Lipe Lyons Murphy Nahrstadt & Pontikis Ltd. | Representative Matters
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Representative Matters

  • Plaintiff v. Defendant Attorney

    Lipe Lyons obtained dismissal with prejudice of a legal malpractice claim against a family law attorney and his law firm. The plaintiff, a former client, alleged that her attorneys failed to secure a sufficient amount of maintenance payments and properly categorize marital and non-marital assets, forcing her to settle for less than she was entitled to. The trial court first found that her claims for maintenance payments were barred by the statute of limitations, and gave the plaintiff leave to amend her complaint. After the amendment, the trial court dismissed the claims arising out of the categorization of marital property with prejudice because the plaintiff agreed in the settlement documents that the amount of the settlement was fair and reasonable, and it was speculative to assume she could have settled for more if the defendants had categorized her non-marital property differently.

  • Alvares v. 11th Street Plaza, LLC, et al.
    August 8, 2019

    Jordan Tank and Krista Krepp obtained summary judgment for a property owner in a premises liability lawsuit filed by a plaintiff who claimed she incurred nearly $250,000 in special damages after tripping over uneven asphalt in a parking lot that was being repaved. The trial court agreed that the owner did not know about the allegedly dangerous condition or have control over the contractors performing the repaving work. The trial court made the summary judgment order final and appealable, and the plaintiff chose not to seek appellate review within 30 days, ending the litigation for the owner.

  • Beverly Materials, LLC v Midwest Material Management, LLC
    April 22, 2019

    In a commercial eviction/business dispute, the jury returned a verdict in favor of Lipe Lyons' client after less than 10 minutes of deliberations. The plaintiff landlord sought eviction of its tenant. The defendant alleged the plaintiff sought eviction to retaliate against it and to shut down its business because it was competing with another business that an owner of the plaintiff started operating next to it just six weeks before the plaintiff filed suit. After the tenant signed the lease at issue, it helped the plaintiff develop the business that started just six weeks before the suit was filed, with the expectation that it would be allowed to operate the business once it opened to the public. However, the plaintiff's owner decided he would rather have the defendant remain where it is currently located and pay rent while he started another company to operate the compost facility and receive the revenue it generated. Internal correspondence and documents created by the plaintiff and its agents showed that they knew the defendant had a right under the lease to relocate its business and operate the compost facility. When the compost facility started operating, the defendant sent correspondence to the plaintiff stating that it had breached the lease. One month later, the plaintiff filed its lawsuit seeking eviction. After a week of trial, the jury found in favor of the defendant.

  • Meyer et al. v Currie Tech Corp., et al.
    April 8, 2019

    Lipe Lyons attorneys settled a complex product liability case pending in Omaha, Nebraska days before trial for a small percentage of the plaintiffs’ initial $29 million demand. One of the plaintiffs had purchased an e-bike conversion kit that added a 500-watt motor to his 30-year-old bicycle. He installed the kit himself. Shortly after the installation he was thrown from the bicycle and onto his head in an unwitnessed accident. He alleged the accident caused a traumatic brain injury that prevented him from continuing his successful practice as a psychiatrist. His wife also sought damages for loss of consortium. The plaintiffs alleged strict liability, negligence, res ipsa loquitur, and breach of warranties. Defendants argued that the conversion kit was properly designed, manufactured, and accompanied by sufficient documentation, and that the plaintiff negligently installed the kit on his bicycle.

  • Elofson v. Costco
    January 17, 2019

    Defended premises liability action where Plaintiff sought damages following a slip and fall on food in a food court area.  Summary judgment was secured for the Defendant.

  • Durica et al. v Commonwealth Edison Co. et al.

    Lipe Lyons successfully defended a large tree cutting contractor in a class action lawsuit alleging that our client, along with Commonwealth Edison, improperly removed trees from properties owned by the plaintiffs and members of the putative class. The class exceeded 5,500 members; it was defined as all individuals in the State of Illinois who own property underneath or adjacent to Commonwealth Edison power transmission lines. After we defeated Plaintiffs' motion for class certification, the case settled and was dismissed with prejudice.

  • Schmid v. Krupp et al.

    Lipe Lyons obtained summary judgment, and the Illinois Appellate Court affirmed, for a law firm and its attorney in a legal malpractice claim involving numerous liaiblity and damages issues. The plaintiff filed suit against his former attorneys alleging they failed to exercise reasonable care in relation to a divorce trial. The plaintiff claimed the defendants were negligent in not offering medical testimony regarding the former spouse’s medical condition that prevented her from working, and economic testimony regarding the coal industry and the plaintiff's alleged inability to secure employment as an engineer who specialized in the construction of coal-fired powerplants. The plaintiff also made several complicated arguments regarding his damages and the way that defendants' alleged negligence impacted how much he had to pay his former spouse. After three years of discovery, the Illinois Appellate Court agreed with the trial court that there was no question of fact that the plaintiff could not meet his burden of proof on any of his claims.

  • Dillow v. Tri-Cities Dialysis

    Obtained summary judgment for the defendant medical provider in a premises liability action brought by a patient who allegedly tripped over a mat and fell, sustaining injuries that required orthopaedic surgery.

  • Handler v. Powell Tree Care, Inc. 

    The plaintiff was a mother who claimed injuries to herself and her young child, and developmental injuries to her unborn baby, after she fell. The plaintiff voluntarily dismissed her claim after the defendant moved for summary judgment.

  • Alejandre v Gallant Construction

    Jordan Tank defended a general contractor that was overseeing a road construction project against a lawsuit filed by a plaintiff who was rendered a paraplegic when his personal vehicle allegedly struck an unbarricaded cut-out in the roadway and drove into a light pole. At the time of the accident, Plaintiff and two of his friends were driving from a house party to a party store. The driver of the vehicle was impaired by intoxication well beyond the legal limit. After a week of trial, the parties settled for a fraction of Plaintiff's initial settlement demand. 

  • Budget Truck Rental, LLC v. Latoya et al.

    Prosecuted a hard fraud lawsuit against individuals involved in organized crime ring who filed fraudulent personal injury and property damage claims which arose out of orchestrated “crash for cash” motor vehicle accidents. Worked with the Chicago Police Department and the FBI to investigate the members of the crime ring and show the connections between the illegal and the legal aspects of the conspiracy to defraud insurers. Once subpoenas for depositions were issued to the leaders of the conspiracy, the personal injury lawsuits were voluntarily dismissed.

  • 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.

  • Doherty v. AMEC et al.

    Plaintiff, a carpenter, was setting 4,800 pound concrete retention walls when one of the walls collapsed onto him, crushing his cervical and lumbar spine, both hips, a rib, a lung, and causing other injuries. Jeff Lipe and Jordan Tank represented RM Chin, a construction management firm that provided resident engineers to observe the work of Doherty’s employer and make sure the work complied with the plans and specifications. During discovery Lipe Lyons attorneys took the lead on depositions to show that the employer was solely responsible for Doherty’s safety. Even though Plaintiffs’ attorneys targeted RM Chin with their own questions, when fact discovery was over Plaintiffs settled directly with Doherty’s employer and voluntarily dismissed their claims against RM Chin.

  • Estate of Miller v. Harbaugh, 698 F.3d 956 (7th Cir. 2012)

    The Seventh Circuit affirmed the trial court’s order granting a psychologist summary judgment on the plaintiff’s Eighth Amendment deliberate indifference claim. The plaintiff was the estate of an underage prisoner with a history of mental illness and suicide attempts who committed suicide in a juvenile detention facility. The Seventh Circuit and trial court found no question of fact that the psychologist was not deliberately indifferent to the decedent’s medical needs.

  • Estate of Petrella, et al. v. DND International, Inc., et al.

    Renato Velasquez was driving a flatbed truck when he fell asleep at the wheel and crashed into several vehicles that were stopped by the side of the road. The accident killed a tollway worker, set a police car on fire with the officer inside, causing burns to nearly half of his body, and injured another truck driver. All three filed lawsuits (which were consolidated) against Velasquez, his employer, and CRST, the broker that arranged for the shipment that Velasquez was making at the time of the accident. Lipe Lyons attorneys represented CRST and argued that it was not liable because Velasquez was not acting as its agent at the time of the accident. The plaintiffs demanded $55 million to settle. Shortly before trial all three cases settled for less than half of the plaintiffs’ initial demands.

  • Estate of Swenson, et al. v. Adam Troy and Hussmann Corporation

    Troy was driving one of Hussmann’s commercial vehicles when he rear-ended a line of stopped vehicles at 57 mph during morning rush hour. Troy’s vehicle struck Aaron Swenson’s vehicle, pushing it forward into Joseph LeSanche’s vehicle. Good Samaritans tried to resuscitate Swenson but were unable; he died at the scene. One of the Good Samaritans called Aaron Swenson’s wife, who had just found out that she was pregnant and overheard the resuscitation efforts. She miscarried four weeks later and filed suit for the wrongful death of her husband and unborn child. LeSanche filed suit for his own personal injuries and the cases were consolidated. Troy was charged with multiple counts of driving under the influence and he entered a plea of not guilty. At trial, the plaintiffs sought compensatory and punitive damages. Hussmann admitted that it was vicariously liable for Troy’s negligence, and both of the defendants admitted that Troy’s negligence caused Aaron Swenson’s death and LeSanche’s personal injuries. However, Troy and Hussmann denied that Troy’s conduct was willful and wanton and that the plaintiffs were entitled to punitive damages. Before trial the plaintiffs demanded $26 million to settle. During the two week trial Troy invoked the Fifth Amendment and the plaintiffs were not allowed to call him to testify as an adverse witness, but the jury was instructed that it could draw an adverse inference from his silence. After the trial the jury awarded Swenson $22.7 million and LeSanche $12.4 million but the trial court remitted the verdicts to $12.7 million and $7.4 million after granting the defendants’ post-trial motion, which argued that numerous evidentiary and instructional errors caused the jury to award excessive verdicts based on sympathy. The defendants then settled with Swenson for less than the remitted amount of the verdict, and appealed the LeSanche verdict.

