontractors for D. CONSTRUCTION, INC.
retained control over the acts and omissions of JEFF C. GILLAN, GILLAN CONSTRUCTION
LLC, PATRICK L. CARNEY, and ORICA USA INC.
19. On May 6, 2021, and at all times material, the Decedents, IMMER RIVERA
TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA TEJADA were lawfully on
the Starved Rock State Park premises near the Route 178 Bridge.
knew or should have known that park visitors were present near the Route 178 Bridge.
21. On and before May 6, 2021, and at all times material, JEFF C. GILLAN knew or
should have known that park visitors were present near the Route 178 Bridge.
22. On and before May 6, 2021, and at all times material, GILLAN CONSTRUCTION
LLC knew or should have known that park visitors were present near the Route 178 Bridge.
23. On and before May 6, 2021, and at all times material, PATRICK L. CARNEY knew
or should have known that park visitors were present near the Route 178 Bridge.
24. On and before May 6, 2021, and at all times material, ORICA USA INC. knew or
should have known that park visitors were present near the Route 178 Bridge.
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25. Beginning on at least March 18, 2021, and at all times material, D.
CONSTRUCTION, INC. utilized explosive devices known as linear shape charges (hereinafter
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“explosive devices”) to perform demolition services on the Route 178 Bridge.
26. On and before May 6, 2021, and at all times material, JEFF C. GILLAN utilized
explosive devices to perform demolition services on the Route 178 Bridge.
27. On and before May 6, 2021, and at all times material, GILLAN CONSTRUCTION
LLC utilized explosive devices to perform demolition services on the Route 178 Bridge.
28. On and before May 6, 2021, and at all times material, PATRICK L. CARNEY
utilized explosive devices to perform demolition services on the Route 178 Bridge.
29. On and before May 6, 2021, and at all times material, ORICA USA INC. utilized
explosive devices to perform demolition services on the Route 178 Bridge.
30. On March 18, 2021, D. CONSTRUCTION, INC., JEFF C. GILLAN, GILLAN
CONSTRUCTION LLC, PATRICK L. CARNEY, and ORICA USA INC. utilized numerous
explosive devices to implode and/or otherwise demolish the Route 178 Bridge.
31. On March 18, 2021, D. CONSTRUCTION, INC., JEFF C. GILLAN, GILLAN
CONSTRUCTION LLC, PATRICK L. CARNEY, and ORICA USA INC. also utilized
technological devices, including but not limited to: blasting caps, boosters, and detonating cord, to
program the timing of when the explosive devices would detonate.
32. Approximately 11 days after the March 18, 2021 implosion of the Route 178
Bridge, D. CONSTRUCTION, INC., by and through its duly authorized agents, servants and/or
employees, found an undetonated explosive device near the Route 178 Bridge.
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33. Neither D. CONSTRUCTION, INC. nor JEFF C. GILLAN, GILLAN
CONSTRUCTION LLC, PATRICK L. CARNEY, and/or ORICA USA INC. reported the finding
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of an undetonated explosive device to any regulatory body.
34. On May 6, 2021, at approximately 2:30 p.m., D. CONSTRUCTION, INC., JEFF
C. GILLAN, GILLAN CONSTRUCTION LLC, PATRICK L. CARNEY, and/or ORICA USA
INC. performed a scheduled blast on the Route 178 Bridge with an explosive device.
35. On May 6, 2021, at some point after 2:30 p.m. but before 7:00 p.m., the Decedents
IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA
TEJADA arrived to Starved Rock State Park and began fishing near the Route 178 Bridge.
36. On May 6, 2021, and at all times material, there were no warnings, barriers, and/or
signs which warned or prohibited park visitors from gaining access to the area directly beneath the
Route 178 Bridge.
37. On May 6, 2021, at approximately 7:07 p.m., a campfire was built near the Route
178 Bridge for Decedents IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and
GUILLERMO RIVERA TEJADA to cook fish.
38. On May 6, 2021, at approximately 7:07 p.m., the Decedents IMMER RIVERA
TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA TEJADA, were allowed to
find what appeared to be a copper rod near the Route 178 Bridge.
39. On May 6, 2021, at approximately 7:07 p.m., the copper rod found by the Decedents
TEJADA was actually a linear shaped charge explosive device, and one of the aforementioned
explosive devices utilized by one or more of the Defendants while performing demolition services
on the Route 178 Bridge.
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40. On and before May 6, 2021 and at all times material, the inherently dangerous and
ultrahazardous nature of the explosive device was unknown to any lay person, as the explosive
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device appeared similar in size and form to a copper rod.
41. On May 6, 2021 and at all times material, the inherently dangerous and
ultrahazardous nature of the explosive device was unknown to any lay person, as there was no
warning label affixed to the explosive device.
42. On May 6, 2021 at approximately 7:07 p.m., the aforementioned explosive device
utilized by one or more of the Defendants made contact with the campfire near the Decedents
TEJADA.
43. On May 6, 2021, with no knowledge of what the explosive device was, the
Decedents IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO
RIVERA TEJADA, remained close in proximity to the campfire.
44. On May 6, 2021, at approximately 7:15 p.m., the aforementioned explosive device
exploded, causing severe injuries to the Decedents IMMER RIVERA TEJADA, RAFAEL
RIVERA TEJADA, and GUILLERMO RIVERA TEJADA.
45. On May 6, 2021, at approximately 7:15 p.m., the Decedents IMMER RIVERA
TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA TEJADA died as a result
of the explosive device blast.
COUNT ONE
(Negligence – Wrongful Death)
(Estate of Immer Rivera Tejada v. D. Construction, Inc.)
1. Plaintiffs re-state, re-allege, and incorporate by reference paragraphs 1-45 of the
General Allegations as paragraphs 1-45 of Count One.
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46. On and before May 6, 2021, and at all times material, D. CONSTRUCTION, INC.,
individually, and by and through its duly authorized agents, servants and/or employees, owed a
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duty to IMMER RIVERA TEJADA to exercise ordinary and reasonable care in the demolition and
blasting of the Route 178 Bridge.
individually, and by and through its duly authorized agents, servants and/or employees, was
negligent in one or more of the following respects:
a. Failed to report the loss of explosive materials within 24 hours of the discovery in
violation of 225 ILCS 210/4002(b), 62 Ill. Adm. Code Ch. 1, § 200.805, 29 CFR §
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);
b. Failed to account for all explosives at all times in violation of 29 CFR §

