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Adams v. PMC. Defended trucking company and driver in chemical release case involving over 5000 plaintiffs and multiple defendants. Plaintiffs alleged exposure to chemical fumes resulting in a variety of respiratory injuries. After extensive discovery over several years obtained summary judgment for trucking company and driver.
Barton v. Trent. Defended trucking company and driver who allegedly made an excessively wide right turn at intersection and hit plaintiff's car that was stopped in the opposite direction waiting to make a left turn. Plaintiff claimed ligament tear in wrist and resulting surgery caused by accident. Net verdict for plaintiff was less than 8% of offer and less than 5% of demand.
Benton v. Summit Illinois Trailer. Defended owner of tractor-trailer in a personal injury case. Plaintiff, operator of a forklift, claims he fell through a hole in the trailer floor because of an unsecured metal plate. Plaintiff sustained back injury resulting in permanent total disability. Verdict for the defendant.
Bieruta v. Klein Creek, et al. Successfully defended the owner's representative in a case involving a plaintiff who was employed by the excavation contractor at the site. Plaintiff alleged he was forced to climb out of the machine he was operating and go into the trench he was digging, and while climbing out of the trench, the trench caved-in, causing him injury. Brought motion for summary judgment on behalf of the owner's representative alleging owner's representative did not control the means and methods of the excavation contractor's work. Motion was granted by the trial court, and plaintiff appealed. The First District Court of Appeals ultimately upheld the trial court's ruling in a published opinion.
Blessen v. ProntowTowing. Defended towing company in wrongful death action where tow truck was on roadway without flares when passenger of disabled vehicle was killed when struck by automobile. Verdict for defendant towing company.
Burnett v. Bigelow Homes. Defended general contractor in Structural Work Act case brought by plaintiff carpenter. Plaintiff, in his 30's, while sheeting a roof was injured requiring two cervical fusions and he was unable to return to his prior employment. Plaintiff incurred over $100,000 in medical bills and claimed several hundred thousand dollars in lost income. Case settled for less than 75% of the plaintiff's medical bills. After settlement, pursued declaratory judgment action against the insurer of plaintiff's employer and recovered 50% of defense costs and indemnity payments.
Cargill v. Waste Management & Harbour Contractors v. Tri-State Enterprises. Defended third-party defendant Tri-State Enterprises in personal injury action by ironworker who fell 30 feet from platform after losing balance due to fumes in his work area. Case settled for seven figures, but third-party defendant Tri-State, who contributed to the production of fumes, paid less than 2% of the settlement.
Carr v. Drs. Mruz and Albion. Defended two obstetricians/gynecologists in a medical malpractice action alleging a failure to diagnose and treat an ectopic pregnancy. Ectopic pregnancy ruptured necessitating an emergency laparotomy. Verdict for the defendants. Case featured in Verdicts, Settlements & Tactics, a West Group publication, Volume 20, Number 10.
Estate of Soler v. Dr. Lipschultz. Defended internist in a wrongful death medical malpractice action alleging failure to diagnose bleeding duodenal ulcer. Verdict for the defendant.
Garth v. Hendrix. Defended pain management specialist in a defamation action alleging that the defendant published a medical report that erroneously claimed the plaintiff had been treated for HIV when in fact the plaintiff had been tested for HIV. The medical report was sent to the Chicago Police Department where the plaintiff was employed and the letter was leaked to the plaintiff's fellow police officers who allegedly harassed the plaintiff. Plaintiff asked the jury for $2,300,000. Verdict for the defendant.
Hart v. Loop Recycling and D&D Disposal. Defended waste disposal company in motor vehicle accident. Verdicts totaling $2,013,071 entered in favor of two plaintiffs against client and co-defendant. Client found 5% at fault. Following judgment, successfully prosecuted an indemnity action against the co-defendant and received indemnity for all damages including attorney's fees.
Howard v. Loop Paper Recycling. Represented Loop Paper in a class action medical monitoring case filed by plaintiffs who alleged that cardboard that caught on fire at a nearby recycling facility caused them injury. Initially brought motion to dismiss strict liability claim which was granted by the court with prejudice. Entire suit was eventually dismissed based on plaintiffs failure to prosecute case, and plaintiffs did not re-file case within required statutory time limit.
