PREMISES LIABILITY
Verdict Amount: $ 6,322,000.00
Case Name: Rene Guerrero and Patricia Guerrero v. Ginx, Inc., an Illinois Corporation,
Circuit Court of Cook County, Illinois Case No.: 04 L 2355
(Tried March 27, 2006 to March 31, 2006)
Facts: On February 4, 2001, Rene Guerrero was a 24-year-old patron at a tavern owned by Ginx, Inc. Another patron, known only as “Mike," became intoxicated, argumentative and violent at the tavern as the evening progressed. “Mike” then got into a fight with another patron of the bar and was asked to leave. “Mike” later returned to the bar within minutes and was patted down by the tavern’s bouncer. The bouncer felt what he felt was a gun in “Mike’s” pants and then asked him to leave the tavern, again. Within seconds of Mike leaving the tavern, shots were fired into the tavern through a boarded-up side door. Our client, Rene Guerrero, who was not involved in any altercation that evening, was shot in the back while playing pool near the area of the boarded-up side door.
Client's Injury: Permanent paraplegia with paralysis from the nipple-line down, spastic bladder and bowel; broken ribs and a collapsed lung
Defense Attorneys: James L. Hodges, L. Barrett Boadach & Associates, Chicago, IL
AUTOMOBILE COLLISION
Settlement Amount: $ 1,150,000.00
Case Name: CANDI DAGGIT v. TERRANNA McGEE
Circuit Court of Cook County Case No.: 01 L 6380
Facts: On February 18, 2000 the client was a passenger in an SUV that was stopped for a red light when it was rear ended by a van while exiting Midway Airport.
Client’s Injuries: Disk herniation at C4-5, C5-6 and C6-7 requiring an anterior cervical diskectomy, decompression and fusion with plating on two occasions. After the second operative procedure, the client continued to have pain issues that were not resolving, resulting in a diagnosis of permanent nerve damage at C-6 and Complex Regional Pain Syndrome.
Defense Attorneys:
Mary Crawford, CASSIDY, SCHADE & GLOOR
Robert Smith, LAW OFFICES OF KEVIN J. KAWA
PRODUCTS LIABILITY
(We represented the manufacturer of a motorized scooter)
Verdict: Not Guilty
Case Name: ANGELA LIMBEROPOULOS, as Special Administrator of the Estate of LOUIS LIMBEROPOULOS, Deceased vs. ESTHER PARK and PATMONT MOTOR WERKS
Circuit Court of Cook County Illinois Case No.:02 L 8978
(Tried October 18, 2005 to October 26, 2005)
Facts: On June 27, 2002, at 10:30 P.M. the defendant, ESTHER PARK, was operating a motor vehicle in a Northwesterly direction on Northwest Highway at its intersection with Mt. Prospect Road in Des Plaines, Illinois which struck and killed 14-year-old LOUIS LIMBEROPOULOS, who was operating a motorized scooter northbound across Northwest Highway at Mt. Prospect Road. The Plaintiff’s family filed a Wrongful Death Act and Survival Action against the driver of the motor vehicle alleging negligence in the operation of her motor vehicle and against our client, PATMONT MOTOR WERKS, the manufacturer of the motorized scooter wherein she alleged certain defects in the Go-Ped motorized scooter, including that the Go-Ped was not reasonably safe in its design in that our client allegedly had failed to provide a headlight to allow the Go-Ped to be seen at night; had failed to provide adequate reflective devices to allow the Go-Ped to be seen at night; and had failed to post warnings on the Go-Ped or otherwise warn and instruct the user of the dangers of driving the motorized scooter at night.
Injuries: Multiple Injuries resulting in Death on July 4, 2002
Amount asked of Jury by the Plaintiff’s attorneys: $3,606,497.00
Verdict: Not Guilty as to our Client Patmont Motor Werks
(Co-Defendant Esther Park settled for $100,000.00 prior to jury selection)
Plaintiff’s attorneys: Daniel K. Touhy and James Zouras of Touhy & Touhy, Chicago, IL
AUTOMOBILE-TRUCK COLLISION
Settlement Amount: $ 850,000.00
Case Name: Michael Mc Gee and Gloria Sanders-Herrron v. David French and Air Ride Transport, Inc.