1926.900(d);
c. Failed to maintain an inventory and use record of all explosives in violation of 29

CFR § 1926.900(d);
d. Failed to use every reasonable precaution including, but not limited to, visual and
audible warning signals, flags, or barricades to ensure safety in violation of 29 CFR
§ 1926.900(i);
e. Failed to ensure that no explosives or blasting agents were left unattended at the
blast site in violation of 29 CFR § 1926.905(g);
f. Failed to post warning signs indicating a blast area in violation of 29 CFR §

1926.905(p);
g. Failed to maintain control of explosive devices;
h. Failed to perform an adequate post-blast inspection of the blasting area;
i. Failed to perform an adequate inspection of the bridge structure where the explosive
devices were to be detonated;
j. Failed to prevent an explosive device from being discovered by an unknowing

layperson;
k. Failed to adequately review explosion photographs and video footage to ascertain

whether all explosive devices detonated;
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l. Failed to adequately inspect each place a linear shaped charge was placed on the
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Route 178 Bridge to confirm the explosive device detonated properly;
m. Failed to adequately inspect debris following the March 2021 implosion of the
Route 178 Bridge;
n. Failed to appropriately program electronic blasting caps;
o. Failed to properly time the delay/initiation sequence during the March 2021
implosion of the Route 178 Bridge;
p. Otherwise failed to account for explosive devices, known as linear shaped charges,
during the demolition of the Route 178 Bridge.
48. As a direct and proximate result of the aforementioned negligent acts and/or
omissions of D. CONSTRUCTION, INC. individually, and by and through its duly authorized
agents, servants and/or employees, IMMER RIVERA TEJADA sustained injuries of personal and
pecuniary nature causing his ultimate death.
49. Decedent, IMMER RIVERA TEJADA, left surviving him the following heirs who
were dependent on him and who suffered losses as a result of his death including the loss of love,
society, companionship, grief, sorrow, and mental suffering:
a. Maluc Cordoba Arce, Wife;
b. Inmer Rivera, Minor Son;
c. Rachel Rivera, Minor Daughter.
50. MALUC CORDOBA ARCE brings this action on behalf of IMMER RIVERA
TEJADA pursuant to 740 ILCS 180/1 et. seq., commonly referred to as the “Wrongful Death Act.”
51. Attached as Exhibit “A” as evidence of her right to bring this action, is a copy of
the Letters of Office appointing MALUC CORDOBA ARCE as Independent Administrator of the
Estate of IMMER RIVERA TEJADA, Deceased.
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WHEREFORE, Plaintiff, MALUC CORDOBA ARCE, as Independent Administrator of
the Estate of IMMER RIVERA TEJADA, demands judgment against Defendant, D.

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CONSTRUCTION, INC., an Illinois Corporation, in the amount in excess of $50,000, together
with the costs of this action.
COUNT TWO
(Negligence – Survival Action)
General Allegations as paragraphs 1-45 of Count Two.
a. Failed to report the loss of explosive materials within 24 hours of the discovery
in violation of 225 ILCS 210/4002(b), 62 Ill. Adm. Code Ch. 1, § 200.805, 29
CFR § 1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);
c. Failed to maintain an inventory and use record of all explosives in violation of

29 CFR § 1926.900(d);
d. Failed to use every reasonable precaution including, but not limited to, visual
and audible warning signals, flags, or barricades to ensure safety in violation of
29 CFR § 1926.900(i);
e. Failed to ensure that no explosives or blasting agents were left unattended at

the blast site in violation of 29 CFR § 1926.905(g);
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1926.905(p);
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i. Failed to perform an adequate inspection of the bridge structure where the

explosive devices were to be detonated;

layperson;
k. Failed to adequately review explosion photographs and video footage to

ascertain whether all explosive devices detonated;
l. Failed to adequately inspect each place a linear shaped charge was placed on
the Route 178 Bridge to confirm the explosive device detonated properly;
Route 178 Bridge;
p. Otherwise failed to account for explosive devices, known as linear shaped