  • Farley v. Pat Mooney, Inc.

    Defended a North American distributor of industrial machinery against a product liability lawsuit that arose out of amputation injury to the operator of a production saw system. Plaintiff's primary theory of liability against the distributor was that it failed to properly train Plaintiff how to operate the saw system. The court granted several successive motions to dismiss arguing that Plaintiff's theory was educational malpractice and therefore barred under Illinois law before ultimately dismissing the claims against the distributor with prejudice.

  • 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.

  • Harris v. Certco

    Defended a trucking company and its driver against a lawsuit that arose out of a rear-end motor vehicle collision on the freeway between a tractor-trailer and personal vehicle which resulted in catastrophic injuries to the driver of the personal vehicle, including paraplegia. Neither the plaintiff nor the driver of the tractor-trailer remembered the accident. After substantial fact discovery into the potential causes of the accident, the case settled for less than eight figures.

  • In re Blitz USA Gas Can litigation

    Acted as local counsel for an international retailer in product liability lawsuits that arose out of its sale of gas cans which were allegedly prone to catching fire and exploding because they lacked flame arresters.

  • In re Walters Bus accident

    Defended a repair shop against numerous consolidated lawsuits that arose out of a motor coach rollover accident in Arkansas that killed or seriously injured the bus’s driver and 28 passengers. The bus veered off of the highway while traveling between 60 and 70 miles per hour, fishtailed, and then rolled over one and a half times. The bus's roof ripped off and multiple passengers were ejected. The driver and 14 passengers died in the accident, and the other 14 remaining passengers were seriously injured. Several years before the accident, the bus had been stored in a warehouse that caught fire. The plaintiffs alleged the bus' structural integrity was weakened in the fire, and the repair shop failed to remedy the issue. Additionally, the plaintiffs alleged that the repair shop welded steel panels to the top of the bus that made it top-heavy and more prone to roll over. The repair shop argued that it repaired the bus in accordance with the instructions it was given by the insurance company that funded the repairs, and that the panels welded to the top of the bus did not weigh enough to raise its center of gravity. Before trial, the repair shop settled for a small fraction of the total amount paid by the other 12 defendants 

  • In Retail Fund Algonquin Commons, LLC v. Abercrombie & Fitch Stores, Inc.

    Defended a general contractor against a breach of contract, breach of warranty, and negligence lawsuit that arose out of the allegedly defective construction of one of the largest upper-tier outdoor shopping malls in the United States.

  • Johnson et al. v. Barzda et al.

    Defended a municipality and its police officers against a civil rights class action lawsuit that arose out of the police department’s alleged policy of conducting unreasonable searches and seizures for over 25 years.

  • Medicos v The Hartford et al.

    Defended an insurance company and its insureds against five bellwether breach of contract lawsuits that arose out of the insurer’s alleged failure to properly pay fees and interest to a medical provider for services it rendered to employees of the insureds.

  • Paul et al. v. Aviva Life and Annuity Company

    Prosecuted a RICO class action against an insurance broker and its agent on behalf of individuals and corporations who purchased life insurance policies and were led to believe that they could deduct the premium payments and make tax free withdrawals. The Internal Revenue Service determined that the life insurance policies were tax shelters, disallowed the deductions, and assessed penalties and interest against the purchasers.

  • Sabo v. Keshet

    Defended a not-for-profit daycare against lawsuit filed by the parents of a teenage girl with mental and physical disabilities and a history of seizures and strokes who fell from a chair and struck a portion of her head without a skull on the ground, which allegedly resulted in her death six years later after her awareness and responsiveness slowly declined to a vegetative state.

  • The Russian Orthodox v. Economou Partners Architects, Inc. et al.

    Defended a masonry subcontractor against a breach of contract and breach of implied warranty lawsuit that arose out of allegedly defective structural masonry that caused the roof of a church to cave in and damage rare manuscripts.

  • Estate of Ogiego v. Adjustable Forms LLC, et al.

    Trial counsel for a crane company in a wrongful death lawsuit arising out of an accident that occurred during the erection of a tower crane in downtown Chicago. On the day of the accident, several ironworkers, and employee of the crane company, and an employee of the general contractor were assembling a 264-foot tower crane for the construction of a luxury condominium tower. For an unknown reason, the ironworker foreman inserted his body into a pinch point without telling anyone else where he was or what he was doing. A 25,000 pound piece of equipment then lowered onto his body, crushing his chest and transecting his aorta. The crane company admitted fault but contested causation. The general contractor denied fault. After a month-long trial, and Plaintiff’s request during closing argument for more than $90 million in damages, the jury returned a verdict $11 million, which was reduced to $10,175,000 due to the decedent’s contributory fault. The amount paid to Plaintiff was considerably less than her last settlement demand, and only slightly more than Defendants’ last offer.

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

    Trial support and appellate counsel for 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.

  • Aiello v. Agrest, et al.

    Currently defending a case of medical malpractice.  Plaintiff brought a lawsuit alleging defendants failed to exercise reasonable care by failing to diagnose glaucoma in the plaintiff over the course of a two decade physician-patient relationship.  Plaintiff’s claims involve allegations that defendants made alterations or additions to plaintiff’s chart. 

  • Albert Freeman v. John Lawlor

    Circuit Court of Cook County, Illinois. Obtained a not guilty verdict where plaintiff pedestrian was hit by defendant’s vehicle while crossing 87th Street in Oak Lawn. Plaintiff suffered a right tibiofibular fracture and lost vision in his right eye. Plaintiff asked jury for $883,019.

  • Ali Yacoub v. Chicago Park District

    248 Ill.App.3d 958, 618 N.E.2d 685 (1st Dist. 1993). Affirmed grant of defendant’s motion for summary judgment on the grounds of open and obvious danger and landlord non-liability for tenant-created defects in case involving the drowning deaths of two small children.

  • American National Bank v. Thompson

    158 Ill.App.3d 478, 511 N.E.2d 1206 (1st Dist. 1987). Affirmed successful defense verdict in wrongful death claim involving truck/auto collision resulting in wrongful death of mother of two-year-old child.

  • American Southern Insurance Co v. Hayslett

    U.S. District Court, Eastern District of Missouri. Obtained dismissal for Progressive Insurance Company on personal jurisdiction grounds in consolidated cases arising out of multiple injuries suffered in a charter bus accident. The court issued a summary judgment ruling that mooted the liability issues against the insured, Abdias Christian Fellowship Church; successfully obtained a ruling from the court denying the plaintiff’s motions for fees and costs as to Progressive Insurance Company.

  • Andruscavage v. CTA

    Circuit Court of Cook County, IL. Represented third-party defendant Prairie Material Sales and obtained dismissal of action filed by the CTA as time-barred. Dismissal was obtained despite the general inapplicability of statutes of limitation to municipal entities by utilizing an exception to the rule recognizing that the CTA was acting in a private capacity in defense of the plaintiff’s tort action rather than for the benefit of the public at large.

  • Angelo v. Johnson

    Circuit Court of DuPage County, IL.  Achieved defense verdict finding no liability in lawsuit arising from a motor vehicle accident.  Plaintiff claimed severe internal injuries with resulting spleenectomy.

  • Anita Rinaldi v. Otis Elevator Company

    Circuit Court of Cook County, Ill.: Obtained a reasonable settlement on behalf of product manufacturer in personal injury lawsuit alleging exposure to asbestos-containing elevator products. 

  • Arlington Park-Washington Park Race Track Corporation, et. Al. v. F.E. Moran Inc., Fire Protection, et al

    Circuit Court of Cook County, IL. Racetrack fire. Represented defendant F.E. Moran, Inc., Fire Protection, a sprinkler installation contractor. This fire allegedly started in a fluorescent light fixture located in the ceiling of a portion of the racetrack/grandstand structure (originally erected in 1926) known as the Horseman's Lounge. This portion of the structure was not sprinklered. Moran had installed the sprinkler system (retro fit) in the adjacent wooden grandstand structure. It was alleged that Moran failed to place sprinklers in certain hidden, enclosed spaces throughout the grandstand. No sprinklers were installed in the Horseman's Lounge because the governing state regulations required sprinklers only in the portions of the racetrack which were open to the general public. The fire spread from the unsprinklered area to the sprinklered grandstand eventually destroying the entire structure. The plaintiffs, the owner of the facility and owners of other physical property kept in the building, claimed damages in excess of $100 million. Settled shortly before trial.

  • Barber v. Kansas Propane of Topeka, Inc., et al

    Tribal District Court of the Potawatomi Nation, Mayetta, Kansas. Products liability/propane explosion. Represented Kansas Propane of Topeka, a retailer distributor of LPG gas. Plaintiffs were seriously burned in a residential home propane gas explosion on the Potawatomi reservation. The suit sought special, general, and punitive damages based on theories of negligence, strict liability, and breach of implied warranty. Case involved significant choice of law issues. Case was settled at mediation.

  • Baron Legue v. Manchester Tank & Equipment Company

    Circuit Court of Winnebago County, IL. Successfully resolved product liability and breach of warranty lawsuit with no payment of damages by client Manchester Tank. Plaintiff was severely burned in propane fire/explosion allegedly caused by a defective propane cylinder manufactured by Manchester Tank.

  • Barton v. Metra and Chicago and North Western Railroad Co.,

    Circuit Court of Cook County, IL.  Represented railroad and local transportation agency defendants in highly publicized trial involving noted violinist Rachel Barton.  While disembarking from a Metra commuter trial, Barton was dragged 360 feet by the train and run over by its wheels.  She sustained traumatic amputation of one leg and degloving injury and partial amputation of the other leg.

  • Benish v. Superior Ambulance

    Circuit Court of Cook County, IL. Obtained summary judgment on behalf of paramedics and ambulance company defendants in wrongful death lawsuit brought by decedent's estate. Plaintiff claimed that decedent's death in ambulance while being transported to the hospital was due to paramedics' negligence in failing to provide appropriate treatment.

