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A DEFENSE LAW FIRM DEDICATED TO IMPROVING
DEFENSE ARGUMENTS FOR INSUREDS & SELF-INSUREDS

Representative Trials Won By the Firm

(1) Yanello vs. Park Family Dental, et al., Suit No. 11 L 0756, Will County (March 3 to March 14, 2014).

Plaintiff claimed Dr. Jae S. Roh and Park Family Dental improperly placed dental implants in her upper jaw, resulting in implant failure, bone loss and Defendants contended the placement of implants was within the standard of care.

Plaintiff’s Last Demand:          $975,000

Verdict for Defendant:              Not Guilty

(2) Haskell vs. Housing Authority of Cook County, Cause No. 11 cv 07727 (ND.Ill) (December 9 to December 12, 2013).

Defense contended that Plaintiff was not terminated in retaliation for her complaint of racial discrimination but for poor performance.

Plaintiff’s Last Demand:           $136,346

Verdict for HACC:                       Not Guilty

(3) U.S. Food Service vs. U.S. Steel , Suite No. 03 L 10249, Cook County

Employee of U.S. Foodservice hit by pallet which fell from storage rack and contended Defendant Loeb negligently designed the rack system.

Plaintiff asked:                             $500,000

Verdict for Defendant:                Not Guilty

(4) Joshi vs. Township High School District 211, Suit No. 10 L 2739 (Cook County) (October 15 to October 19, 2012)

Plaintiff slipped and fell on concrete peninsula causing trimalleolar fracture on right ankle and soft tissue injury. Defense contended peninsula was adequately illuminated and accumulation of snow was natural event.

Plaintiff asked:                                $430,000

Verdict for Defendant:                   Not Guilty

(5) Olinyk vs. Fleming, et al., Cause No. 10 cv 5148 (ND. Ill) (April 16 to April 20, 2012).

After Plaintiff was arrested, he claimed officers violated his rights by using excessive force while moving him to an ambulance for treatment.

Plaintiff asked:                                $60,000

Verdict:      For Plaintiff on claim of failure to intervene ($100 compensatory damages)

(6) East vs. Northeast Illinois Regional Commuter RR d/b/a METRA, Suit No. 07 L 8899 (September 14 to September 19, 2012).

Plaintiff working on locomotive tripped and struck his head and shoulder due to height differential resulting in two surgeries. Defense denied negligence and claimed Plaintiff’s injuries were pre-existing.

Plaintiff asked:                                $400,000

Verdict:                               $80,000 for Plaintiff less 82% negligence, net award $13,545

(7) Coleman v. Metra, Suit No. 06 L 10573 (Cook County) (January 19, 2011 to February 7, 2011).

Pedestrian struck by Metra train when he walked around crossing gates.  Plaintiff Coleman suffered traumatic brain damage and multiple fractures.

Plaintiff asked jury for $8.6 million.

Verdict for Metra:  Not Guilty

(8)  Shutler v. Lake Forest Country Day School, Suit No. 07 C 6553 (No.Dist. Ill.) (January 4 to January 12, 2011).

Plaintiff, age 63, kindergarten teacher’s contract not renewed and sued for age discrimination under the ADEA.

Plaintiff asked for $740,000.

Verdict for Lake Forest Country Day School:  Not Guilty

(9)  Carr v. Metra, Suit No. 06 L 213 (Cook County) (February 2009)

Plaintiff Metra Conductor stepped down from train on soft roadbed which collapsed into a hole and severely fractured his ankle.

Plaintiff asked jury for $415,000.

Verdict for Metra:  Not Guilty

(10) Ewing v. Metra, Suit No. 06 L 11277 (Cook County)

Plaintiff Metra Ticket Seller claimed her work caused carpal tunnel injury.

 Plaintiff asked jury for $157,000.

Verdict for Metra:  Not Guilty

(11) Duran v. Oak Lawn Community High School District No. 229 (Cook County) (June 28 to July 20, 2010)

Freshman baseball player collapsed during practice in right field and died from an undiagnosed and untreated enlarged heart and District No. 229 sued for failure to use an AED or CPR to rescue him.  District personnel came to field, checked pulse and breathing and turned case over to two EMTs present at the field with an ambulance, there by happenstance.

Plaintiff asked for $7 million.

Verdict for District No. 229:  Not Guilty

(12) Atamian v. High School District 211 (Cook County) (June 1 to June 8, 2009)

Plaintiff in physical education class suffered two fractured elbows when thrown to floor by another student just “goofing around” and sued District No. 211 and teacher.