charges, during the demolition of the Route 178 Bridge.
agents, servants and/or employees, prior to his death IMMER RIVERA TEJADA experienced pain
and suffering, disability, disfigurement, and had he survived, he would have been entitled to bring
an action for compensation for such injuries.
49. MALUC CORDOBA ARCE, as the Independent Administrator of the Estate of
IMMER RIVERA TEJADA, brings this action pursuant to 755 ILCS 5/27-6, commonly referred
to as the “Survival Act.”
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COUNT THREE
(Ultrahazardous Activities Strict Liability – Wrongful Death)
General Allegations as paragraphs 1-45 of Count Three.
46. On and before May 6, 2021, the use of explosive devices and blasting performed
by D. CONSTRUCTION, INC. constituted an inherently dangerous and/or ultrahazardous activity.
by D. CONSTRUCTION, INC. posed a high degree of harm and/or death to park visitors near the
Route 178 Bridge.
48. On and before May 6, 2021, the inherently dangerous and/or ultrahazardous nature
of the use of explosive devices and blasting cannot be eliminated by the exercise of due care, nor
is it a matter of common usage.
49. On May 6, 2021, as a direct and proximate result of D. CONSTRUCTION, INC.’s
use of explosive devices and blasting, an explosion occurred which caused IMMER RIVERA
TEJADA’s to suffer injuries and death.
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50. On May 6, 2021, IMMER RIVERA TEJADA’s death naturally and probably
resulted from the use of explosive devices and blasting performed by D. CONSTRUCTION, INC.
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51. On and before May 6, 2021, IMMER RIVERA TEJADA’s death was foreseeable
based on the inherently dangerous and/or ultrahazardous use of explosive devices and blasting
performed by D. CONSTRUCTION, INC.
individually, and by and through its duly authorized agents, servants and/or employees, is strictly
liable due to the inherently dangerous and/or ultrahazardous nature of using explosive devices and
blasting.
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COUNT FOUR
(Ultrahazardous Activities Strict Liability – Survival Action)
General Allegations as paragraphs 1-45 of Count Four.
Route 178 Bridge.
of the use of explosive devices and blasting could not be eliminated by the exercise of due care,
nor is it a matter of common usage.
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blasting.
COUNT FIVE
(Estate of Rafael Rivera Tejada v. D. Construction, Inc.)
General Allegations as paragraphs 1-45 of Count Five.
duty to RAFAEL RIVERA TEJADA to exercise ordinary and reasonable care in the demolition
and blasting of the Route 178 Bridge.
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1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
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agents, servants and/or employees, RAFAEL RIVERA TEJADA sustained injuries of personal
and pecuniary nature causing his ultimate death.
49. Decedent, RAFAEL RIVERA TEJADA, left surviving him the following heirs who
a. Ingrid Rivera Alvarado, Minor Daughter;
b. Victor Rivera Alvarado, Minor Daughter;
c. Mateo Rivera Alvarado, Minor Son.
50. ERIC RIVERA TEJADA brings this action on behalf of RAFAEL RIVERA
51. Attached as Exhibit “B” as evidence of his right to bring this action, is a copy of
the Letters of Office appointing ERIC RIVERA TEJADA as Independent Administrator of the
Estate of RAFAEL RIVERA TEJADA, Deceased.
WHEREFORE, Plaintiff, ERIC RIVERA TEJADA, as Independent Administrator of the
Estate of RAFAEL RIVERA TEJADA, demands judgment against Defendant, D.
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COUNT SIX
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General Allegations as paragraphs 1-45 of Count Six.
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);
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layperson;

Route 178 Bridge;
agents, servants and/or employees, prior to his death RAFAEL RIVERA TEJADA experienced
pain and suffering, disability, disfigurement, and had he survived, he would have been entitled to
bring an action for compensation for such injuries.
49. ERIC RIVERA TEJADA, as the Independent Administrator of the Estate of
RAFAEL RIVERA TEJADA, brings this action pursuant to 755 ILCS 5/27-6, commonly referred
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COUNT SEVEN
General Allegations as paragraphs 1-45 of Count Seven.
Route 178 Bridge.
use of explosive devices and blasting, an explosion occurred which caused RAFAEL RIVERA
50. On May 6, 2021, RAFAEL RIVERA TEJADA’s death naturally and probably
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51. On and before May 6, 2021, RAFAEL RIVERA TEJADA’s death was foreseeable
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blasting.
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COUNT EIGHT
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General Allegations as paragraphs 1-45 of Count Eight.
Route 178 Bridge.
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blasting.
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COUNT NINE
(Estate of Guillermo Rivera Tejada v. D. Construction, Inc.)
General Allegations as paragraphs 1-45 of Count Nine.
duty to GUILLERMO RIVERA TEJADA to exercise ordinary and reasonable care in the
demolition and blasting of the Route 178 Bridge.
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1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);
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1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
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agents, servants and/or employees, GUILLERMO RIVERA TEJADA sustained injuries of
personal and pecuniary nature causing his ultimate death.
49. Decedent, GUILLERMO RIVERA TEJADA, left surviving him the following
heirs who were dependent on him and who suffered losses as a result of his death including the
loss of love, society, companionship, grief, sorrow, and mental suffering:
a. Isamar Rivera Araujo Alvarado, Minor Daughter;
b. Etham Rivera Araujo, Minor Son.
50. ERIC RIVERA TEJADA brings this action on behalf of GUILLERMO RIVERA
51. Attached as Exhibit “C” as evidence of his right to bring this action, is a copy of
Estate of GUILLERMO RIVERA TEJADA, Deceased.
Estate of GUILLERMO RIVERA TEJADA, demands judgment against Defendant, D.
COUNT TEN
General Allegations as paragraphs 1-45 of Count Ten.
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1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);

layperson;

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Route 178 Bridge;
agents, servants and/or employees, prior to his death GUILLERMO RIVERA TEJADA
experienced pain and suffering, disability, disfigurement, and had he survived, he would have been
entitled to bring an action for compensation for such injuries.
GUILLERMO RIVERA TEJADA, brings this action pursuant to 755 ILCS 5/27-6, commonly
referred to as the “Survival Act.”
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COUNT ELEVEN
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General Allegations as paragraphs 1-45 of Count Eleven.
Route 178 Bridge.
use of explosive devices and blasting, an explosion occurred which caused GUILLERMO
RIVERA TEJADA’s to suffer injuries and death.
50. On May 6, 2021, GUILLERMO RIVERA TEJADA’s death naturally and probably
51. On and before May 6, 2021, GUILLERMO RIVERA TEJADA’s death was
foreseeable based on the inherently dangerous and/or ultrahazardous use of explosive devices and
blasting performed by D. CONSTRUCTION, INC.
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blasting.
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a. Isamar Rivera Araujo Alvarado, Minor Daughter;
COUNT TWELVE
General Allegations as paragraphs 1-45 of Count Twelve.
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Route 178 Bridge.
blasting performed by D. CONSTRUCTION, INC.
blasting.
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COUNT THIRTEEN
(Estate of Immer Rivera Tejada v. Jeff C. Gillan & D. Construction, Inc.)
General Allegations as paragraphs 1-45 of Count Thirteen.
46. On and before May 6, 2021, and at all times material, JEFF C. GILLAN,
individually, and as an authorized agent, servant and/or employee of D. CONSTRUCTION, INC.,
owed a duty to IMMER RIVERA TEJADA to exercise ordinary and reasonable care in the
was negligent in one or more of the following respects:
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
31
§ 1926.900(i);
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1926.905(p);

layperson;