  • Ben-Joy, Inc. v. E. Anthony, Inc.

    Circuit Court of Cook County, IL. Second chaired trial for defendant in breach of contract lawsuit involving construction of a restaurant. Plaintiff alleged defective work and deviations from the plans. Defendant argued that the original architect's plans were unworkable. Jury trial resulted in "not guilty" verdicts for both plaintiff and defendant on a counterclaim.

  • Berkenstock v. Terminix

    Philadelphia County Court of Common Pleas, Philadelphia, PA.  Achieved defense verdict in favor of Terminix in lawsuit arising out of trucking accident.  Plaintiff claimed severe spinal/nervous system injuries.

  • Bier v. Walsh Construction Co., et al.

    Circuit Court of Cook County, Ill.: Obtained a reasonable settlement on behalf of an electrical subcontractor in personal injury lawsuit alleging injuries sustained while working at a construction project related to the build out of office space in downtown Chicago. Filed a motion for summary judgment based upon Celotex Corp. v. Catrett arguing that recovery was barred because the plaintiff could not prove that plumbing subcontractor caused plaintiff’s injuries, leading to settlement.

  • Boulevard Bank, et al v. Acorn Electric

    Circuit Court of Cook County, IL. Industrial building fire. Represented defendant Acorn Electric. Owner and tenant of an industrial building sued an electrical contractor for damages exceeding $1 million alleging negligence in the course of a re-wiring project on the premises two years before the fire. The defendants' motion for summary judgment was granted and affirmed on appeal. 312 Ill.App.3d 1193, 769 N.E.2d 566 (1 Dist. 2000).

  • Bown v. Taoramina

    Circuit Court of Cook County, IL. The plaintiff claimed that she was sexually assaulted inside her apartment after returning home from a St. Patrick’s Day party. The plaintiff alleged that her assailant (who was never caught) was able to gain access to her apartment due to inadequate lighting, inadequate security and inadequate security devices (window bars and locks). The court entered summary judgment in favor of the defendant landlord.

  • Brown v. Morrison Holding Company

    Circuit Court of Cook County, IL.:  Achieved a settlement on behalf of a contractor who ran a café in a major Chicago area hospital.  Plaintiff brought a lawsuit after she alleged she slipped and fell on an area of water left by a man mopping in the café.  Plaintiff claimed injuries to both of her knees, both of her wrists and her back.  She underwent arthroscopic surgery on one knee and her physicians opined she would need future surgery on her knee as well as her wrists.  Plaintiff’s claim also included a ten month wage loss claim.  Plaintiff’s initial demand was $425,000.  After lengthy negotiations, the case settled for $125,000 – the amount of Plaintiff’s medical bills and wage loss claim.

  • Cairns v. Ty Walk Liquid Sales, Inc. and Elam v. Ty Walk Liquid Sales, Inc.

    Circuit Court of Will County, IL.  Achieved verdict for defendants, a trucking company and tractor-trailer driver, in consolidated wrongful death lawsuits of driver and passenger in a vehicular accident.  Plaintiffs asked jury for $10.5 million in damages.  Accident occurred on narrow, two-lane road during rain when defendant, who had been following decedents for several miles as they drove erratically, attempted to pass decedents, who turned left in front of defendant onto farm access road.

  • Canfield v. Gilius

    Circuit Court of Cook County, IL. On behalf of defendant, successfully settled personal injury and wrongful death lawsuit arising from a motor vehicle accident. Plaintiff’s six-month-old fetus died, and she claimed inability to have additional children. Plaintiff also sustained several upper and lower extremity fractures with non-union and delayed healing resulting in 14 surgical procedures and major depression, causing her to be unable to return to work and to avoid most life activities. Case settled after several days of trial.

  • Carriedo v. Leopardo Companies

    Circuit Court of Cook County, Ill.:  Obtained settlements of plaintiff’s personal injury claims against general contractor after one week of jury trial.  Plaintiff alleged he sustained serious permanent injuries while working with a crane at a construction site in downtown Chicago.  Trial was anticipated to last in excess of two weeks and involved more than two dozen witnesses including liability and damage experts.

  • Carter v. (Defendant Confidential)

    Successfully resolved wrongful death claims in tort and pending before the Illinois Industrial Commission on behalf of plaintiff’’s decedent’s employer.  No money paid with respect to wrongful death claim and facilitated reasonable settlement of worker’s compensation case.

  • Chaney v. Quest Laboratories

    U.S. District Court, Eastern District of Missouri. Represented Quest, a diagnostic testing laboratory, in a wrongful death case arising out of an alleged misreading of pathology slides. Case was resolved on a favorable basis.

  • ChemRep, et al. v. Dickinson Associates, et al.

    Circuit Court of Cook County, IL. Warehouse fire. (12 consolidated suits for property damage and business interruption and other economic losses) by 36 individual and corporate plaintiffs. Represented Dickinson Associates, the owner of a large warehouse building built in 1914. The fire started on the fourth floor of the warehouse in the engine compartment of a propane fueled forklift truck. The propane cylinder on the forklift exploded spreading fire to nearby cardboard cartons. The warehouse was fitted with a sprinkler system in 1914 as it was initially constructed to store grain. The sprinkler system had fallen into disrepair over the years and was not operating at the time of the fire. The plaintiff's, building tenants who stored personal property in the warehouse, claimed losses exceeding $14 million in suits against the building owner and several other defendants. Settled shortly before trial.

  • Choe v. TruGreen Landcare LLC

    Superior Court of California, County of Orange.  Achieved directed verdict in favor of TruGreen in lawsuit arising from bicycle/truck accident.

  • Choi v. L.G. Greenview, et al.

    Circuit Court of Cook County, IL. The plaintiff, Sook Hi Choi, leased an apartment from the defendants in Carol Stream, Illinois. An intruder gained entry to her ground floor apartment through her bedroom window and attempted to sexually assault her. When she resisted, she was slashed repeatedly with a kitchen knife. The plaintiff filed suit against the owners of the apartment complex, as well as the management company, alleging a failure to maintain the premises and to provide adequate security. The plaintiff's demand prior to trial was $1,250,000. The case was tried from December 3, 1996 to December 19, 1996. On December 19, 1996, a mistrial was declared. The jury was deadlocked 11 to 1 in favor of the defendants. The case subsequently settled for $120,000.

  • Clark v. North Central Management, Inc.

    U.S. District Court, Northern District of Illinois.  Obtained summary judgment on behalf of hotel owner and manager defendants in Americans with Disabilities Act and ERISA lawsuit.  Plaintiff alleged failure to make reasonable employment accommodations, wrongful termination and denial of health insurance coverage on the basis of plaintiff’s infection with the HIV virus.

  • Crawford v. Infinity Ins. Co.

    U.S. District Court, District of Wyoming.  Defended a bad faith case for failure to settle within policy limits. Case resulted in hung jury (5-1 for defendant); on retrial the jury awarded plaintiff one-half of the consent judgment entered into with the underlying insured.

  • Crothers v. Wells Fargo Bank. et. al.

    Circuit Court of Cook County, Ill.: Protracted dispute between multiple parties regarding insurance coverage dispute of a house fire alleging breach of contract, bad faith and fraud.  Aggressively litigated case to obtain full recovery of insurance proceeds for client.

  • Crown Services, Inc. v. Fiore Furniture Co.

    Circuit Court of Cook County, IL. Obtained settlement on behalf of plaintiff temporary employment staffing agency in a commercial dispute alleging breach of contract, fraud and violations of Illinois statutes. Settlement was obtained prior to defendant filing bankruptcy and outside of ninety-day preferential payment period.

  • Debra Dowe, et al. v. National Passenger Railroad Corp., et al.

    U.S.D.C., Northern District of Illinois. Represented General Signal Corporation, manufacturer of a railroad crossing signal device at a crossing at which a train collided with a truck in Bourbannis, IL, resulting in 61 lawsuits alleging multiple deaths and injuries. The case against General Signal was voluntarily dismissed.

  • Doe v. Doe

    Lake County, Illinois.  Obtained a complete dismissal of plaintiff’s claim at the motion to dismiss stage.  Plaintiff, Jane Doe, filed suit under seal against defendants, including the firm’s client, a company that assists health care facilities in medication supply and distribution.  Plaintiff’s complaint included allegations that the client failed to prevent the sexual assaults of a minor on its premises.  After the initial complaint was filed, Lipe and Kelly filed a motion to dismiss the counts against the client  pursuant to 735 ILCS 5/2-615.  The court initially granted the motion without prejudice.  Thereafter, the court allowed limited discovery to be conducted.  After several months of discovery disputes, and hard fought motion practice to ensure the scope of discovery remained limited,  we obtained a complete dismissal, with prejudice, of all of plaintiff’s claims against the client.

  • Doe v. General Electric, et al., Breast Implant Litigation, Circuit Court of Cook County, Il.

    Obtained summary judgment on behalf of client General Electric in breast implant cases in federal court.

  • Doe v. Superior Ambulance

    Circuit Court of Wayne County, MI. Represented ambulance company and driver in case in which ambulance attendant raped 14-year-old female psychiatric patient during 50-minute transport. Obtained pre-trial judgment for defendants on plaintiff's theories of negligent hiring and retention of rapist, and vicarious liability for rapist's conduct. Case was tried to verdict. Jury found for driver, and verdict assessed against company was less than plaintiff's pre-trial settlement demand.

  • Dominick's Finer Foods, LLC v. Eurest Services, Inc.

    Circuit Court of Cook County, Illinois:  This was a  breach of contract suit brought against a Lipe Lyons client, a janitorial service, by Dominick’s with whom it had a contract for floor cleaning services. Dominick’s alleged that Eurest breached its contractual duty to defend and indemnify Dominick’s for the cost of defending a previous premises liability suit brought against both Dominick’s and Eurest. Dominick’s also alleged that Eurest failed to procure proper insurance for Dominick’s as required by the contract. The court granted Eurest’s motion for summary judgment on the basis that it did not owe a duty to defend the claim against Dominick’s because the underlying complaint alleged independent acts of negligence by Dominick’s which did not arise out of Eurest’ s negligence. The court also entered summary judgment for Eurest on a second count, alleging failure to procure insurance, because Eurest had purchased an insurance policy which covered Dominick’s as an additional insured and the carrier had refused to defend on the basis of the allegations of the complaint in the underlying premises liability case. The circuit court also denied the cross motion for summary judgment filed by Dominick’s. Dominick’s has filed a notice of appeal.