U.S. District Court for the Northern District of Illinois-Eastern Division
Case No.: 05 C 3496
Facts: On December 19, 2002 Gloria Sanders Herron was a passenger in a vehicle being operated by Michael Mc Gee that was proceeding westbound on Thorndale at its intersection with Mittel Boulevard in Woodridge, Illinois when a truck being operated by Defendant DAVID THOMAS FRENCH, who was traveling eastbound on Thorndale Avenue, made a left turn to go northbound on Mittel Boulevard and collided with MICHAEL McGEE's vehicle.
Client's Injuries: Gloria Sanders Herron sustained herniated discs in her lumbar spine at levels L3-4 and L4-5 with associated central canal narrowing and stenosis at L3,4 and L4,5 and radiculopathy secondary to the lumbar neural foraminal narrowing that required two decompression surgeries which involved the permanent placement of spacers, stabilization rods and screws.
Defense Attorney: James Le Barge of Pretzel & Stouffer, Chtd.
PREMISES LIABILITY
Settlement Amount: $ 750,000.00
Case Name: David Nanke v. Elenore Schwabe and Palormo Realty, Inc., an Illinois Corporation,
Circuit Court of Cook County, Illinois Case No.: 98 L 02315
Facts: On August 2, 1997, David Nanke, a citizen of the Czech Republic was painting the exterior stairway at 625 ½ West Arlington, Chicago, IL, when he encountered a garbage can on the winder portion of the staircase at which time he lost his balance and fell over the railing of the stairway, falling two stories to the ground. It was alleged that there were various defects in the staircase.
Client’s Injury: Rib fractures, a Burst dislocation of T10/T11 and T11/T12 with paraplegia which required a fusion of T8 to L1 with a rib graft
Defense Attorneys:
Bradford D. Roth CASSIDAY, SCHADE & GLOOR
Patrick H. Norris, MATYAS and NORRIS
PRODUCTS LIABILITY
Settlement Amount: $ 722,500.00
Case Name: Dorothy Graf, As Administrator of the Estate of JOHN G. MILOS, Jr.,Deceased, vs. Philips-Magnavox, Inc., a Foreign Corporation, Royal Philips Electronics, a Foreign Corporation, Philips Consumer Electronics Company, K-Mart Corporation, Gemini Industries, Inc. and Theresa Boland
Circuit Court of Cook County, Illinois Case No.: 99 L 12526
Facts: On December 30, 1998 a power strip manufactured by Gemini Industries, Inc. for Philips-Magnavox failed, causing a fire at the condominium of Theresa Boland at 18241 S. Morris Avenue, Homewood, Illinois. The product failure consisted of either an MOVand/or thermal fuse failure and/or inappropriate installation of the MOV and/or thermal fuse when the power strip was manufactured. The fire burned through the walls of Theresa Boland’s condominium unit and entered the adjoining condominium unit of John G. Milos.
Client’s Injury: Wrongful Death of 67-year-old John G. Milos caused by burns and carbon monoxide poisoning. Mr. Milos was a retired train engineer.
Defense Attorney: Michael R. Jensen, HALL & JENSEN, LTD .
AUTOMOBILE COLLISION
Settlement Amount: $ 700,000.00
Case Name: GUILLERMO HERRERA vs. JASON FORD, VILLAGE OF ORLAND PARK, a Municipal Corporation and RACHAEL HERNANDEZ
Circuit Court of Cook County, Illinois Case No.: 02 L 011889
Facts: On December 1, 2001, the client was on the back of a man lift truck assisting employees of the Village of Orland Park while they were hanging Christmas Tree lights along La Grange Road near 159 th Street when a Village of Orland Park police squad car operated by Officer Jason Ford rear ended an SUV stopped behind the man lift truck, causing the SUV to hit the man lift truck, thereby knocking the client over. Then on December 19, 2001, the client was driving southbound on Harlem Avenue near 126 th Street when he was rear-ended by Rachael Hernandez.