Route 178 Bridge;
omissions of JEFF C. GILLAN, individually, and as an authorized agent, servant and/or employee
of D. CONSTRUCTION, INC., IMMER RIVERA TEJADA sustained injuries of personal and
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the Estate of IMMER RIVERA TEJADA, demands judgment against Defendant, JEFF C.
GILLAN, individually, and as an authorized agent, servant and/or employee of D.
COUNT FOURTEEN
General Allegations as paragraphs 1-45 of Count Fourteen.
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47. On and before May 6, 2021, and at all times material, JEFF C. GILLAN JEFF C.
CONSTRUCTION, INC., was negligent in one or more of the following respects:

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);


layperson;

34
Route 178 Bridge;
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of D. CONSTRUCTION, INC., prior to his death IMMER RIVERA TEJADA experienced pain
COUNT FIFTEEN
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General Allegations as paragraphs 1-45 of Count Fifteen.
by JEFF C. GILLAN, individually, and as an authorized agent, servant and/or employee of D.
CONSTRUCTION, INC., constituted an inherently dangerous and/or ultrahazardous activity.
CONSTRUCTION, INC., posed a high degree of harm and/or death to park visitors near the Route
178 Bridge.
49. On May 6, 2021, as a direct and proximate result of JEFF C. GILLAN’s,
resulted from the use of explosive devices and blasting performed by JEFF C. GILLAN,
individually, and as an authorized agent, servant and/or employee of D. CONSTRUCTION, INC.
performed by JEFF C. GILLAN, individually, and as an authorized agent, servant and/or employee
of D. CONSTRUCTION, INC.
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is strictly liable due to the inherently dangerous and/or ultrahazardous nature of using explosive
devices and blasting.
COUNT SIXTEEN
37
General Allegations as paragraphs 1-45 of Count Sixteen.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
178 Bridge.
38

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT SEVENTEEN
(Estate of Rafael Rivera Tejada v. Jeff C. Gillan & D. Construction, Inc.)
General Allegations as paragraphs 1-45 of Count Seventeen.
owed a duty to RAFAEL RIVERA TEJADA to exercise ordinary and reasonable care in the
39

FILED DATE: 9/22/2021 1:26 PM 2021L009411
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
40
FILED DATE: 9/22/2021 1:26 PM 2021L009411
of D. CONSTRUCTION, INC., RAFAEL RIVERA TEJADA sustained injuries of personal and
Estate of RAFAEL RIVERA TEJADA, demands judgment against Defendant, JEFF C. GILLAN,
an Illinois Corporation, in the amount in excess of $50,000, together with the costs of this action.
41
COUNT EIGHTEEN
FILED DATE: 9/22/2021 1:26 PM 2021L009411
General Allegations as paragraphs 1-45 of Count Eighteen.
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);
42
FILED DATE: 9/22/2021 1:26 PM 2021L009411

layperson;

Route 178 Bridge;
of D. CONSTRUCTION, INC., prior to his death RAFAEL RIVERA TEJADA experienced pain
43
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT NINETEEN
General Allegations as paragraphs 1-45 of Count Nineteen.
178 Bridge.
44
FILED DATE: 9/22/2021 1:26 PM 2021L009411
45
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY
General Allegations as paragraphs 1-45 of Count Twenty.
178 Bridge.
46
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY-ONE
(Estate of Guillermo Rivera Tejada v. Jeff C. Gillan & D. Construction, Inc.)
47
General Allegations as paragraphs 1-45 of Count Twenty-One.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
owed a duty to GUILLERMO RIVERA TEJADA to exercise ordinary and reasonable care in the
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);
48
layperson;
FILED DATE: 9/22/2021 1:26 PM 2021L009411

Route 178 Bridge;
of D. CONSTRUCTION, INC., GUILLERMO RIVERA TEJADA sustained injuries of personal
a. Isamar Rivera Araujo, Minor Daughter;
49
FILED DATE: 9/22/2021 1:26 PM 2021L009411
Estate of GUILLERMO RIVERA TEJADA, demands judgment against Defendant, JEFF C.
COUNT TWENTY-TWO
General Allegations as paragraphs 1-45 of Count Twenty-Two.
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);
50
CFR § 1926.900(d);
FILED DATE: 9/22/2021 1:26 PM 2021L009411
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
of D. CONSTRUCTION, INC., prior to his death GUILLERMO RIVERA TEJADA experienced
51

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY-THREE
General Allegations as paragraphs 1-45 of Count Twenty-Three.
52
CONSTRUCTION, INC. posed a high degree of harm and/or death to park visitors near the Route
178 Bridge.
FILED DATE: 9/22/2021 1:26 PM 2021L009411
blasting performed by JEFF C. GILLAN, individually, and as an authorized agent, servant and/or
employee of D. CONSTRUCTION, INC.
53

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY-FOUR
General Allegations as paragraphs 1-45 of Count Twenty-Four.
CONSTRUCTION, INC. constituted an inherently dangerous and/or ultrahazardous activity.
CONSTRUCTION, INC. posed a high degree of harm and/or death to park visitors near the Route
178 Bridge.
54
FILED DATE: 9/22/2021 1:26 PM 2021L009411
55
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY-FIVE
(Estate of Immer Rivera Tejada v. Jeff C. Gillan & Gillan Construction LLC)
General Allegations as paragraphs 1-45 of Count Twenty-Five.
individually, and as an authorized agent, servant and/or employee of GILLAN CONSTRUCTION
LLC, owed a duty to IMMER RIVERA TEJADA to exercise ordinary and reasonable care in the
LLC, was negligent in one or more of the following respects:
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);
56
CFR § 1926.900(d);
FILED DATE: 9/22/2021 1:26 PM 2021L009411
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
57
of GILLAN CONSTRUCTION LLC, IMMER RIVERA TEJADA sustained injuries of personal

FILED DATE: 9/22/2021 1:26 PM 2021L009411
GILLAN, individually, and as an authorized agent, servant and/or employee of GILLAN
CONSTRUCTION LLC, an Illinois Corporation, in the amount in excess of $50,000, together
COUNT TWENTY-SIX
General Allegations as paragraphs 1-45 of Count Twenty-Six.
58

FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC, owed a duty to IMMER RIVERA TEJADA to exercise ordinary and reasonable care in the
47. On and before May 6, 2021, and at all times material, JEFF C. GILLAN JEFF C.
CONSTRUCTION LLC, was negligent in one or more of the following respects:

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);


layperson;

59
FILED DATE: 9/22/2021 1:26 PM 2021L009411
Route 178 Bridge;

of GILLAN CONSTRUCTION LLC, prior to his death IMMER RIVERA TEJADA experienced
60
COUNT TWENTY-SEVEN
FILED DATE: 9/22/2021 1:26 PM 2021L009411
General Allegations as paragraphs 1-45 of Count Twenty-Seven.
by JEFF C. GILLAN, individually, and as an authorized agent, servant and/or employee of
GILLAN CONSTRUCTION LLC, constituted an inherently dangerous and/or ultrahazardous
activity.
GILLAN CONSTRUCTION LLC, posed a high degree of harm and/or death to park visitors near
the Route 178 Bridge.
LLC, use of explosive devices and blasting, an explosion occurred which caused IMMER
LLC
61
FILED DATE: 9/22/2021 1:26 PM 2021L009411
of GILLAN CONSTRUCTION LLC
LLC, is strictly liable due to the inherently dangerous and/or ultrahazardous nature of using
explosive devices and blasting.
62

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY-EIGHT
General Allegations as paragraphs 1-45 of Count Twenty-Eight.
activity.
LLC, use of explosive devices and blasting, an explosion occurred which caused IMMER
63
LLC
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT TWENTY-NINE
(Estate of Rafael Rivera Tejada v. Jeff C. Gillan & Gillan Construction LLC)
64
General Allegations as paragraphs 1-45 of Count Twenty-Nine.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC, owed a duty to RAFAEL RIVERA TEJADA to exercise ordinary and reasonable care in the
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);
65
layperson;
FILED DATE: 9/22/2021 1:26 PM 2021L009411

Route 178 Bridge;
of GILLAN CONSTRUCTION LLC, RAFAEL RIVERA TEJADA sustained injuries of personal
66
FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC, an Illinois Corporation, in the amount in excess of $50,000, together with the costs of this
action.
COUNT THIRTY
General Allegations as paragraphs 1-45 of Count Thirty.
LLC, owed a duty to RAFAEL RIVERA TEJADA to exercise ordinary and reasonable care in the

1926.900(d);
67
29 CFR § 1926.900(d);
FILED DATE: 9/22/2021 1:26 PM 2021L009411
29 CFR § 1926.900(i);


1926.905(p);


layperson;

Route 178 Bridge;

of GILLAN CONSTRUCTION LLC, prior to his death RAFAEL RIVERA TEJADA experienced
68

FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT THIRTY-ONE
General Allegations as paragraphs 1-45 of Count Thirty-One.
activity.
69

FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC, use of explosive devices and blasting, an explosion occurred which caused RAFAEL
LLC
70
FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT THRITY-TWO
General Allegations as paragraphs 1-45 of Count Thirty-Two.
71
activity.
FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC, use of explosive devices and blasting, an explosion occurred which caused RAFAEL
LLC
72

FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT THIRTY-THREE
(Estate of Guillermo Rivera Tejada v. Jeff C. Gillan & Gillan Construction LLC)
General Allegations as paragraphs 1-45 of Count Thirty-Three.
LLC, owed a duty to GUILLERMO RIVERA TEJADA to exercise ordinary and reasonable care
in the demolition and blasting of the Route 178 Bridge.
73

FILED DATE: 9/22/2021 1:26 PM 2021L009411
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
74
FILED DATE: 9/22/2021 1:26 PM 2021L009411
of GILLAN CONSTRUCTION LLC, GUILLERMO RIVERA TEJADA sustained injuries of
75
COUNT THIRTY-FOUR
FILED DATE: 9/22/2021 1:26 PM 2021L009411
General Allegations as paragraphs 1-45 of Count Thirty-Four.
LLC, owed a duty to GUILLERMO RIVERA TEJADA to exercise ordinary and reasonable care
in the demolition and blasting of the Route 178 Bridge.

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);
76
FILED DATE: 9/22/2021 1:26 PM 2021L009411

layperson;

Route 178 Bridge;

of GILLAN CONSTRUCTION LLC, prior to his death GUILLERMO RIVERA TEJADA
77

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT THIRTY-FIVE
General Allegations as paragraphs 1-45 of Count Thirty-Five.
activity.
GILLAN CONSTRUCTION LLC posed a high degree of harm and/or death to park visitors near
78
LLC, use of explosive devices and blasting, an explosion occurred which caused GUILLERMO

FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC
employee of GILLAN CONSTRUCTION LLC
79
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT THIRTY-SIX
General Allegations as paragraphs 1-45 of Count Thirty-Six.
GILLAN CONSTRUCTION LLC constituted an inherently dangerous and/or ultrahazardous
activity.
GILLAN CONSTRUCTION LLC posed a high degree of harm and/or death to park visitors near
80

FILED DATE: 9/22/2021 1:26 PM 2021L009411
LLC, use of explosive devices and blasting, an explosion occurred which caused GUILLERMO
LLC
employee of GILLAN CONSTRUCTION LLC
81

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT THIRTY-SEVEN
(Estate of Immer Rivera Tejada v. Patrick L. Carney & D. Construction, Inc.)
General Allegations as paragraphs 1-45 of Count Thirty-Seven.
46. On and before May 6, 2021, and at all times material, PATRICK L. CARNEY,
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);
82
FILED DATE: 9/22/2021 1:26 PM 2021L009411

1926.905(p);

layperson;

Route 178 Bridge;
omissions of PATRICK L. CARNEY, individually, and as an authorized agent, servant and/or
employee of D. CONSTRUCTION, INC., IMMER RIVERA TEJADA sustained injuries of
83