  • Doss v. Aldi, Inc.

    Circuit Court of Cook County, Ill. Drafted a motion for summary judgment based solely on the testimony obtained by Ms. Kelly during the plaintiff’s deposition.  The motion for summary judgment was granted.

  • Dowler v. Galvez

    Circuit Court of Cook County, Illinois. Plaintiff alleged that during a bilateral salpingo oophorectomy, Dr. Galvez negligently placed a clamp posterior to the vagina, thereby causing a colovaginal fistula. The case was tried from December 11, 1995 through December 18, 1995. On December 18, 1995, the jury returned a general verdict in favor of the plaintiff and against the defendant in the amount of $125,000. That same jury responded in the negative to a Special Interrogatory that asked the jury if the defendant was negligent in the use of surgical instruments during the operation on the plaintiff. The plaintiff's entire case rested on the proposition that the defendant was negligent in her use of surgical instruments and somehow made or cut a hole in the tissue that separates the vagina from the colon. The case settled for $75,000 while post-trial motions were pending.

  • Dumas v. Infinity Broadcasting Corp.

    U.S.D.C., Northern District of Illinois. The plaintiff, Cliff Dumas, is a country radio disc jockey. He began negotiations with an Infinity-owned country music station, US 99, to serve as the morning show host for the station. The plaintiff claimed that he was offered the position as morning show host and that the station rescinded the deal after there was a change in station management. Dumas filed suit alleging breach of contract and promissory estoppel. He was seeking more than one million dollars in damages. The defendant filed a motion for summary judgment, claiming that no proof existed that Dumas was ever offered the position of morning show host and that even if such an offer had been made, the contract (which the plaintiff alleged was for a term of at least 5 years) was barred by the Illinois Statute of Frauds. The court entered summary judgment in favor of the defendant on the plaintiff’s breach of contract and promissory estoppel claims.

  • DuPage Biofunds, Inc. v. Randazzo

    Circuit Court of Cook County, IL. Represented an insurance broker in a suit alleging malpractice in failure to procure a key man insurance policy on the life of founder of bioscience firm prior to his death. Case settled for less than the cost of defense.

  • Eiccholz v. Kritsas

    Circuit Court of Cook County, Illinois. On August 11, 1998, William Eiccholz underwent a radical retropubic prostatectomy for the removal of his cancerous prostate gland. The surgery was performed at Hinsdale Hospital by Dr. John Kritsas and Dr. Rebecca Preston. Dr. Kritsas used a Bookwalter self-retaining retractor to separate and hold the plaintiff’s abdominal muscle tissues. Following surgery, it was discovered that the plaintiff had lost function of his left lower extremity due to injury to the femoral nerve. The plaintiff claimed that Dr. Kritsas placed one of the retractor blades from the Bookwalter retractor on the psoas muscle or the femoral canal, resulting in undue pressure on the femoral canal and subsequent permanent nerve damage. The defense argued that the blades of the retractor were not long enough to reach the psoas muscle or the femoral canal and could not have been the cause of the plaintiff’s nerve damage. The defense offered several other alternative explanations for the nerve damage, including the possible stretching of the nerve when the surgical table was “broken” and tilted downward to allow the defendant greater access to the surgical field, a known risk of the surgery. The plaintiff asked the jury to award him $2,342,746.00. The case was tried from August 29, 2003 to September 5, 2003. On September 5, 2003, after deliberating for one hour, the jury returned a not guilty verdict.

  • Estate of Lichaw, et al. v. 69 West Washington Management Company LLC, et al.

    Circuit Court of Cook County, IL. Defended Aargus Security Systems and BGK Security Services in six wrongful death and 16 personal injury lawsuits (consolidated for discovery) arising from an office building fire that occurred on a Friday afternoon in a high-rise building in downtown Chicago. Multiple governmental investigations followed, including one by an ad hoc commission appointed by the Cook County Board that conducted public hearings. In all, 22 lawsuits were filed against the security companies, the building management company, several contractors, the City of Chicago and Cook County, Ill. More than 200 depositions were taken. Cases settled on the eve of trial.

  • Estate of Mary Wade, Deceased, and J.W. Wade v. Kevin Coleman

    Cook County, IL. Vehicular traffic case. Client: defendant Kevin Coleman. Wrongful death of single mother of three children and personal injury to adverse driver J. W. Wade. Result: J.W. Wade - verdict for defendant; Estate of Mary Wade, Deceased - Verdict for plaintiff, $178,493.

  • Estate of Phillipart v. Archer Daniels Midland

    Sangamon County, IL. Nuisance/vehicular traffic. Client: defendant Archer Daniels Midland Company. Wrongful death/personal injury of 18 year old French foreign exchange student who survived in a coma for 1-1/2 years after the accident. Verdict for plaintiff for $550,000. Reversed by Illinois Supreme Court with judgment entered for defendant without remand; First Springfield Bank & Trust v. Galmon, 188 Ill.2d 252, 720 N.E.2d 1068 (1999).

  • Estate of Shannon v. Shur Packaging Systems, Inc.

    Circuit Court of Cook County, Illinois.  Achieved "cost of defense" settlement for defendant manufacturer of a vertical lift and conveyer system for newspapers at the Chicago Tribune.  Decedent was killed from severing injuries when he accidentally turned the system on when he climbed inside the system to clean.

  • Estate of Smith v. Midco

    Shelby County, Illinois. Products liability/earth scraper. Client: Midco Sales & Service Co. Wrongful death of a 38 year old woman operating an earth scraper. Verdict for defendant.

  • Estate of Tracy Ecklund v. Jevic Transportation

    U.S. District Court, Northern District of Illinois. Successfully resolved wrongful death and personal injury lawsuit against trucking company brought in state and federal courts. Case arose out of 11-vehicle accident that occurred when the defendant truck driver failed to stop for a red light at an intersection; defendant admitted liability. Jury awarded plaintiff $1 million in damages, an amount equal to the defendant’s pre-trial offer. The pre-trial settlement demand was $10 million.

  • Estate of Walter Fisher v. Manchester Tank & Equipment Company and McWane, Inc.

    Circuit Court of Cook County, IL. Obtained dismissal of product liability/wrongful death lawsuit against Manchester Tank and McWane. Plaintiff alleged product defect in Manchester pressure container exposing plaintiff to Freon gas and resulting in his death.

  • Estate of William v. Monkus deceased v. Canteen Corp

    Circuit Court of Cook County, Illinois. Achieved a not guilty verdict. This was a six vehicle collision across all three lanes of westbound Interstate 290 near St. Charles Road in Elmhurst, Illinois.

  • Estate of Yvonne Jones, deceased minor v. Rediehs Express, Inc.

    Circuit Court of Cook County, Illinois. Plaintiff sustained fatal head injuries when she was hit and dragged 134 feet by a Rediehs Express semi-tractor trailer. Verdict was $1.3 million reduced by 50%. Plaintiff asked jury for $6,000,000.

  • Faraone v. Popeyes

    Circuit Court of Cook County, IL:  Obtained dismissal of product liability-personal injury claims based upon plaintiff’s previously filed bankruptcy case where plaintiff failed to disclose personal injury claims to the bankruptcy court.

  • Fernando Gomez v. Schmitt

    Circuit Court of DuPage County, IL.  Achieved favorable defense verdict for Schmitt in lawsuit arising from motor vehicle accident in which plaintiff claimed head/brain injuries.

  • Flores, et al. v. CNA & Cushman and Wakefield of Illinois

    Circuit Court of Cook County, IL.  Represent Cushman and Wakefield of Illinois in a premises liability lawsuit.  Plaintiffs sued for the death of Mrs. Flores, who was killed while walking her daughter on a street in downtown Chicago.  Case settled by CNA for $18 million.

  • Foley v. White Metal Rolling & Stamping Corp.

    Cook County, Illinois. Client: defendant Louis Vacarella. Products liability/ladder. Verdict for defendant.

  • Ftacek v. Aetna Engineering Works, Inc., et al.

    Circuit Court of Cook County, Ill. Represented a manufacturer of fall protection equipment. Filed a motion to dismiss arguing that based on conflicts of law and the principles of depecage, Illinois successor corporation liability law applied which released the defendant from liability. The motion to dismiss was granted.

  • Gaode v. G&H Developers Corporation

    Defended a premises lability action where the Plaintiff sought damages following a slip and fall in ice and snow requiring an ORIF surgery. Summary Judgement was secured for the Defendant.

  • Garcez v. Michel, et al.

    Circuit Court of Cook County, Illinois. The minor plaintiff, April Garcez, was born on April 14, 1988. She claimed that Mercy Hospital residents failed to diagnose a placental abruption and incorrectly diagnosed that her mother was in pre-tern labor when she was, in fact, in full term labor. The minor plaintiff claimed that as a result of these breaches in the standard of care, she was born with hypoxic brain damage, which resulted in cerebral palsy, cognitive deficits, severe physical handicaps and speech and language problems.

    The minor plaintiff claimed that the consulting ob/gyn, Dr. Fritz R. Michel, who had been called by the residents to authorize tocolysis to stop the labor, breached the standard of care by failing to supervise the residents and by failing to ensure prompt delivery of the minor plaintiff once signs of abruption were noted. The minor plaintiff asked the jury to return a verdict of $15 million. After deliberating for three hours, the jury returned a not guilty verdict in favor of the defendants.

  • General Electric Welding Rod Litigation

    State courts in Illinois, Ohio and Wisconsin. Obtained dismissal for client General Electric of individual and class action lawsuits throughout the United States involving product liability and conspiracy claims based on alleged defective welding products.