Client’s Injury: Herniated Disk at L5-S1 requiring an L-5 S-1 laminectomy/discectomy; Posterior Spinal Fusion at L-5-S-1; Cage insertion bilateral posterior lumbar L5-S1, 9mm; and Left Right Iliac Crest Bone graft with a permanent lifting restriction of 25 pounds.
Defense Attorneys:
Chad Zupke, LAW OFFICES OF CHRISTINE TENNON,
Michael West, BRODERICK, STEIGER & MAISEL
BUS COLLISION
Settlement Amount: $ 653,758.00
Case Name: SYLVIA ARBETMAN v. HENRY DIAZ and CHICAGO TRANSIT AUTHORITY, A Municipal Corporation
Circuit Court of Cook County, Illinois Case No.: 02 L 014795
Facts: On May 7, 2002, the client was a passenger in an automobile that was stopped for a red traffic light at North Avenue and Ashland Avenue when it was rear ended by a C.T.A. bus.
Client’s Injury: Aggravation of pre-existing lumbar disk disease and lumbar stenosis that had been operated upon one year prior to this collision, resulting in a revision surgery consisting of a decompressive laminectomy from L2-S1 with pedicle screw instrumentation and posterolateral fusion. The client also suffered from a postoperative infection.
Defense Attorney: Jack Krackenberger, CTA Staff Counsel
TRUCK COLLISION
Settlement Amount: $ 420,000.00
Case Name: JORGE ABOYTES, JUAN CARLOS VASQUEZ & ROMANDO TAVAREZ vs. RAYMOND DUBE & REINKE GYPSUM SUPPLY CO.
Circuit Court of Cook County Illinois Case No.: 97 L 3988
Facts: On November 6,1996 a truck crossed the center line and collided head on with our client’s car.
Client’s Injuries : Splenectomy, Multiple left lower rib fractures (7th through 11th rib) [displacement of distal fracture fragments of the eighth rib and malalignment of the 9th rib]; bilateral trapezius muscle strain; pulmonary contusion without open wound into thorax; foreign body in trachea, bronchus, and lung; pulmonary insufficiency following trauma and surgery consistent with adult respiratory distress syndrome; bilateral pulmonary infiltrates with ARDS picture with hypoxia; plate atelectasis in left perihilar region; postoperative respiratory arrest; left side chest pain; abnormal liver functions; anemia status post transfusion; sinus tachycardia with nonspecific ST wave changes; hyperdynamic secondary to tachycardia; thrombocytopenia; hypokalemia; hypophosphatemia; hypomagnesemia; hypopotassemia; decreased albumin; epigastric pain, xiphodynia; deep venous thrombosis, gastrointestinal prophylaxis and post operative pneumonia.
Defense Attorney: Lawrence J. Drabot, Kralovec & Marquard, Chtd.
AUTOMOBILE COLLISION
Settlement Amount: $ 147,203.00
Case Name: Theodore Bullock v. Kimberly Davis-Young
Circuit Court of Cook County, Illinois Case No.: 02 L 013095
Facts: On September 12, 2002, the client was a pedestrian standing at the bus stop at 35 th and La Salle Streets, when the Defendant ran a red light, collided with another vehicle, lost control and struck the client.
Client’s Injuries A right wrist fracture, a right ankle fracture which required and open reduction and internal fixation and multiple abrasions and lacerations.
Defense Attorney: Stephen B. Frew, KEISLER & BERMAN
PREMISES LIABILITY
Settlement Amount: $ 150,000.00
Case Name: VIDAL MARTINEZ vs. BASIC MANAGEMENT CO.
Circuit Court of Cook County Illinois Case No.: 99 L 10460
Facts: On October 23, 1998 , the client was in the courtyard of the building where his brother was living when he was shot in the back by an unknown assailant. It was claimed that the landlord negligently maintained a security gate allowing the shooters to enter the courtyard.