FILED DATE: 9/22/2021 1:26 PM 2021L009411
the Estate of IMMER RIVERA TEJADA, demands judgment against Defendant, PATRICK L.
CARNEY, individually, and as an authorized agent, servant and/or employee of D.
COUNT THIRTY-EIGHT
General Allegations as paragraphs 1-45 of Count Thirty-Eight.
84
47. On and before May 6, 2021, and at all times material, PATRICK L. CARNEY
PATRICK L. CARNEY, individually, and as an authorized agent, servant and/or employee of D.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
CONSTRUCTION, INC., was negligent in one or more of the following respects:

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);


layperson;

Route 178 Bridge;
85
FILED DATE: 9/22/2021 1:26 PM 2021L009411

employee of D. CONSTRUCTION, INC., prior to his death IMMER RIVERA TEJADA
COUNT THIRTY-NINE
General Allegations as paragraphs 1-45 of Count Thirty-Nine.
86
by PATRICK L. CARNEY, individually, and as an authorized agent, servant and/or employee of

FILED DATE: 9/22/2021 1:26 PM 2021L009411
D. CONSTRUCTION, INC., constituted an inherently dangerous and/or ultrahazardous activity.
D. CONSTRUCTION, INC., posed a high degree of harm and/or death to park visitors near the
Route 178 Bridge.
49. On May 6, 2021, as a direct and proximate result of PATRICK L. CARNEY’s,
resulted from the use of explosive devices and blasting performed by PATRICK L. CARNEY,
performed by PATRICK L. CARNEY, individually, and as an authorized agent, servant and/or
87

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY
General Allegations as paragraphs 1-45 of Count Forty.
88

FILED DATE: 9/22/2021 1:26 PM 2021L009411
Route 178 Bridge.
89

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY-ONE
(Estate of Rafael Rivera Tejada v. Patrick L. Carney & D. Construction, Inc.)
General Allegations as paragraphs 1-45 of Count Forty-One.
90

FILED DATE: 9/22/2021 1:26 PM 2021L009411
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
91
FILED DATE: 9/22/2021 1:26 PM 2021L009411
employee of D. CONSTRUCTION, INC., RAFAEL RIVERA TEJADA sustained injuries of
Estate of RAFAEL RIVERA TEJADA, demands judgment against Defendant, PATRICK L.
92
COUNT FORTY-TWO
FILED DATE: 9/22/2021 1:26 PM 2021L009411
General Allegations as paragraphs 1-45 of Count Forty-Two.

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);
93
FILED DATE: 9/22/2021 1:26 PM 2021L009411

layperson;

Route 178 Bridge;

employee of D. CONSTRUCTION, INC., prior to his death RAFAEL RIVERA TEJADA
94

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY-THREE
General Allegations as paragraphs 1-45 of Count Forty-Three.
Route 178 Bridge.
95
FILED DATE: 9/22/2021 1:26 PM 2021L009411
96

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY-FOUR
General Allegations as paragraphs 1-45 of Count Forty-Four.
Route 178 Bridge.
97
FILED DATE: 9/22/2021 1:26 PM 2021L009411
98
COUNT FORTY-FIVE
(Estate of Guillermo Rivera Tejada v. Patrick L. Carney & D. Construction, Inc.)
FILED DATE: 9/22/2021 1:26 PM 2021L009411
General Allegations as paragraphs 1-45 of Count Forty-Five.
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);
99
FILED DATE: 9/22/2021 1:26 PM 2021L009411

layperson;

Route 178 Bridge;
employee of D. CONSTRUCTION, INC., GUILLERMO RIVERA TEJADA sustained injuries of
b. Etham Rivera Arajuo, Minor Son.
100
FILED DATE: 9/22/2021 1:26 PM 2021L009411
Estate of GUILLERMO RIVERA TEJADA, demands judgment against Defendant, PATRICK L.
COUNT FORTY-SIX
General Allegations as paragraphs 1-45 of Count Forty-Six.

1926.900(d);
101
29 CFR § 1926.900(d);
FILED DATE: 9/22/2021 1:26 PM 2021L009411
29 CFR § 1926.900(i);


1926.905(p);


layperson;

Route 178 Bridge;

employee of D. CONSTRUCTION, INC., prior to his death GUILLERMO RIVERA TEJADA
102

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY-SEVEN
General Allegations as paragraphs 1-45 of Count Forty-Seven.
103
D. CONSTRUCTION, INC. posed a high degree of harm and/or death to park visitors near the
Route 178 Bridge.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
blasting performed by PATRICK L. CARNEY, individually, and as an authorized agent, servant
and/or employee of D. CONSTRUCTION, INC.
104
b. Etham Rivera Arajuo, Minor Son.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY-EIGHT
General Allegations as paragraphs 1-45 of Count Forty-Eight.
D. CONSTRUCTION, INC. constituted an inherently dangerous and/or ultrahazardous activity.
D. CONSTRUCTION, INC. posed a high degree of harm and/or death to park visitors near the
Route 178 Bridge.
105
FILED DATE: 9/22/2021 1:26 PM 2021L009411
blasting performed by PATRICK L. CARNEY, individually, and as an authorized agent, servant
and/or employee of D. CONSTRUCTION, INC.
106
FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FORTY-NINE
(Estate of Immer Rivera Tejada v. ORICA USA Inc.)
General Allegations as paragraphs 1-45 of Count Forty-Nine.
46. On and before May 6, 2021, and at all times material, ORICA USA INC.,
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);
107
CFR § 1926.900(d);
FILED DATE: 9/22/2021 1:26 PM 2021L009411
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
omissions of ORICA USA INC. individually, and by and through its duly authorized agents,
108
servants and/or employees, IMMER RIVERA TEJADA sustained injuries of personal and

FILED DATE: 9/22/2021 1:26 PM 2021L009411
the Estate of IMMER RIVERA TEJADA, demands judgment against Defendant, ORICA USA
INC., an Illinois Corporation, in the amount in excess of $50,000, together with the costs of this
action.
COUNT FIFTY
General Allegations as paragraphs 1-45 of Count Fifty.
46. On and before May 6, 2021, and at all times material, ORICA USA INC.
109

