Cases Resolved in 2011

Examples of some of the cases which we have successfully resolved on behalf of our clients in 2011 are set forth below.

Trial, Summary Judgment, and Dismissal with Prejudice 

Case:  Plaintiff was an elderly female who fell down stairs at the insured's theatre and suffered a knee injury, which requreid surgery for a torn meniscus and caused permanant disability. Motion for Summary Judgment was denied and we brought the case to trial. Result: at the close of plaintiff's case in chief, we moved for a directed verdict which was granted and entered in favor of our client.

Case:  Plaintiff allegedly complained to management that co-workers were instructing her to release funds to sellers prior to receiving signed promissory notes, and falsely representing to her that the proper documentation had been obtained. She believed that releasing funds without this documentation was fraudulent and illegal. Her suit alleged that she had been discharged in retaliation for her complaints. Result: we successfully secured summary judgment in favor of the employer asserting that the plaintiff's claim of retaliatory discharge based upon perceived illegal accounting practices did not involve a closely mandated public policy as required by Illinois.

Case:  Plaintiff, an electrician, alleged that while delivering construction supplies, he tripped over a tie wire connected to a dumpster and a fence. Plaintiff, who was in his thirties, suffered career-ending injuries to his wrists. Result: we prevailed on a Motion for Summary Judgment on behalf of a construction contractor who was accused of creating and/or failing to prevent a workplace hazard. The court held that the construction contractor did not create the hazard, had no notice of the hazard nor did it have a duty to protect Plaintiff against the hazard.

Case:   Plaintiff, an electrician, alleged that while walking in a dark well house, he slipped on oil that was left on the ground by one of the contractors. Plaintiff accused the contractors of turning off the temporary lights in the well house and/or negligently leaving the oil on the ground. Plaintiff suffered a career ending injury to his back. Result: we prevailed on a Motion for Summary Judgment on behalf of a construction contractor who was accused of creating and/or failing to prevent a workplace hazard The court held that the construction contractor did not create the hazard, had no notice of the hazard nor did it have a duty to protect Plaintiff against the hazard.

Settlements

Settled claim of defamation for nuisance value, despite excess exposure, at 1/100th of the demand of plaintiff.

Case:　Plaintiff, a roofer, slipped from a roof on the insured general contractor's job site. He fell three stories and sustained fractured vertebrae and other injuries. The plaintiff's condition deteriorated and he ultimately required 24 hour care and spent the last four years of his life in a nursing facility. The insured general contractor was the only named defendant. We established through discovery that the insured did not maintain the requisite control over the roofing subcontractor either by contract or action. We also established that the insured had no actual or constructive notice of any condition that lead to the occurrence. Result: we resolved the case for 12% of the plaintiff's demand which was substantially less than even medical specials.

Case:  Plaintiff contracted Legionnaires Disease and as a result was hospitalized and ultimately intubated for respiratory failure. She then filed suit against a Veterinary clinic where her pet had undergone water therapy treatment. The plaintiff named multiple defendants including current and predecessor related entities. We represented both current and predecessor entities and co-ordinated their defenses prior to filing a responsive pleading.We then filed a Motion for Judgment on the Pleadings based upon information subject to judicial notice from the Centers for Disease Control and other federal, state and municipal sources. The plaintiff attempted to amend rather than oppose the motion on the basis that there was a clerical error in the complaint which was easily corrected. We defeated that attempt as well as a request to conduct discovery. The plaintiff had previously made a policy limits demand. Rsult: we resolved the case in less than thirty days from the filing of our motion for a total of 5% of the demand for all defendants.

Case:  Plaintiff, a guest in our insured's hotel, caught her hand between elevator doors when she inserted it as the doors were closing. She claimed a navicular fracture, carpal tunnel syndrome resulting in surgery and aggravated osteoarthritis of the thumb. We argued that the elevator doors operated properly; that the plaintiff caused her own accident when she knowingly put her hand between closing doors, and; that there was no notice of any malfunction of the doors which plaintiff had used multiple times prior to the occurrence. After we took the plaintiff's deposition and established the above, as well as the fact that she had no evidence to support any wage loss claim, we brought the case to pretrial. Result: the case was resolved for 18% of the plaintiff's settlement demand.

Case:  Plaintiff claimed $450,000 in property damage and lost income as result of an alleged improper plumbing hook-up by the insured's subcontractor which caused his office to flood twice during heavy rainfalls. We argued the hook-up was proper and that, in any case, was the work of an independent contractor for whom our insured, the general contractor, was not responsible. We also argued that the plaintiff's damages were primarily from an intervening car crash into the front window of his office; that he had no evidence to support most of his damages, or; that he had been previously compensated by the carrier which paid the claim for vehicle related occurrence. Result: we resolved the entire claim on behalf of our insured for 5% percent of the demand.

Case:  Plaintiff claimed that she was caused to slip and fall as a result of ice which formed from water dripping from the restaurant roof owned by the insureds. She claimed resulting bilateral knee injuries, with one replaced, a back injury and permanent inability to return to work. After we took the depositions of all parties we established that the insured could not have fallen where she alleged based upon her testimony and that of the eyewitnesses; that her knee injury was transient, had resolved and that the replacement, as well as the claimed back injury, were unrelated. We also established that the plaintiff failed to disclose all treaters and that she had a history of an intervening knee injury. Result: we settled the case for the insured for less than 20% of medical specials.

Case:  Plaintiff claimed that she was caused to slip and fall and suffer serious injury as a result of ice that formed from a dripping garage roof in the insured condominium complex. We filed an answer and affirmative defense and aggressively pursued discovery. Result: the plaintiff ultimately non-suited the case and no monies were paid. Re-filing is not anticipated.

Case:  Plaintiff, a contractor, filed claims for breach of warranty of fitness for intended purpose and breach of warranty of merchantability with regard to certain bricks manufactured by the insured that were used to construct plaintiff's personal residence. We argued that no warranties existed between plaintiff and the insured since there was no privity between them; that the warranties were limited regardless, and; that the bricks complied with all ASTM standards. Result: we resolved the case for 8% of plaintiff's demand.

In 2011, we achieved the following results in employment litigation:

2 cases dismissed for lack of evidence on allegations of sexual harassment.

2 cases dismissed at EEOC for lack of evidence on claims of race discrimination.