Client’s Injuries: Gunshot wound to the back resulting in paraplegia
Defense Attorney: Tracy Stokes, James M. Hoffman and Associates
AUTOMOBILE COLLISION
Settlement Amount: $ 95,000.00
Case Name: Veronica Chavez v. Renate Maria Jennings
Kane County Circuit Court Case No.: 01 LK 590
Facts: On January 6, 2000, the client was stopped in traffic on Lake Street at or near Manor Place in Aurora, IL when the Defendant rear ended her vehicle.
Client’s Injuries Lumbar disc syndrome, neck contusion, acute traumatic cervical sprain/strain, acute traumatic lumbosacral disc herniation at L5-S1, with central stenosis and post concussion syndrome.
Defense Attorney: John W. Gilligan, III, STELLATO & SCHWARTZ,
PREMISES LIABILITY
Settlement Amount: $ 137,500.00
Case Name: Thomas Nowitnick v. 1218 E. MADISON PARK
CONDOMINIUM ASSOCIATION, STEPHEN COLE
COMPANY, INC., A CORPORATION, PAUL HUNTER and
KATHRYN HUNTER,
Circuit Court of Cook County, Illinois Case No.: 98 L 2320
Facts: The client who was an employee of a plumbing subcontractor, was walking down the rear stairs between the 3 rd and 2 nd floors, carrying his tool box, when he stepped on one stairway tread that was not secured properly. This caused him to lose his balance and fall down the stairs. The client could not reach for the handrail because it was wobbly and rickety.
Client’s Injuries Partial tear of the anterior crucate ligament/internal derangement of the right knee which required a synovectomy; sprain of the right knee, possible reflex sympathetic dystrophy, post traumatic poplitous tendinous cyst and right peroneal neuropathy which resulted in a decompression and dissection of the peroneal nerve, excision of the cyst and an arthrotomy of the tibiofibular joint
Defense Attorneys: Gary M. Feiereisel, Fraterrigo, Beranek, Feiereisel & Kasbohm
George Risebourgh, Jacobs & Risebourgh
Mark Conrad, Fitzgerald, Dunn & Cross,
Henry F. McRoberts, Mangan, Langhenry, Gillen & Lundquist
AUTOMOBILE COLLISION
Settlement Amount: $ 60,000.00
Case Name: SUZANNA TEPIAK v. BENJAMIN ENGELSON and MEARS GROUP, INC., a Foreign Corporation
Du Page County Circuit Court Case No.: 01 L 01358
Facts: The client was traveling northbound on Kirk Road approximately 1/4 mile north of Fabyan Parkway in Geneva, Illinois when the Defendant, Benjamin Engelson, who was alleged to have been intoxicated, was traveling southbound on Kirk Road 1/4 mile north of Fabyan Parkway crossed the center line and collided into the client’s vehicle.
Client’s Injuries: Glass pieces in the left eye and throat, lacerated lip, left eye hematoma with an abrasion to the left cornea, chronic cervical muscular strain, chronic lumbosacral strain, cervical spine myofascitis, post concussion syndrome headaches, head contusion, abrasion left knee, contusion left elbow, bruise to the ligament surrounding her #10 tooth with mobility to the tooth and nerve damage.
Defense Attorney: Terry M. Lachcik, Law Offices of David A. Izzo & Associates
NEGLIGENCE
Verdict Amount: $ 151,913.48
Name of the Case: STUART LUPPESCU, Both Individually and as father and next best friend of CHINAMI LUPPESCU, a Minor, by and through their attorneys, MARK L. KARNO & ASSOCIATES, and in Complaining of the Defendants, YOUNG CHEN LEE and SOUTH SEA COMPANY, d/b/a SOUTH SEAFOOD RESTAURANT, Circuit Court of Cook County, Illinois Case No.: 97 L 11788
Facts of the Case: On July 27, 1997, the Plaintiff, CHINAMI LUPPESCU, age 3 years old, was a patron of SOUTH SEAFOOD RESTAURANT, which was located at 2168 S. Archer Avenue, Chicago, Cook County, Illinois when the Defendant, YOUNG CHEN LEE, an exchange student from Seoul South Korea, spun a lazy Susan tray containing a pitcher of hot tea that subsequently fell off of the lazy Susan tray causing boiling hot water to spill onto Chinami Luppescu.