FILED DATE: 9/22/2021 1:26 PM 2021L009411

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);


layperson;

110
Route 178 Bridge;
FILED DATE: 9/22/2021 1:26 PM 2021L009411

servants and/or employees, prior to his death IMMER RIVERA TEJADA experienced pain and
suffering, disability, disfigurement, and had he survived, he would have been entitled to bring an
action for compensation for such injuries.
action.
COUNT FIFTY-ONE
111
General Allegations as paragraphs 1-45 of Count Fifty-One.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
by ORICA USA INC. constituted an inherently dangerous and/or ultrahazardous activity.
by ORICA USA INC. posed a high degree of harm and/or death to park visitors near the Route
178 Bridge.
49. On May 6, 2021, as a direct and proximate result of ORICA USA INC.’s use of
explosive devices and blasting, an explosion occurred which caused IMMER RIVERA TEJADA’s
to suffer injuries and death.
resulted from the use of explosive devices and blasting performed by ORICA USA INC.
performed by ORICA USA INC.
blasting.
112
FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT FIFTY-TWO
General Allegations as paragraphs 1-45 of Count Fifty-Two.
113
FILED DATE: 9/22/2021 1:26 PM 2021L009411
178 Bridge.
explosive devices and blasting, an explosion occurred which caused IMMER RIVERA TEJADA’s
to suffer injuries and death.
blasting.
114
FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT FIFTY-THREE
(Estate of Rafael Rivera Tejada v. ORICA USA Inc.)
General Allegations as paragraphs 1-45 of Count Fifty-Three.
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);
115
CFR § 1926.900(d);
FILED DATE: 9/22/2021 1:26 PM 2021L009411
§ 1926.900(i);

1926.905(p);

layperson;

Route 178 Bridge;
116
servants and/or employees, RAFAEL RIVERA TEJADA sustained injuries of personal and

FILED DATE: 9/22/2021 1:26 PM 2021L009411
Estate of RAFAEL RIVERA TEJADA, demands judgment against Defendant, ORICA USA INC.,
COUNT FIFTY-FOUR
General Allegations as paragraphs 1-45 of Count Fifty-Four.
117

FILED DATE: 9/22/2021 1:26 PM 2021L009411

1926.900(d);

29 CFR § 1926.900(d);
29 CFR § 1926.900(i);


1926.905(p);


layperson;

118
Route 178 Bridge;
FILED DATE: 9/22/2021 1:26 PM 2021L009411

servants and/or employees, prior to his death RAFAEL RIVERA TEJADA experienced pain and
suffering, disability, disfigurement, and had he survived, he would have been entitled to bring an
action for compensation for such injuries.
COUNT FIFTY-FIVE
General Allegations as paragraphs 1-45 of Count Fifty-Five.
119

FILED DATE: 9/22/2021 1:26 PM 2021L009411
178 Bridge.
explosive devices and blasting, an explosion occurred which caused RAFAEL RIVERA
blasting.
120

FILED DATE: 9/22/2021 1:26 PM 2021L009411
COUNT FIFTY-SIX
General Allegations as paragraphs 1-45 of Count Fifty-Six.
178 Bridge.
121
explosive devices and blasting, an explosion occurred which caused RAFAEL RIVERA
FILED DATE: 9/22/2021 1:26 PM 2021L009411
blasting.
COUNT FIFTY-SEVEN
(Estate of Guillermo Rivera Tejada v. ORICA USA Inc.)
122
General Allegations as paragraphs 1-45 of Count Fifty-Seven.

FILED DATE: 9/22/2021 1:26 PM 2021L009411
1926.900(d), 27 CFR § 555.30, and 18 USC Ch. 40, § 842(k);

1926.900(d);

CFR § 1926.900(d);
§ 1926.900(i);

1926.905(p);
123
layperson;
FILED DATE: 9/22/2021 1:26 PM 2021L009411

Route 178 Bridge;
servants and/or employees, GUILLERMO RIVERA TEJADA sustained injuries of personal and
124
FILED DATE: 9/22/2021 1:26 PM 2021L009411
Estate of GUILLERMO RIVERA TEJADA, demands judgment against Defendant, ORICA USA
action.
COUNT FIFTY-EIGHT
General Allegations as paragraphs 1-45 of Count Fifty-Eight.

1926.900(d);

29 CFR § 1926.900(d);
125
29 CFR § 1926.900(i);
FILED DATE: 9/22/2021 1:26 PM 2021L009411


1926.905(p);


layperson;

Route 178 Bridge;

servants and/or employees, prior to his death GUILLERMO RIVERA TEJADA experienced pain
126
FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT FIFTY-NINE
General Allegations as paragraphs 1-45 of Count Fifty-Nine.
178 Bridge.
127
explosive devices and blasting, an explosion occurred which caused GUILLERMO RIVERA
FILED DATE: 9/22/2021 1:26 PM 2021L009411
blasting performed by ORICA USA INC.
blasting.
128
FILED DATE: 9/22/2021 1:26 PM 2021L009411
action.
COUNT SIXTY
General Allegations as paragraphs 1-45 of Count Sixty.
178 Bridge.
explosive devices and blasting, an explosion occurred which caused GUILLERMO RIVERA
129
FILED DATE: 9/22/2021 1:26 PM 2021L009411
blasting performed by ORICA USA INC.
blasting.
action.
PLAINTIFFS DEMAND TRIAL BY JURY.
Respectfully submitted,
SALVI, SCHOSTOK & PRITCHARD P.C.
One of the Attorneys for the Plaintiffs
130
Patrick A. Salvi (ARDC #3122090)
Tara R. Devine (ARDC #6280880)
John A. Mennie (ARDC #6311221)
FILED DATE: 9/22/2021 1:26 PM 2021L009411
Jaclyn J. Kurth (ARDC #6336949)