Plaintiff asked for $1,156,254.00

Verdict for District No. 211 and teacher:  Not Guilty.  But, verdict against co-defendant student for $16,627.00.

(13) Kilbourne v. City of Park Ridge (Cook County) (September 12 to September 25, 2008)

Plaintiff tripped and fell on 2” rise in City sidewalk and needing a cervical fusion.

Plaintiff asked for $850,000.

Verdict for City of Park Ridge after $200,000 award with 50% contributory negligence reduced to $100,000 and then set aside on jury’s answer to special interrogatory finding the City had no notice of the 2” rise.

(14)  Diaz v. Schaumburg Park District (Cook County) (June 9 to June 17, 2008)

Plaintiff, elderly patron, nearly drowned in Park District swimming pool, but lifeguards saved and revived him, but he suffered permanent brain damage and Park District sued on claim lifeguards not act quick enough.

Plaintiff asked for $2.8 million.

Verdict for Park District:  Not Guilty

(15) Estate of Conn v. Village of Oak Park (Cook County) (November 16 to November 29, 2006)

Plaintiff tripped and fell on a Village sidewalk with slight rise and suffered a fractured hip and died eight weeks later in the hospital from a pulmonary embolism and Estate sued the Village.

Plaintiff asked for $1.2 million.

Verdict for Village:  Not Guilty

(16) Brooks v. Illinois Central Railroad & Metra (Cook County)  (May 10 to June 5, 2007)

Plaintiff minor got to railroad tracks through a hole in a Metra-maintained fence, climbed on an Illinois Central train, it started moving, she jumped off, but her leg was run over and lost.

Plaintiff asked for $12 million to $13 million.

Verdict:  Hung jury.  Metra settled for $200,000 before second trial.

(17) Estate of Lundstrom v. DeJesus & Schaumburg Auto Sales (Cook County) (May 5 to May 23, 2000)

Passenger in Dealer Auto driven by Dealer Salesman, DeJesus, on his own time, died when car rolled over on a curve after a night of drinking where driver was intoxicated and found guilty of reckless driving and Estate sued driver and Dealer.

Plaintiff asked for $6.5 million.

Verdict against DeJesus (driver) for $261,361.

(18)  Hails v. Jefferson County (Jefferson County) (November 2 to November 12, 1999)

Plaintiff driver lost control on County road freshly oiled in morning before accident, left road, rolled over and was rendered a paraplegic.  County defended, claiming speed too fast, not gravel road caused accident.

Plaintiff asked for $4.1 million.

Verdict for County:  Not Guilty

(19)  Snyder v. Curran Township (Sangamon County) (November 17 to November 25, 1997)

Plaintiff driver lost control on a one-lane Township gravel road on an “S” curve, rolled over and was blinded and paralyzed on one side and sued Township, claiming “S” curve warning sign on left-hand side of road and Uniform Manual required it on right side (which was a deep ditch where it would have been too low to see).

Plaintiff asked for $2.3 million.

Verdict for Township:  Not Guilty

(20) Clausen v. Glenview Park District (Cook County) (January 16, 1996 to February 16, 1996)

Plaintiff, painting contractor, painting work fell 30 feet from a scaffold in the ice skating rink sued the Park District claiming the scaffold he fell from was borrowed by the painting contractor from the Park District and had no guardrail.  Plaintiff suffered brain damage, resulting in his status as a brain-damaged quadriplegic.  Contractor paid its $2 million policy and Park District offered $100,000.

 Plaintiff asked for $20 million.

 Verdict:  Hung jury.  Park District settled before second trial for $200,000.

(21)  Estates of McPhail & Garren v. Jefferson County (Jefferson County) (May 15 to June 5, 1995)

Plaintiff driver and passenger lost control of car at 1:00 a.m. at night on County “ oil and chip” road freshly graveled day of accident and sued County claiming “thick gravel’ caused accident.  County defended, claiming speed too fast.

Plaintiff asked for $750,000 for driver and $320,000 for passenger.

Verdict for Jefferson County:  Not Guilty

(22)  Estate of Adcock v. Wiberg & Fournier v. Frankfort Township (Will County) (September 27 to October 29, 1993)

Two autos collided at a Township road intersection on “oil and chip roads” — one person died, one was severely brain-damaged and one had less severe brain damage.  They sued the Township, contending a cornfield blocked view at the intersection and County needed to install “warning signs” or “traffic control devices.”