  • Genetically Altered Corn Cases

    U.S.D.C., Northern District of Illinois. Multiple consumers filed class actions alleging that they were injured after consuming taco products allegedly contaminated with genetically altered corn (Starlink). Defended the seller of the corn flour and was successful in having another defendant assume the defense (upon reimbursement for our defense costs).

  • Greenberg v. Crown Services, Inc.

    III. Department of Human Rights. Obtained dismissal of employment discrimination claims based upon religion, gender and age on behalf of temporary staffing agency in administrative proceeding, following submission of position statement in defense of claims and fact finding conference.

  • GVW v. Mill Supply, Inc

    Circuit Court of Cook County, IL. Negotiated dismissal of multimillion-dollar lawsuit on behalf of the defendant, a replacement part distributor. Plaintiff, the manufacturer of delivery vehicles, alleged trademark infringement.

  • Haney v. Dywidag Systems International, USA, et al.

    Circuit Court of Cook County, IL.  Argued for and obtained summary judgment on behalf of the jack manufacturer and supplier in a lawsuit brought by a construction worker allegedly injured when a jack detached from a cable and struck the worker. Summary judgment granted after plaintiff presented evidence of only possible alternative causes rather than obtaining evidence of any proximate cause.

  • Hanna v. Genentech, Inc.

    Circuit Court of Cook County, Illinois. The plaintiff claimed that he suffered an extreme exacerbation of his psoriasis, along with debilitating joint pain, after using the defendant’s anti-psoriasis drug in an experimental trial. The case settled for a nominal sum shortly after the plaintiff’s deposition was taken.

  • Hartford Insurance Company v. LaBodega Ltd.,et al

    Cook County, Illinois. Declaratory judgment/insurance coverage. Clients: LaBodega Ltd., a wholesale grocery company, and one of its employees, Pedro Macias. The court held that Hartford was obligated to defend and indemnify the defendants, LaBodega and Macias, up to the $2.5 million policy limits of two Hartford policies for a wrongful death claim. Hartford had refused to defend LaBodega and Macias in the wrongful death case and sought a declaration that they owed no coverage on the basis of late notice and their assertion that Macias was not an employee of LaBodega.

  • Hill v. Norcomm Public Safety Communications, Inc.

    U.S. District Court, Northern District of Illinois. Obtained summary judgment for defendant in employment lawsuit.  Plaintiff claimed discrimination and retaliation under Title VII and civil conspiracy under Section 1985.

  • Hua v. Quest Laboratories

    Circuit Court of Cook County, IL. Represented a diagnostic testing laboratory in a wrongful discharge lawsuit brought by a United Airlines flight attendant. Plaintiff alleged that Quest falsely reported drug use, resulting in her termination.

  • In Re: 2401 Willow Real Estate LLC

    Circuit Court of Cook County, IL. Disposed of multiple mechanic’s lien claims against a real estate, fuel station and convenience store owner arising from the untimely bankruptcy filing by a general contractor.

  • In the Matter of the Cancellation of Progressive Northern Insurance Co. Policy Issued to John Smolinski.

    Represented insurer in hearing before the Illinois Insurance Commissioner seeking reinstatement of cancelled insurance policy and penalties. Judgment in favor of Progressive Northern Insurance Company.

  • Infinity Broadcasting v. Hispanic Broadcasting, et al.

    Circuit Court of Cook County. Represented plaintiff in a breach of contract and tortious interference suit arising out of the defendants’ successful efforts to hire plaintiff’s radio talent to work for defendants in Chicago. Obtained summary judgment on liability. Case settled for a confidential seven figure amount.

  • J.B. Reese v. Trans-States Express

    Circuit Court of Cook County, Illinois. Plaintiff was rear-ended as he was stopped in traffic, which produced negligible property damage. Later was treated for neck pain and released, however alleges that the incident caused C6-C7 herniation, anterolisthesis at C7-T1, a torn right rotator cuff and aggravated pre-existing L5-S1 degenerative disc disease. Defendant’s last offer was $100,000. The verdict was $96,050.

  • J.P. Morgan v. Chase Home Financial

    Circuit Court of Cook County, Ill.: Represented plaintiff in insurance coverage dispute alleging breach of contract, bad faith and breach of warranty.  Brought protracted three year litigation to a conclusion with client based result and monetary settlement.

  • Jackson v. Illinois Medi-Car, Inc.

    2001 WL 1286804, aff’d 300 F.3d 760 (7th Cir. 2002). Affirmed summary judgment on behalf of medi-car company and driver against claims that defendants violated plaintiff’s constitutional rights.

  • Jeffrey Angelos v. TruGreen

    Norfolk Superior Court, Dedham, MA.  Achieved favorable verdict for defendant TruGreen in lawsuit arising from trucking accident. TruGreen admitted liability; plaintiff received nuisance value award at trial on damages.

  • Jewel Foods v. Trailwood Transportation, et. al.

    Circuit Court of Cook County, IL. Warehouse fire. Represented Trailwood Transportation, the owner and operator of a tractor trailer rig. This fire allegedly started on or near a dock pad/seal on the loading dock of the refrigerated food warehouse. The cause of the fire was alleged to be heat from the plastic lens of a marker light affixed to the rear of the Trailwood trailer. The lights had been left "On" when the vehicle was backed up against the dock seal. The fire spread rapidly throughout the building due to the high flammability of insulation material (polystyrene foam) used in converting the warehouse for storage of refrigerated foods and a non-functioning sprinkler system (deluge valves failed to open allegedly due to poor maintenance and/or a design defect in the valves). Jewel Foods, a grocery retailer and the lessor of the warehouse, sued Trailwood as well as the manufacturers of the trailer, the marker lights, and the deluge valves seeking $30 million for property damage and lost profits/business interruption. Settled shortly before trial.

  • Johnson et al. v. Barzda et al.

    Jordan Tank defended a municipality and its police officers against a civil rights class action lawsuit that arose out of the police department's alleged policy of conducting unreasonable searches and seizures for over 25 years.

  • Johnson v. iPCS Wireless

    Circuit Court of La Salle County, IL. Settle personal injury lawsuit against iPCS, owner of a wireless telephone tower, for far less than cost of defense. Plaintiff, a crane operator, suffered disabling burns when the crane came into contact with power lines during construction of the tower.

  • Johnson v. Taylor, et al.

    Circuit Court of Cook County, Illinois.  Achieved voluntary dismissal of a claim against a Chicago landlord whose tenant alleged that she sustained injuries caused by a building defect, on the same day that the tenant was ordered to be evicted by the court.  Landlord filed a counter-suit for thousands of dollars in vandalism that the tenant allegedly caused before eventually vacating the property.

  • Jones v. Lorgi

    Circuit Court of Cook County, IL:  Plaintiff, Thomas O. Jones, filed suit against defendants, including the firm’s client, a construction company that acts as a general contractor.  Jones’ complaint included allegations that the client negligently caused him to sustain personal injuries while he was working on a construction site.  Shortly after his alleged injury, Jones filed for Chapter 7 bankruptcy but he failed to disclose his personal injury claims as an asset in his bankruptcy proceeding. Jones’ injury claims were an asset of his bankruptcy estate and only the bankruptcy trustee had standing to file a lawsuit to pursue a recovery for Jones’ claims. After the bankruptcy trustee attempted to substitute as the plaintiff for Jones, Jeffrey Lipe and James Whalen filed a motion to dismiss the counts against the client pursuant to 735 ILCS 5/2-619(a)(5) and (9), arguing that the personal injury claims were time barred and that the claims should be dismissed pursuant to the doctrine of judicial estoppel.  The court granted the motion to dismiss, with prejudice, on all of plaintiff’s claims against the client.

  • Jones v. Mid States Concrete Products Co., et al. and Beemsterboer v. Joseph J. Duffy, et al.

    Circuit Court of Cook County, Ill.: Obtained reasonable settlements on behalf of a steel erection contractor in companion lawsuits brought by families of two construction workers who were killed when they were struck by falling debris during the partial collapse of a new-construction facility that would serve as senior housing. More than 40 depositions were taken, including fact witnesses and expert engineers. Cases settled on the eve of trial.

  • Ketterer v. Diebold, Inc., et al.

    Circuit Court of Kane County, Illinois.  Achieved "cost of defense" settlement for defendant automated teller manufacturer whose employee was involved in a motor vehicle accident.  Plaintiff alleged that the employee caused the accident due to being distracted on his telephone.  Plaintiff demanded upwards of $3,000,000 from the defendants for damages including over $400,000 in medical care.

  • Kutcher v. Reed 

    Defended property claim.  Successfully barred the Plaintiff’s testimony and ability to present evidence at arbitration or trial.  Judgment secured for the Defendant.

  • Latham v. County of Peoria

    Tenth Judicial Circuit Court (Peoria County, IL.  Obtained dismissal with prejudice of catastrophic-personal injury claims based upon motor vehicle accident involving a pick-up truck and concrete mixer-transport truck. Plaintiff’s guardian sued numerous defendants, including the concrete truck, government agencies and adjacent landowners alleging that their negligence caused her ward to sustain bodily injuries and a traumatic brain injury. Through his efforts, Mr. Whalen was able to limit the plaintiff to a single amendment of her complaint and then obtained a dismissal with prejudice of the plaintiff’s claims pursuant to a 2-615 motion to dismiss.

  • Le v. Interlake Compa Le v. Interlake Companies

    U.S. District Court for the Northern District of Illinois.  Obtained summary judgment on behalf of employer in ERISA lawsuit in which plaintiff claimed employer breached fiduciary duty in administration of benefits programs.

  • Lentini v. Aldi, Inc.

    Circuit Court of Cook County, Ill: Represented a grocery store chain in a case where plaintiff alleged she slipped and fell on water leaking from a freezer. Plaintiff perjured herself several times during the course of her deposition. Based on her testimony, a motion for sanctions was granted and a sanctions award of several thousand dollars was entered against the plaintiff. Thereafter, the plaintiff’s attorney withdrew as counsel. The plaintiff was unable to find another attorney to represent her and the case was ultimately dismissed.