218 N. Martin Luther King Jr. Ave
Waukegan, Illinois 60085
(847) 249-1227
psalvi@salvilaw.com
tdevine@salvilaw.com
jmennie@salvilaw.com
jkurth@salvilaw.com
131
FILED
9/22/2021 1:26 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 9/22/2021 1:26 PM 2021L009411
14917850
2021L009411
FILED DATE: 9/22/2021 1:26 PM 2021L009411
FILED
9/22/2021 1:26 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 9/22/2021 1:26 PM 2021L009411
2021L009411
14917850
A
FILED
9/22/2021 1:26 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 9/22/2021 1:26 PM 2021L009411
2021L009411
14917850
B
FILED
9/22/2021 1:26 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 9/22/2021 1:26 PM 2021L009411
2021L009411
14917850
C
FILED
9/22/2021 1:26 PM
IRIS Y. MARTINEZ
Firm No. 34560 CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 9/22/2021 1:26 PM 2021L009411
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 14917850

COUNTY DEPARTMENT, LAW DIVISION
MALUC CORDOBA-ARCE, as the Independent )

Administrator of the Estate of INMER RIVERA )
TEJADA; and ERIC RIVERA TEJADA, as the )
Independent Administrator of the Estate of )
RAFAEL RIVERA TEJADA and the Estate )
of GUILLERMO RIVERA TEJADA; )
)
Plaintiffs, )
vs. ) 2021L009411
)No.
D. CONSTRUCTION, INC., an Illinois )
Corporation; JEFF C. GILLAN, Individually; )
GILLAN CONSTRUCTION LLC, an Illinois )
Corporation; PATRICK L. CARNEY, )
Individually; and ORICA USA INC., a Foreign )
Corporation; )
)
Defendants. )
AFFIDAVIT PURSUANT TO SUPREME COURT RULE 222(B)
Pursuant to Supreme Court Rule 222(B), counsel for the above-named Plaintiffs certify
that the Plaintiffs seek money damages in excess of $50,000.00.
Respectfully submitted:
SALVI, S HOSTOK & PRITCHARD P.C.
e of the Attorneys for the Plaintiffs

Patrick A. Salvi (ARDC #3122090)
Tara R. Devine (ARDC #6280880)
Jaclyn J. Kurth(ARDC #6336949)
John A. Mennie (ARDC #6311221)
218 N. Martin Luther King Jr. Ave
1
Waukegan, Illinois 60085
(847) 249-1227
FILED DATE: 9/22/2021 1:26 PM 2021L009411
psalvi@salvilaw.com
tdevine@salvilaw.com
jkurth@salvilaw.com
jmennie@salvilaw.com

Complaint With Exhibits

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Complaint With Exhibits

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What is the nature of the lawsuit?

What is the nature of the lawsuit?

What entities are involved in the lawsuit?

What entities are involved in the lawsuit?

12-Person Jury

MALUC CORDOBA-ARCE, as the Independent )

NOW COME the Plaintiffs MALUC CORDOBA-ARCE, as the Independent

GUILLERMO RIVERA TEJADA, and Complaining of Defendants, D. CONSTRUCTION, INC.,

an Illinois Corporation; JEFF C. GILLAN, Individually; GILLAN CONSTRUCTION LLC, an

Corporation, and states as follows:

in Chicago, Cook County, Illinois.

children of the Decedents resided in Chicago, Cook County, Illinois.

4. On and before May 6, 2021, and at all times material, Defendant D.

and doing business in Cook County, Illinois.

was an Illinois resident, residing in Bureau County, Illinois.

State of Illinois and doing business in Cook County, Illinois.

CARNEY resided in Monroe County, Florida.

doing business in Cook County, Illinois.

9. Material witnesses to this event reside in Cook County, Illinois.

been conducted and will continue to be conducted in Cook County, Illinois.

Transportation contracted with D. CONSTRUCTION, INC. to be the general contractor to perform

related to the demolition of the Route 178 Bridge.

178 Bridge, including but not limited to:

a. Perform duties of the blaster in charge;

b. Oversee blasting operations on site;

c. Perform pre-blast inspections;

d. Perform post-blast inspections.

perform duties of a blasting consultant.

b. Deliver explosives to the Route 178 Bridge job site;

c. Return explosives from the Route 178 Bridge job site;

d. Load explosives into the Route 178 bridge;

authorized agents, servants, employees, and/or subcontractors for D. CONSTRUCTION, INC.

LLC, PATRICK L. CARNEY, and ORICA USA INC.

“explosive devices”) to perform demolition services on the Route 178 Bridge.

explosive devices to perform demolition services on the Route 178 Bridge.

explosive devices to perform demolition services on the Route 178 Bridge.

30. On March 18, 2021, D. CONSTRUCTION, INC., JEFF C. GILLAN, GILLAN

31. On March 18, 2021, D. CONSTRUCTION, INC., JEFF C. GILLAN, GILLAN

program the timing of when the explosive devices would detonate.

of an undetonated explosive device to any regulatory body.

34. On May 6, 2021, at approximately 2:30 p.m., D. CONSTRUCTION, INC., JEFF

C. GILLAN, GILLAN CONSTRUCTION LLC, PATRICK L. CARNEY, and/or ORICA USA

IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA

Route 178 Bridge.

GUILLERMO RIVERA TEJADA to cook fish.

IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA

on the Route 178 Bridge.

device appeared similar in size and form to a copper rod.

warning label affixed to the explosive device.

IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO RIVERA

Decedents IMMER RIVERA TEJADA, RAFAEL RIVERA TEJADA, and GUILLERMO

RIVERA TEJADA, remained close in proximity to the campfire.

RIVERA TEJADA, and GUILLERMO RIVERA TEJADA.

of the explosive device blast.

1. Plaintiffs re-state, re-allege, and incorporate by reference paragraphs 1-45 of the

General Allegations as paragraphs 1-45 of Count One.

blasting of the Route 178 Bridge.

negligent in one or more of the following respects:

b. Failed to account for all explosives at all times in violation of 29 CFR §