Plaintiffs asked for $14 million.

Verdict for Frankfort Township:  Not Guilty

(23) Estate of Mitchelar v. Village of Livingston (Madison County) (November 15 to November 23, 1993)

Intersection accident where Village of Livingston installed a “Yield Sign” for northbound traffic, but no “Yield Sign” for southbound traffic and driver of auto who was five months pregnant claimed she lost twins in accident and sued Village contending it was negligent in not installing a “Yield Sign” for southbound traffic.

Plaintiff asked for over $100,000.

Verdict for Village;  Not Guilty

(24) Estate of Kiep v. Troy Township (Will County) (July 29 to August 15, 1991)

Plaintiff driver drove off road at a “T” intersection and was paralyzed, rendered a quadriplegic, and died two years later and Estate sued the Township, claiming the “Stop Sign Ahead” warning sign was obscured by a rural mailbox so plaintiff missed “Stop Ahead” sign and “Stop” sign at “T” intersection.

Plaintiff asked for $6.3 million.

Verdict for Township:  Not Guilty

(25) Estate of Hoffman v. Close (Cook County) (November 27 to December 13, 1990)

Plaintiff Tenant in apartment over grocery store died in a fire that started in the grocery store and sued the electrician who installed a new electrical panel claiming it was defective.  Defendant showed cause for fire was undetermined, but it started on the floor well below and away from the electrical panel.

Plaintiff asked over $400,000.

Verdict for Defendant Close:  Not Guilty

(26) Estate of Parish v. Village of Schaumburg (Cook County) (May 31 to June 22, 1988)

Plaintiff driver failed to stop at unoperating traffic light knocked out by a storm and was killed in an intersection collision.  Driver had a .154 blood alcohol reading (intoxicated).  Village claimed storm knocked out traffic lights and an unoperating traffic signal is like a “Stop” sign.

Plaintiff asked for $2.7 million.

Verdict for Village:  Not Guilty

(27) Estates of Hybl & Kittle v. DuPage County (DuPage County) (November 28 to December 20, 1988)

Plaintiff driver drove off a County road on a curve and driver and passenger died in accident and Estate sued DuPage County claiming that under the Uniform Manual, there should have been an “Advisory Speed Plate” on the “Curve” Sign showing the speed the curve could be driven at.

Plaintiffs asked for $4.5 million.

Verdict for County:  Not Guilty

(28) Estate of DiBenedetto v. County of DuPage (DuPage County) (October 5 to October 16, 1987)

Two wrongful death, drunk driver into “Construction Zone” trials where County road was under construction and partially closed and partially open for one-lane traffic.  Drunk driver drove into “Construction Zone,” lost control and killed a construction worked, whose Estate sued DuPage County claiming County did not properly “sign and barricade road” as required by the Manual on Uniform Traffic Control Devices (MUTCD).

1st Trial:  Not Guilty for County, but Appellate Court reversed and sent back for a new trial.

2nd Trial:  Hung Jury.

Before 3rd Trial, County settled for $20,000.

(29) Estate of Ridder v. County of Will (Will County) (May 6 to June 5, 1983)

Plaintiff stopped for “Stop” sign at intersection, but could not see cross-traffic because of a tree near the intersection and pulled into intersection where she collided with an auto in a through-traffic lane and Estate sued Will County, claiming the County should have “cut down” the tree or required the property owner to cut it down.  County claimed no authority over the tree.

Plaintiff asked for $1.2 million.

Verdict for Plaintiff for $280,000.

(30) Estate of Ark v. Allen Township (Lake County) (September 8 to September 17, 1977)

Plaintiff driver of auto driving to barn-painting job, drove in front of a train at a Railroad Crossing on a Township gravel road and was killed.  Estate sued the Township, contending he did not see the railroad tracks or Railroad Crossbucks and that the Township failed to maintain the “Railroad Advance Warning” sign (someone knocked it down – probably a farmer going into his field to cut corn).

Plaintiff asked for over $140,000.

Verdict for Township:  Not Guilty

(31)  Estate of Marlaire v. North Palos Fire Protection District (Cook County) (October 11 to October 18, 1975)

Plaintiff was walking along side of road (no sidewalk) and was struck by a fireman driving his own personal auto and returning from a fire call.  Plaintiff rendered a quadriplegic and sued North Palos Fire Protection District, contending negligent “lookout for pedestrians on the road.”

Plaintiff asked for $1.5 million.

Verdict for Fire Protection District:  Not Guilty