  • Leroy Latos v. Manchester Tank & Equipment Company

    Circuit Court of Cook County, IL. Achieved defense verdict in favor of Manchester Tank after seven-week trial of product liability lawsuit seeking $32 million in damages. Plaintiff alleged that defective Manchester 20 lb. propane cylinder was overfilled, resulting in fire that caused plaintiff to suffer burns over 97 percent of his body, incur more than $6.6 million in medical expenses and die from his injuries 6½ years later.

  • Louis Wagner et al. v. International Business Machines Corporation et al.

    Circuit Court of Cook County, IL. Obtained voluntary dismissal on behalf of property owner in personal injury lawsuit alleging premises exposure to asbestos.

  • Macklin v. Grossinger North Autocorp, Inc.

    Illinois Department of Human Rights. The complainant charged that he was discharged because of his race.  The respondent, though, maintained that he was discharged because of attendance problems. The complainant was unable to prove that the respondent’s explanation was a pretext for race discrimination, resulting in an administrative decision for the respondent-employer.

  • Marilyn Bryan v. Terminix

    District Court of Sedgwick County, KS.  Achieved favorable verdict for Terminix in lawsuit arising from motor vehicle accident.  Plaintiff claimed severe spinal injuries.  Plaintiff received nuisance value award, which was reduced by 45 percent of plaintiff’s contributory fault.

  • Marroco v. Bergo, et al.

    U.S. District Court for the Northern District of Illinois. Represented engineers in malpractice case filed by severely injured plaintiffs whose personal injury action was dismissed as a sanction when engineers disassembled parts during an inspection. Case settled for a nominal sum.

  • Martinez v. Ergonomics and Safety Services, Inc.

    U.S. District Court, Northern District of Illinois. Achieved verdict for defendant in lawsuit brought against company hired by general contractor to oversee safety during demolition of a furnace in Streator, IL. Plaintiff was injured when a 4 x 8 ft. piece of plywood fell 10 feet, allegedly due to unsafe work practices, striking plaintiff in neck and shoulder and causing him to be able to return to work as union laborer. Plaintiffs asked jury for $4 million to $5 million in damages.

  • Mauro v. Road Ranger

    Winnebago County, IL: Obtained voluntary dismissal of premises liability claims against defendant. Though its aggressive efforts in discovery, defendant obtained information that plaintiff had failed to disclose pre-existing right knee injuries during discovery and filed motion for a sanction of dismissal for discovery violations. 

  • Max Wotnoske, et al. v. Ficthel & Sachs Industries, Inc. et al.

    Circuit Court of Madison County, IL.: Obtained reasonable settlement on behalf of product manufacturer in personal injury lawsuit alleging exposure to asbestos-containing automotive products.

  • Mayden v. Superior-Air-Ground Ambulance

    U.S. District Court, Northern District of Indiana.  Successfully resolved Title VII and Equal Pay Act lawsuit on behalf of defendant in which plaintiff claimed wage discrimination based on sex.  Summary judgment granted to defendant on Title VII claims.  Equal Pay Act claim tried before a jury, which returned a verdict for the defendant.

  • McCaffery v. General Electric, et al.

    Circuit Court of Cook County, Illinois. The plaintiff claimed that he developed Parkinson’s disease as a result of exposure to manganese contained in the fumes given off during the welding process. Plaintiff sued GE as a manufacturer and consumer of welding rods. Plaintiff’s complaint was dismissed by the court for failure to state a cause of action.

  • Meckley v. TruGreen ChemLawn

    Duvall County, Florida. Client: TruGreen ChemLawn. Vehicular traffic, personal injury. Negligence was admitted. Plaintiff claimed past and future economic damages in excess of $500,000, present cash value. Verdict for plaintiff for $5,000. Jury found plaintiff's injuries were not permanent, thereby precluding any award for general damages under Florida law.

  • Mellon Stuart Construction, Inc. v. Metropolitan Water Reclamation District of Greater Chicago

    U.S. District Court, Northern District of Illinois. Favorably settled breach of construction contract claim on behalf of owner in lawsuit brought by contractor and subcontractor for delay damages and escalation costs arising out of the construction of $50 million office, shop and warehouse building. Case settled for less than 10 percent of the original amount claimed by the general contractor. Also represented owner in action against professional design firm to recover delay and escalation costs incurred due to inadequate plan design.

  • Mesman v. Crane Pro Services

    U.S. District Court, Northern District of Indiana. Achieved a complete defense verdict for international crane manufacturer in product liability lawsuit alleging defective design of an overhead crane. Plaintiff’s left leg was traumatically amputated and his right leg was crushed when a 20,000 pound load of steel fell from the crane. The case originally was tried in 2003 by another defense firm, and plaintiff obtained a verdict of $16 million. The case   was reversed on appeal and sent back to the trial court for retrial. We were then retained to represent the defendant in the second trial. In that trial,  jury rendered a complete defense verdict, which was affirmed on appeal.

  • Michael Rizner v. The Weitz Company, LLC v. Prate Installations

    Circuit Court of Cook County, Illinois.  Plaintiff was a sheet metal worker employed by Prate Installations at the Clare Oaks construction site in Bartlett, Illinois, a 370,000 square foot senior living facility. Plaintiff was in the process of installing expansion joints in the building’s gutters, which had been missed when the gutters were originally put in, and was working off a 60 foot extension ladder. Plaintiff was working at the top of the ladder without using fall protection, in violation of Weitz’s 6 foot fall protection rule, allegedly because no anchor points existed and plaintiff could not gain access to the roof in order to set an anchor point. The top section of the ladder collapsed, apparently because the hooks were frozen, and plaintiff fell 40 feet to the ground, sustaining a fractured left humerus, open book fractures of the pelvis, transverse process fractures of several vertebra, torn rotator cuff, severed ureter and permanent erectile dysfunction. Plaintiff’s medical expenses were stipulated to be $336,176.91, and plaintiff made a claim for $1,785,000 in past and future lost income as disabled from returning to sheet metal work. Plaintiff asked the jury for $9,620,428.91 for Michael Rizner, and $2.5 million for Juliana Rizner on her loss of consortium claim. The last offer prior to verdict was $1.25 million plus a waiver of the $540,000 worker’s compensation lien. The jury returned a net verdict of $973,676.87 ($1,738,708.78 less 44% plaintiff fault), and allocated 16% fault against The Weitz Company, and 40% against third party defendant Prate Installations. The jury awarded no damages to Juliana Rizner on her loss of consortium claim. Defense recommended $1,000,000 for Michael Rizner, and $100,000 for Juliana Rizner.

  • Midwest v. Irwin

    Circuit Court of Cook County, IL. Obtained summary judgment for defendant Irwin in defamation lawsuit brought by Midwest. Plaintiff claimed letter terminating the business relationship between the two companies stated “we need to partner with suppliers who not only stand behind their product(s), but value our business and relationship as well.” Defendant argued that the statement was privileged because it was made only to employees and agents of plaintiff, that the statement was capable of innocent construction and therefore not actionable.

  • Native American Arts Matters

    Various jurisdictions. Favorably settled multimillion-dollar claims brought under the Indian Arts and Crafts Act against multiple manufacturers and distributors of arts and crafts. Plaintiffs alleged that defendants misrepresented their products as having been made by Native Americans. Cases settled for minimal or no payment.

  • Novitsky v. American Consulting Engineers, LLC

    U.S. District Court for the Northern District of Illinois. Defended engineering firm in case filed by employer alleging age and religious discrimination. Summary judgment entered in favor of the defendant. Affirmed on appeal.

  • O'Hara v. Target Corporation

    U.S.D.C., Northern District of IL:  Argued for and obtained summary judgment on behalf of a major retailer.  The plaintiff brought a lawsuit after she allegedly slipped and fell on an overly waxed floor.  The defendant argued that the plaintiff could not prove a dangerous condition existed at the time of her fall and that even if a dangerous condition existed, the defendant did not have actual or constructive notice of the condition.  Further, the defendant argued that the plaintiff’s claims were predicated purely on surmise, conjecture and guess and therefore, she could not prove the proximate cause of her injuries. 

  • Olander v. Harbor Group Management, Co., et. al.

    Circuit Court of Cook County, Ill. Represented a janitorial services company in a case where plaintiff alleged she slipped and fell inside an office building. Arbitration award was half the amount offered to the plaintiff prior to arbitration.

  • On Air v. National Indemnity

    U.S. District Court, Eastern District of Pennsylvania.  Directed verdict entered in favor of the defendant, a Berkshire-Hathaway company, in a bad faith case seeking punitive damages for wrongful refusal to defend, fraud and intentional infliction of emotional distress. Decision affirmed on appeal.

  • Ostler v. Oce-USA

    U.S. District Court, Northern District of Illinois.  Obtained summary judgment for multinational company in ERISA lawsuit brought by the estate of deceased former employee.  Plaintiff sought to recover the value of life insurance benefits provided under company plan.  Case was dismissed on appeal without any payment by client.

  • Palka v. Pontarelli Group Charters, et al.

    Circuit Court of Cook County, IL.  Achieved settlement for defendant bus manufacturer in highly-publicized wrongful death lawsuit for pedestrian struck by its bus that was loaned to defendant transportation company.  Transportation company's bus driver struck and killed pedestrian in crosswalk and while driver had cocaine in his system.  Bus manufacturer's liability arose solely from the display of its DOT placard, or logo, on the side of the accident bus. Plaintiffs demanded $16 million in damages.

  • Parties Confidential

    Illinois Department of Human Rights.  Defended restaurant-employer in administrative proceeding against claims based upon physical handicap brought by former restaurant server, resulting in reasonable settlement of claims below amount recommended by judge.

