Appellate Litigation

• Pina et al v. GKN et al.

  The Illinois Appellate Court affirmed summary judgment for Lipe Lyon’s client, GKN, in a lawsuit arising out of a car accident that caused one death, quadriplegia in a second man, and catastrophic injuries to three others. GKN hired inspectors to perform OSHA-required annual inspections of overhead cranes in its facility. Two inspectors were driving to the facility in the morning when they entered a controlled intersection without stopping, causing the accident. The plaintiffs argued the inspectors were acting as agents of GKN at the time. GKN countered that it did not exercise control over the inspectors’ drive to its facility, and that the other factors courts consider when evaluating agency weighed in GKN’s favor. Both the trial court and Appellate Court agreed, dismissing the plaintiffs’ claims against GKN with prejudice.

• Rice v. Speedway et al. v. Robinette Demolition et al.

  Jordan Tank and Josh Yonke negotiated a nominal settlement for their client that resolved a spoliation of evidence claim made in a suit which arose out of a series of 10 explosions that occurred in Westmont in November 2017. A Speedway gas station leaked 10,000 gallons of gasoline into the surrounding sewer system, which ultimately led to the explosions occurring in and around nearby residential buildings and along the sewer lines. Lipe Lyons’ client was hired to shore up an apartment building that was damaged when one of the explosions occurred in its basement. Speedway alleged the shoring work destroyed evidence and Lipe Lyons countered that the work actually preserved evidence by stabilizing the damaged building. The settlement was made directly with the plaintiff who filed suit against Speedway. The court approved the settlement, terminating Speedway’s spoliation claim and any other claims that could have been brought against the firm’s client.

• Gerasi v. Gilbane Building Company, Inc. et al., 2017 IL App (1st) 133000

  The plaintiff was an electrician who was severely injured when an electrical breaker he was working on arc-flashed and exploded. Gilbane, the defendant represented by Lipe Lyons attorneys, was the general contractor overseeing the work of the plaintiff’s employer. The plaintiff made a global settlement demand of $17.5 million to settle and right before the hearing on the defendants’ motions for summary judgment the co-defendants settled for over $3 million, leaving Gilbane as the sole defendant. However, the trial court granted Gilbane summary judgment and the First District affirmed, finding no question of fact that Gilbane was not liable under Section 414. The First District assumed that Gilbane had a legal duty due to evidence of control it retained over the plaintiff’s employer but found that it acted reasonably by fulfilling its contractual safety responsibilities. The First District further found that Gilbane did not have notice of the allegedly dangerous work practice that allegedly caused the plaintiff’s injuries. In October 2017 the Illinois Supreme Court denied the plaintiff’s petition for leave to appeal, ending the case.

• Cortes v. Olde Salem Homeowners Ass'n, 2012 IL App (1st) 111461-U

  The First District affirmed the trial court’s order granting the defendant summary judgment on the plaintiff’s negligence claim. The plaintiff slipped and fell on snow and ice, and the trial court and First District found no question of fact that the claim was barred by the Snow and Ice Removal Act.

• Estate of McKenna, et al. v. AlliedBarton, et al.

  Consolidated wrongful death and personal injury lawsuits arising out of December 2006 hostage situation in Chicago's Ogilvie Transportation Center. During the confrontation, three hostages and the hostage taker were killed, and a fourth hostage was shot and injured. The shooter was a middle-aged truck driver who believed he came up with the idea for a portable toilet that truckers could use while on the road. After a patent attorney told him the idea had aleady been patented, the shooter came to believe the patent attorney stole the idea and profited off it. He went to Ogilvie, where the attorney's office was located, took a security guard hostage, forced his way into the attorney's law firm, and shot the attorney and several co-workers. After several days of trial, Lipe Lyons' client, the owners and managers, settled for a confidential amount. The jury ultimatley found the building's security company was negligent, and awarded the plaintiffs over $33 million in damages.