Injuries: Scald burn to left extremity and right body, right elbow, right thigh, and right calf.
Defense Attorney: Michael B. Johnson, Winston & Strawn
AUTOMOBILE COLLISION
Verdict Amount: $ 273,500.00 reduced by 20% for comparative fault.
Name of Case: Alicia Padilla v. Mussa Muhhamed
Circuit Court of Cook County, Illinois Case No.: 99 L 04210
Facts of Case: On April 16, 1997 at the intersection of 34 th Street and 61 st Court in Cicero, Illinois. The Plaintiff, Alicia Padilla was traveling eastbound on 34 th Street and the Defendant Mousa Muhammed was traveling northbound on 61 st Court at the time of the occurrence. It was alleged that the Mussa Muhhamed failed to yield the right of way to Alicia Padilla.
Injuries to client: Ruptured intervertebral disc at L4-L5 requiring a Lumbar Laminectomy
Defense Attorney: Mark Sickles, Tomassi, Radogno, Cameli & Hoag
AUTOMOBILE COLLISION
Verdict Amount: $ 195,430.00, reduced by 50% for comparative fault.
Name of Case: Dorina Pybas v. Johne E. Harris and Overhead Garage Door, Inc.
Circuit Court of Cook County, Illinois Case No.: 99 L 14623
Facts of Case: On January 14, 1998, at Virginia Street and, including the facts that Dorina Pybas was traveling Eastbound on Virginia Street at Crystal Court, in Crystal Lake, Illinois when John Harris, who was traveling westbound on Virginia Street made a sudden left turn in front of Dorina Pybas, causing her to lose control of her vehicle in an attempt to avoid hitting the Harris vehicle. Thereafter, she struck a vehicle being operated by a Robert Bartel, who had been traveling immediately behind Mr. Harris.
Injuries: Torn annulus resulting in herniated discs at C5/C6 and C6/C7; Cervical sprain/strain; multiple blunt trauma; radiculopathy; cervical bulging disc at C5/C6; cervical arthritis; cervicalgia; myofacial component, fibromyalgia type, secondary to whiplash injury; occipital nerve pain, bilaterally contributing to headaches; and paravertebritis at T2. The client underwent a spinal discectomy and fusion.
Defense Attorneys: James F. Best and Scott D. Mc Kenna, Best, Vanderlaan & Harrington
WORKERS' COMPENSATION
Settlement Amount: $ 139,687.51 for PPD
Name of Case: Matthew Riley Vs. Miner & East, Inc.
Industrial Commission Case No.: 00 WC 3238
Facts of Case: Client fell off of a ladder while at a jobsite for his employer.
Injuries: Forearm fracture distally, left shoulder rotator cuff tear, requiring left shoulder surgery and left shoulder arthroscopy, arthroscopic Bankart repair, mini arthrotomy, rotar cuff repair; Left wrist distal radius fracture; C5-6 herniated disc, requiring cervical discectomy and fusion. Fracture of the nose. Posttraumatic atypical migraine.
Insurance carrier: St. Paul Fire and Marine Insurance Company
PREMISES LIABILITY
Amount of Settlement: $ 90,000.00
Name of Case: Rosario Corral V. Tito Vargas, Efrain Ramirez and Jose Romero
Circuit Court of Cook County , Illinois Case No.: 00 L 6598
Facts of Case: On July 25, 1998, the client fell while walking down a defective staircase.
Injuries: A torn medial meniscus, chronic knee pain, cephalgia, right knee sprain, internal derangement of the right knee which required two surgeries to repair and chondral defect to the right lateral tibial plateau.