  • Parties Confidential

    Circuit Court of Cook County, IL. Represented plaintiff's personal injury law firm in a commercial dispute against another plaintiff's personal injury law firm, with claims including breach of contract, breach of fiduciary duty, tortious interference with contract and defamation. Case resolved by agreement of the parties.

  • Partipilo v. Grossinger

    Circuit Court of Cook County.  Defended automobile dealerships in class action suit brought by former sales personnel alleging violations of the Illinois Wage Payment and Collection Act.  Class not certified and plaintiff’s damages capped at several hundred dollars.

  • Patel v. Patel

    Circuit Court of Cook County, IL. Represented insurance agent in malpractice claim filed after insurance company voided life insurance policies based on alleged misrepresentations in the applications. Case settled for less than the cost of defense.

  • Pham v. Bedford 

    Defended an adverse motor vehicle action.  Secured dismissal of Plaintiff’s suit with prejudice for Plaintiff’s failure to be diligent in the service of this matter.

  • Plaintiff v. Live Entertainment Venue

    Circuit Court of Cook County, Illinois.  Settled a wrongful death lawsuit alleging novel theories of liability for nuisance value.  We represented a live entertainment venue in a lawsuit where plaintiff alleged that the venue and its employees negligently caused fatal injuries to a teenage patron as she was leaving a concert that she had attended at the venue.  The plaintiff alleged that the venue, and its security personnel, had a duty to send the decedent in a safe direction as she was leaving the concert venue. 

  • Plaintiff v. Live Entertainment Venue

    Circuit Court of Cook County, Illinois.  We represented a live entertainment venue in a lawsuit where the plaintiff alleged to have sustained serious and disfiguring injuries to the head and face with multiple surgeries as a result of a large fight at a Chicago-area live entertainment venue.  Plaintiff alleged that the venue was negligent in providing reasonable and proper security for the patrons at the concert.  Case settled for  a confidential amount at mediation.

  • Plaintiff v. Live Entertainment Venue 

    Circuit Court of Cook County, Illinois.  We represented a live entertainment venue in a lawsuit where plaintiff alleged that she was injured when she slipped and fell in liquid that had pooled on the floor of a bathroom at a Chicago live entertainment venue.  The plaintiff had surgery resulting in the installation of hardware into her ankle.  A motion for summary judgment was filed on behalf of the live entertainment venue.  While this motion was pending, the case settled for less than plaintiff’s medical bills.

  • Progressive Premiere Insurance Company of Illinois v. Fairfield Motor Services and SCA Tissue North America, LLC

    U.S. District Court, Northern District of Illinois.  Successfully prosecuted a declaratory judgment action asking the court to declare that commercial auto insurer did not have an obligation to defend or indemnify additional insured against suit filed by delivery driver who slipped and fell on cardboard spilling from the alleged insured’s trailer.

  • Quinones v. Prater Industries

    Circuit Court of Cook County, Illinois. The plaintiff, Joe Quinones, in an attempt to stop a large rotary grinding machine manufactured by the defendant, stuck his foot inside the grinding chamber. His foot was nearly amputated. The plaintiff filed suit against the manufacturer alleging a variety of design and manufacturing defects. On the second day of trial the case settled for $25,000.

  • Renee Heiderman and Joseph Heiderman v. Mark Peppin

    Cook County, IL. Vehicular traffic/personal injury. Client: defendant Mark Peppin. Negligence was admitted. Verdict for plaintiffs, $67,912. The defendant's settlement offer of $70,000 was made three years prior to trial.

  • Reznikoff v. Indiana Insurance Co.

    Circuit Court of Cook County, IL.  Obtained judgment for defendant insurer in bad faith lawsuit arising from defendant's denial of coverage for water damage claim.

  • Robert Gonzales v. Venture Stores, Inc.

    Circuit Court of Cook County, Illinois. Obtained a not guilty verdict on a case where the plaintiff stumbled over defective threshold plate while entering Venture Store. Plaintiff claimed back injury with several surgeries. Plaintiff asked jury for $680,036.

  • Rogers v. Material Handling Services, et al.

    Circuit Court of Lee County, Illinois. Products liability/forklift. Represented Material Handling Services, distributor of a forklift truck sold. The estate of the deceased forklift driver brought suit against Material Handling alleging negligence for failure to notify Rogers' employer, the owner of the forklift, of the availability of a universal safety seat developed 20 years after original sale. The plaintiff claimed that the defendant had assumed a post-sale duty to warn/retrofit. The defendant's motion for summary judgment was granted and affirmed on appeal. Rogers v. Clark Equipment Company, 318 Ill.App.3d 1128, 744 N.E.2d 364 (2nd Dist. 2001).

  • Ross v. Konecranes, Inc., et al.

    Currently defending a case involving complex products liability claims.  Plaintiff brought a lawsuit against numerous defendants alleging a defect in an overhead crane, steel lifter and controller which resulted in a load of steel sheets being dropped on plaintiff.  The resulting injury included significant crush injuries to the plaintiff’s legs, resulting in an amputation of one of the plaintiff’s legs.

  • Rytie v. Martin Peterson Company, Inc., et al.

    Circuit Court of Cook County, Ill.: Obtained a reasonable settlement on behalf of a plumbing subcontractor in a personal injury lawsuit alleging injuries sustained while working at a project involving the construction of a new multi-story, multi-structure addition to a local college. Filed a motion for summary judgment, leading to settlement after multiple pre-trial settlement conferences.

  • Scheldt v. Terminix

    Circuit Court of Champaign County, IL. Achieved verdict of not guilty for Terminix in a product liability/toxic tort case. Two plaintiffs alleged improper application of Dursban caused them to suffer multiple chemical sensitivity syndrome.

  • Sedler v. Hobart Corporation

    U.S.D.C., District of Maryland. Products liability/commercial meat saw. The plaintiff, a meat cutter, sustained finger amputations while operating a Hobart Model 5701 Slant Saw. The plaintiff brought an action against the manufacturer seeking compensatory and punitive damages. The defendant moved for summary judgment on the basis that the plaintiff could not prove a causal relationship between his injury and the alleged product design defect, a saw blade inclined at 15 degrees from the vertical. The defendant's motion for summary judgment was granted. No appeal was taken.

  • Shemshedinovska v.Target Corporation 

    18th Judicial Circuit, DuPage County, IL:  Argued for and obtained summary judgment on behalf of a major retailer in state court.  This was the second summary judgment motion won on behalf of this client in a month.  In this case, plaintiff argued that she slipped and fell on an excessively waxed floor.  Plaintiff argued that both she and her husband, a post-occurrence witness, were qualified to render opinions regarding the overly waxed nature of the floor based on their twenty year history of owning their own janitorial services company.  In opposition, defendants argued that plaintiff could not prove that a dangerous condition existed at the time of her fall and that even if a dangerous condition existed, the defendants did not have actual or constructive notice of the condition.  Further, the defendants argued based on Kimbrough and its progeny, that plaintiff's claims were predicated solely on surmise, conjecture and guess.  Therefore she could not prove the proximate cause of her injuries.

  • Simmons v. TruGreen Limited Partnership

    Circuit Court of Middlesex County, N.J. Obtained summary judgment decision for client TruGreen in premises liability lawsuit.

  • Smith v. Ford, et al.

    Circuit Court of Cook County, IL.: Achieved a settlement of a nominal amount on behalf of a crane company in a lawsuit brought by an ironworker.  Plaintiff alleged that a load of steel decking weighing more than 5,000 pounds was swung into his leg, causing injury to his knee.  Plaintiff underwent six surgeries to his knee and alleged that he would never work as an ironworker again.  Summary judgment was granted on behalf of the crane company on Section 414 and Section 343 grounds.  Thereafter, Plaintiff’s claim proceeded solely as a negligence claim. Plaintiff’s initial demand was $1.2 million plus a waiver of the workers’ compensation lien.  Plaintiff lowered his demand prior to mediation to $800,000 plus a waiver of the workers’ compensation lien.   The case settled at mediation for less than 7% of Plaintiff’s initial demand.

  • Smith v. Titan Steel Wheels, Ltd. (UK), et al.

    Circuit Court of Cook County, Illinois. Obtained reasonable settlement in product liability lawsuit against Titan Steel Wheels involving five-piece rim assemblies manufactured by defendant. Plaintiff alleged defective assembly resulted in vehicular accident that caused serious brain damage requiring institutionalization of plaintiff.

  • Sochacki v. Gurtz Electric

    Circuit Court of Cook County, IL. Represented electrical contractor defendant in lawsuit arising from Skybridge project in Chicago. Plaintiff, a concrete carpenter, alleged serious personal injuries due to unsafe worksite conditions. Obtained reasonable settlement on eve of trial.

  • St. Mark Missionary Baptist Church v. The Executive Board of St. Mark Missionary Baptist Church

    Circuit Court of Cook County, IL. Obtained voluntary dismissal on behalf of the executive board in a church dispute. Filed a motion for summary judgment pursuant to the First Amendment of the U.S. Constitution arguing that hearing of the dispute was barred because the controversy turned on matters of church doctrine, polity and administration.

  • Stephanie Anderson v. Superior Air-Ground Ambulance

    U.S. District Court, Northern District of Illinois.  Favorably settled employment case against ambulance company brought by former employee alleging violation of Title VII and Illinois Health Care Right of Conscience Act. Plaintiff was terminated for refusing to transport patient to obtain abortion. Case settled for cost of defense while defendant’s summary judgment motion was pending.

  • Stone v. Clarklift of Chicago North, Inc.

    Cook County, Illinois. Products liability/forklift. Client: Clarklift of Chicago North, Inc. Verdict for defendant (reversed on appeal, remanded for new trial with another verdict for defendant after second trial).

  • Tatania Garrett v. Sawbill Properties, Inc. and ICM Properties, Inc.

    Circuit Court of Cook County, IL. Obtain dismissal of consumer fraud and ordinance violation claims in a putative class action brought against the owners and managers of more than 2,000 residential rental units in the City of Chicago. Plaintiff alleged that defendants' practice of charging tenants an "administrative fee" at the commencement of the lease period violated the Chicago Residential Landlord Tenant Ordinance related to security deposits and payment of interest by landlords who hold such deposits. The remaining class action claims alleging failure to maintain the properties were dismissed pursuant to settlement with then named plaintiff.