Mendoza v. Rockford Forging, et. al. Successfully defended Rockford Forging, a company who allegedly manufactured part of the mold that closed on plaintiff's hand, causing her injury. Rockford was sued by plaintiff, and motion to dismiss was brought on Rockford's behalf alleging plaintiff's claim was time barred by the statute of limitations. Rockford's motion was granted with prejudice. Co-defendant refused to dismiss counterclaim, so motion for summary judgment was filed on Rockford's behalf, arguing that the product had been substantially altered and changed since it left Rockford's control. Rockford was ultimately dismissed from the case.
Microsystems v. SMS. Prosecuted plaintiff commercial dispute in which Microsystems sued a customer for unauthorized use of software. Defendant had licensed the product for a number of systems, but allegedly was using the software on a number of unlicensed systems. Case settled for more than double the pre-suit demand by Microsystems.
O'Neill v. Ellermets. Defended automobile driver who made left turn in front of vehicle in which plaintiff was a passenger, allegedly causing driver of plaintiff's vehicle to lose control and go off the roadway. Verdict in favor of the defendant.
Portfolio v. Marvin Windows. Defended Marvin Windows, a window supplier, on a third-party claim for contribution filed by the general contractor in a construction defect case. Brought motion to dismiss based on a statute of limitations argument that was granted by the court. Portfolio was given leave to amend its third-party complaint. After receiving the amended third-party complaint, Marvin brought another motion to dismiss. Prior to ruling, Portfolio agreed to voluntarily dismiss Marvin from the case with prejudice.
Reed v. Midpack Corporation, et. al. Plaintiff was mother of decedent who hung himself while in police lock-up with a paper isolation gown provided to him by the City of Chicago. Plaintiff sued the City and several gown manufacturers and distributors in federal court, including Midpack Corporation, who distributed gowns to the City several years prior to this incident. A motion for summary judgment was filed on Midpack's behalf, citing the fact that plaintiff had no evidence that the gown the decedent used to hang himself with was a gown distributed by Midpack. After the filing of the motion, Midpack settled out of the case for $12,500. Motion for good faith settlement was approved by the court.
Reidy v. Wilger. Defended automobile driver who made a left-hand turn in front of the plaintiff on a yellow light. Verdict for the defendant.
Ritter v. Rudolf Express. Defended trucking company and driver in wrongful death case brought by estate of pedestrian run over by tractor-trailer at intersection. Dispute as to whether pedestrian in crosswalk. Verdict for the defendants.
Simmons v. Stockberger. Defended trucking company in wrongful death and personal injury action. Decedent was driving a vehicle with plaintiff as a passenger. Decedent's vehicle struck by defendant trucking company vehicle. Verdict for defendant on wrongful death case and defendant apportioned 25% on plaintiff's personal injury case.
Stenson v. Bello. Defended ophthalmologist in a medical malpractice action alleging a failure to diagnose an impending stroke. Plaintiff suffered a massive stroke resulting in "locked in syndrome" with seven million dollars in future medical expenses. Verdict for the defendant.
Sullivan v. Sajewich. Defended homeowners who were sued by invitee who fractured leg as a result of fall, allegedly due to inadequate lighting. Verdict for the defendants.
Tomasello v. West Suburban Neurosurgical Associates. Defended neurosurgeon in a medical malpractice action alleging that the defendant failed to insert an intracranial pressure monitor which led to the decedent experiencing increased intracranial pressure and a respiratory arrest resulting in death. The decedent was a 17-year old girl survived by her parents and sister. Prior to trial, the plaintiff demand $4,000,000. At the time of trial, the plaintiff asked the jury for $9,000,000. Verdict for the defendant.
Turner Construction v. The Levy Company. Defended drywall subcontractor in a building construction accident where drywall deliverer fell and sustained a comminuted fracture of his patella. General contractor settled with the plaintiff and prosecuted a contribution action against defendant. Jury returned a verdict apportioning 20% of the liability against the defendant.
Wall v. Wainer. Defended family practice physician in a medical malpractice action alleging that the defendant failed to warn the radiology department that the decedent had swallowing difficulties before the decedent underwent a radiological examination requiring him to consume barium. During the procedure, the decedent suffered a massive barium aspiration and died. Verdict for the defendant. Case featured in West's Jury Verdicts - Illinois Reports, October 2005, Westlaw Citation: 2005 WL2614892.
West v. Henry Bros. Co., et al. Defended the general contractor in a case involving an ironworker who alleged he was injured when a crane operator lowered a beam toward him without a signal. Plaintiff alleged a career-ending injury and demanded in excess of $1 million to settle the case. Settled on behalf of the general contractor prior to trial for $75,000. Case went to trial against the crane operator and plaintiff received a verdict of over $2 million.
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