Defense Attorney: James G. Stiefbold, Matyas & Norris
AUTOMOBILE COLLISION
Verdict Amount: $ 300,000.00
Name of Case: Shena Wilson, V Teloptic Cable Construction, Inc., John E. Yazel and Marcus Nathan
Circuit Court of Cook County, Illinois Case No.: 96 L 6327
Facts of Case: On July 30, 1994, the client was a passenger in an automobile being driven by Marcus Nathan northbound on Route 31 north of Gracy Road, in Mc Henry County, Illinois when it was struck by a truck driven by John E. Yazel, southbound on Route 31 that had crossed the center line.
Injuries: Multiple fractures
Defense Attorney: Todd Syverson, Franks, Gerkin & McKenna
UNINSURED MOTORIST CLAIM
Amount of Settlement: $ 100,000.00 representing the full policy limits
Name of Case: Juan Torres v. Nationwide Insurance
Facts of Case: Hit and run collision on Interstate 88 in York Township, Du Page County, Illinois on March 4, 2000.
Injuries: A closed fracture of malar and maxillary bones, a concussion with loss of consciousness, a chest wall contusion, lung contusion, wrist sprain, face laceration, and bilateral facial fractures.
Insurance Carrier: Nationwide Insurance
UNDERINSURED MOTORIST ARBITRATION
Arbitration Hearing conducted June 28, 2005 before three arbitrators in accordance with the client’s Under-insured Motorist Insurance Coverage with the State Farm Mutual Automobile Insurance Company.
Arbitration Award: $ 200,000.00 representing the remainder of $250,000.00 UIM policy limits
(Our client had previously obtained the $50,000.00 policy limits from the responsible driver’s insurance carrier)
Case Name: Robert Ruyle v. State Farm Insurance Company
American Arbitration Association Case No.: 51 2000 01398 04
Facts: On April 12, 2002 Robert Ruyle, a retired high school shop teacher was driving an automobile that was stopped for a red light at Lincoln and Veterans' Parkway in Bloomington Illinois, when it was rear ended by a car operated by Tjaden Theonnes. Mr. Ruyle incurred $70,531.00 in medical bills and incurred an additional $129,000.00 in damages for contractors he had to hire to finish a home remodeling project that he was engaged in at the time of the collision. Shelter Mutual Insurance Company had previously paid its entire $50,000.00 policy limits.
Client's Injuries: Broad based disc protrusions at C4-C5, C5-C6, C6-C7 and C7-T1 with bilateral neural stenosis and encroachment upon the thecal sac; Spurring at C3-C4 to the right side with compression to the right neural foramen with facet joint arthropy, degeneration/ desiccation of the L2-L3 , L4-L5 and L4-S1 intervertebral discs, 3mm right paracentral herniation of the L5-S1 disc, hypestasis of 2nd and 3rd finger of left hand, and chronic C8 radiculopathy in the right arm. As a result of the injuries that he sustained in this occurrence, he underwent an anterior cervical discectomy and fusion at C4-5, C5-6 and
C6-7.
Defense attorney: Philip G. Heitz, Esq., Garretson & Santora, Ltd.,
WORKERS' COMPENSATION ACT CLAIM
Settlement Amount: $183,490.37
Name of Case: Richard LaBarbera v. Grane Leasing d/b/a Drivers & Dock Services
Workers' Compensation Commission Case Number: 05 WC 44945
Facts of Case: Petitioner was injured in a rollover truck accident.
Injuries: Herniated/ruptured discs in the cervical and lumbar region with a prescription for lumbar fusion surgery; lacerations to left arm.
Noteworthy: Respondent denied causal connection between accident and injuries relying upon Respondent's evaluating physician and an alleged gap in treatment. After a hearing pursuant to section 19(b) of the Illinois Workers' Compensation Act, the Respondent was ordered to pay several thousands of dollars in owed time-off pay and medical expenses, and was specifically ordered to authorize surgery prescribed by the Petitioner's orthopedic surgeon. In addition, Respondent was also ordered to pay over $36,000.00 in penalties because of its unreasonableness in handling the claim. The Respondent and Petitioner decided to settle the case shortly after the award.
Insurance Carrier: United Heartland Insurance Company
Defense Attorney: Cecil Porter, Power & Cronin