  • Theuerkauf v. Hedlund Manufacturing Company

    Circuit Court of Menomonie County, MI. Favorably settled wrongful death lawsuit against client Hedlund Manufacturing. Plaintiffs alleged that improper warnings on Hedlund agitator pump in underground contained slurry storage system resulted in asphyxiation deaths of five members of dairy farming family.

  • Thomas Guarnieri v. Scenic Trails Bus Transportation Company

    Circuit Court of Cook County, IL.  Achieved favorable verdict for Scenic Trails in personal injury lawsuit arising from bus accident.  Plaintiff, commodity broker, sought damages for severe spinal injury/surgeries and loss of seven-figure income and his future earning capacity.  Jury awarded plaintiff $42,500, which was reduced by 75 percent for plaintiff’s contributory fault.  Decision affirmed on appeal by both Illinois Appellate Court and Illinois Supreme Court.  274 Ill.App.3d 1099, cert. denied 165 Ill.2d 550.

  • Tiffany Rambow, et al. v. Harold Ives Trucking Co.

    U.S. District Court, Northern District of Illinois. Truck tractor pulled into an intersection in front of plaintiff’s vehicle. Plaintiff sustained fracture right femur with open reduction, rod insertion, rod removal one year later and residual scarring. Verdict was $329,771. Plaintiff’s last demand was $600,000.

  • Timothy Williams v. Zurich and Terminix

    In the Circuit Court, 4th Judicial Circuit in and for Duval County, FL.  Achieved favorable verdict for defendants Zurich and Terminix in bad faith insurance lawsuit arising out of motor vehicle accident.  Plaintiff received nuisance value award.

  • Unitrin Preferred Insurance Company as subrogee of Emin & Annalisa Tuluce v. Falviu George Dobra d/b/a FDD Construction.

    Represented defendant Falviu George Dobra, a floor finishing contractor in a property damage/subrogation suit brought by the insurer of a residence damaged fire. The plaintiff claimed over $900,000 in damages for amounts paid to the homeowners to repair the home after the fire. The plaintiffs' experts contended that the fire started because the defendant allowed floor varnish to leak through the floor vent openings into the basement where the vapors were ignited by a pilot light which the defendant failed to extinguish. The defense experts contended that the fire did not start in the basement by ignition of flammable vapors but started in the first floor kitchen as a result of an electrical fault in the television set. There was a jury verdict for the defendant which was affirmed on appeal.  2013 Ill.App. (1st) 121364, 2 N.E.3d 360 (1st Dist. 2013).

  • Valle v. Gurnee Mills, LLC, et al.

    Lake County, Illinois.  Achieved a settlement on behalf of a property owner, property management company and janitorial services company for a large retail establishment in Lake County, Illinois.  Plaintiff brought suit after she alleged she slipped and fell in water spilled onto the floor by an employee of the janitorial services company.  Plaintiff suffered an injury to her knee, requiring surgery.   Plaintiff also made a wage loss claim.  The total amount of plaintiff’s medical bills and wage loss claim was $58,415.  Plaintiff’s pre-suit demand was $325,000.  The case settled for $30,000.

  • Various plaintiffs v. Borg Warner Corporation, et al.

    Circuit Court of Cook County, Ill.: Represented product manufacturer in multiple personal injury lawsuits brought by plaintiffs claiming exposure to allegedly asbestos-containing automotive products. Plaintiffs suffer from conditions such as asbestosis, lung cancer and mesothelioma. Lawsuits resolved through summary judgment, voluntary dismissals or reasonably negotiated settlements.

  • Vibin v. Paper Transport, et al.

    U.S.D.C., Northern District of IL:  Won a motion to quash a subpoena issued to a trucking company.  The subpoena sought information from the client which would form the basis of a claim against it in a case involving a double fatality.  In successfully quashing the subpoena, plaintiff was unable to obtain the information necessary to bring suit against our client.  To date, the client has not been named as a defendant in the action.

  • Village of Crestwood v. Ironshore Specialty Insurance

    Circuit Court of Cook County, Chancery Division:  On February 22, 2013 the Illinois Appellate Court, affirmed a summary judgment order of the Cook County Circuit Court, in favor of Lipe Lyons client United National Insurance Company and two other insurers. The case arises from insurance coverage litigation spawned by 30+ individual and class action water contamination lawsuits brought against the Village of Crestwood, Illinois. In the underlying cases the plaintiffs alleged that the village knowingly and routinely mixed water from a well polluted by perchloroethylene, with Lake Michigan water and distributed it to village residents through the village’s tap water supply. The village sought defense and indemnity from several insurers who had provided General Liability, primary and excess policies over the period of the alleged pollution. The carriers denied coverage based on the Absolute Pollution Exclusions contained in the policies. The village argued on appeal that: (1) it was alleged to have been merely the distributor of a defective product (drinking water); (2) it was not the initial cause of the pollution; (3) its policies should provide coverage for claims arising from one of its “central business activities” (water distribution); and (4) the pollution exclusion was intended only to apply to parties who were potentially liable for clean-up costs under CERCLA. The Court rejected these arguments and held that the exclusions were effective to allow denial of coverage.  2013 (1st) 120112, 986 N.E.2d 678 (1st Dist. 2013).

  • Wagner v. City of Chicago

    Circuit Court of Cook County, IL. Obtained summary judgment on behalf of defendant Gateway Construction Company in lawsuit alleging failure to provide safe working environment and supervision at a construction worksite. Plaintiff allegedly tripped over perimeter cable left on the worksite.

  • Waller v. Bagga

    219 Ill.App.3d 542, 579 N.E.2d 1073 (1st Dist. 1991). Affirmed successful defense verdict for minimal damages in automobile accident case in which plaintiff claimed permanent disability and loss of income from back injury.

  • Warren Raines v. Joseph Nicosia

    Circuit Court of Cook County, Illinois. Obtained a not guilty verdict on behalf of defendant in construction negligence case brought under Structural Work Act. The plaintiff was disabled when he suffered paralysis of long thoracic nerve with winged scapula and loss of use of right arm when trying to move a scaffold. Plaintiff asked jury for $869,759.

  • Waypoint Aviation Services, Inc., et al. v. Lycoming Engines, a Division of Avco Corporation

    Circuit Court of Cook County, IL: Represented defendant in a class action lawsuit brought on behalf of a putative nationwide class and 13 named plaintiffs seeking more than $60 million in damages. Plaintiffs allege that 5,000 reciprocating aircraft engines manufactured and sold by the defendant contained defective crankshafts. Plaintiffs' lawsuit is based upon alleged violation of the consumer fraud laws of 49 states and the District of Columbia. Plaintiffs' motion for class certification was denied and the suit was dismissed in 2014.

  • Wells Fargo Bank v. Funches

    Circuit Court of Cook County, IL. Represented plaintiff in breach of contract lawsuit where defendant filed motion to quash in an attempt to set aside judgment. Obtained judgment at evidentiary hearing in plaintiff’s favor through aggressive presentment of hundreds of documents and numerous witnesses proving plaintiff’s case and successfully impeaching Defendant on the stand.

  • Wells Fargo Bank v. Ibarra

    Circuit Court of Stephenson Co., IL.  Aggressively litigated case on behalf of plaintiff in contract litigation alleging failure of service, breach of contract, fraud and bad faith. Obtained judgment on summary judgment which was upheld despite Defendant’s filing of a motion to reconsider. Decision affirmed on appeal.

  • Wells-Keith v. Food Sciences Corp.

    Circuit Court of Cook County, IL. Represented manufacturer of low-calorie diet in wrongful death lawsuit brought by the decedent’s estate. Plaintiff alleged that manufacturer mislabeled the nutritional content of the diet, which led to electrolyte imbalance causing cardiac arrhythmia and death.

  • Westbrook v. Crown Services

    Illinois Department of Human Rights. Obtained dismissal for lack of evidence of claims based upon national origin on behalf of temporary staffing agency in administrative proceeding, where applicant claimed that he was not hired because of his national origin.

  • Western Railway Devices Corporation v. Addition Precision Products, Inc.

    Circuit Court of Cook County, IL:  Settled putative class action on behalf of defendant in lawsuit alleging violation of the Federal Telephone Consumer Protection Ace and the Illinois Consumer Fraud Act, as well as common law conversion.  Plaintiff claimed that the defendant transmitted a large number of unsolicited advertising faxes to class members over a four-year period.  The federal statute on which the case was based provides for $500 in damages for each unsolicited fax.  Case settled on an individual basis before presentation of motion for class certification.

  • White v. Durr Environmental

    U.S.D.C., Southern District of Illinois. The plaintiff was severely injured in an explosion at a large printing facility. He claimed that the explosion occurred when volatile gases were allowed to build up in one of the printing presses. He blamed the gas build-up on a failure of the thermal oxidizer manufactured by the defendant to function properly. He alleged that the thermal oxidizer was improperly designed and installed. Defendant filed a motion for summary judgment and plaintiff voluntarily dismissed the case. After the case was refiled the defendant renewed the motion for summary judgment and plaintiff dismissed his claims, with prejudice.

  • William Felice v. Venture Stores

    Circuit Court of Cook County, Illinois. Verdict in favor of plaintiff for $120,000 with a 50% reduction. Plaintiff suffered a displaced fracture of the right femoral neck when he tripped over the wheel of a shopping cart. Last pretrial demand was $120,000.

  • Williams v. Rymer Foods, Inc.

    Circuit Court of Cook County, IL. Successfully resolved personal injury lawsuit against manufacturer of turnstile machine. Plaintiff, a three-year-old child, was pinned by the turnstile arm resulting in anoxic brain damage with permanent cognitive, speech and physical impairment. Case was settled for cost of defense while motion to dismiss on corporate succession issues was pending. Other defendants settled for more than $8 million.