Razia Zafar, Administrator of the Estate of Sarwar Zafar, Deceased v. Jose Gonzalez and Machine Tool Technology-21, Inc., no. 91 L 15691. Represented defendant. Wrongful death. Driving west on I-290, Jose Gonzales, working for Machine Technology-21, Inc., struck car driven by Sarwar Zafar in rear. Zafar then veered into traffic lane of semi truck driven by Daniel Getter operated by Ivy Guild Co. Getter’s tractor hit Zafar’s car. Zafar died of head injury. Plaintiffs initially filed 740 ILCS 180/1 wrongful death action against Jose Gonzales, later filed second amended complaint adding Machine Tool Technology-21, Inc. as defendant and adding 755 ILCS 5/27-6 survival action. Third-party contribution complaint filed by Machine Tool Technology-21, Inc., against Getter. Defendants successfully barred testimony of Daniel Getter as S.C.R. 219(c) discovery sanction. Machine Tool Technology-21, Inc. then moved for partial summary judgment on survival count of plaintiff’s second amended complaint relying in part on testimony of Wendy Marshall, M.D. that Zafar was paralyzed from accident, never regained consciousness and could not communicate. Original demand $1,500,000.00. Machine Tool Technology-21, Inc.’s motion for partial summary judgment under 735 ILCS 5/2-1005(d) on survival count granted. Case later settled favorably.

James Garrett and Ilona Garrett, Special Co-Administrators of the Estate of Dane Garrett, Deceased, v. Berwyn Auto Service, no. 96 L 12500. Represented defendants. Wrongful death. Defendants’ tow truck struck and killed eleven and a half year old Dane Garrett (only son) while Garrett crossed Ogden Avenue in Brookfield, Illinois. Defendant did not see child; allegations of defective rear tow truck brakes. Defendants asserted counter-claim for contribution against Ilona Garrett, alleging negligent supervision of Dane Garrett. Counterclaim for negligent supervision survived ILCS 735 2-619(a) motion to dismiss. Case settled for $250,000.00.

Jeffrey Zich v. Focus Construction, no.: 07 L 010817. Defended Nova Fire Protection, Inc. Jeffrey Zich, an electrical inspector fell on drywall debris while Sherman Plaza under construction. Zich sustained L3-L4 neurologic injury resulting in decompressive lumbar laminectomy, with specials totaling $107,000.00; settlement demand $500,000.00. Nova moved for summary judgment, see Motion for Summary Judgment. Case settled for $226,000.00; Nova’s share of settlement $1,500.00. See Motion for Good Faith Finding and Order.

Vogt v. Corbett,563 N.E.2d 447 (1990). Lead appellant’s counsel for Gregory Vogt before Illinois Supreme Court. In Vogt, Michael Stefani was a passenger in a car driven by Scialabba, which was struck in the rear by car driven by Gregory Vogt. Michael Stefani sustained leg fracture, receiving treatments at Gottlieb Memorial Hospital. During treatment at Gottlieb, Michael Stefani fell from his from wheel chair. Stefani refractured leg. Plaintiff sued Scialabba, Vogt, Paulsen, and Gottlieb Memorial Hospital. Scialabba then settled with plaintiff. Later, at Gottlieb Hospital, Maxwell Corbett, M.D. remanipulated Stefani’s leg, causing a third leg fracture. In separate action, Stefani sued Henry Accuna, M.D. and Maxwell Corbett, M.D., but suit untimely under 735 ILCS 5/13-212. Because Vogt potentially responsible for all damages, even those caused by medical negligence, Vogt filed a third-party contribution claim against Maxwell Corbett, M.D. Illinois Supreme Court held actions for contribution subject to four year statute of repose contained in 735 ILCS 5/13-212(a), finding Hayes v. Mercy Hospital and Medical Center, 557 N.E.2d 873, (1990); consistent with Stephens v. McBride, 455 N.E.2d 54, (1983).

John Russo v. David Russo d/b/a D.J.’s Towing, Inc., no. 00 L 003518. Represented Defendants. John Russo was a passenger in David Russo’s tow truck. John Russo and David Russo were cousins. At 4:00 a.m., David Russo lost control of tow truck and struck concrete bridge head-on. John Russo sustained knee, shoulder, right wrist fracture requiring an open reduction and internal fixation of the scaphoid non-union with iliac crest with bone grafting, and L5-S1 disc herniation. Based on discogram and repeated MRIs, Michael Haak, M.D. provided posterior interbody fusion at L5-S1 with pedicle instrumentation and iliac bone grafting. Left side sciatica and numbness persisted post-operation. Specials and lost and future income in excess of $370,000.00. $500,000.00 policy limits demand. Case settled for $220,000.00. Based on Defendant’s answers to Illinois Supreme Court Rule 216 requests to admit facts, directed verdict on issue of breach of duty entered against defendants prior to opening statements. See: Motions in Limine With Order.

Bennett G. Braun, M.D. v. Insurance Companies, no. 05 L 004203. Represented defendant. Patricia Burgus and her minor children treated at Rush Presbyterian Hospital by psychiatrist Bennett Braun, M.D. Suspecting multiple personality disorder (MPD), Bennett G. Braun, M.D. treated Burgus with Inderal and hypnosis causing Burgus to recall memories of torture, satanic cult involvement and family abuse. Burgus filed for medical negligence against Braun and others and settled for $10,500,000.00. Complaint filed by Illinois Department of Professional Regulation and Braun’s medical license surrendered (see link). Braun then filed court complaint against insurers, attorneys and health care providers alleging defendants settled Burgus’ medical malpractice action without Braun’s consent. Two appeals taken. On April 12, 2007, after second appeal, Braun unable to answer written discovery and case voluntarily dismissed, with no refiling.

Peter Meyers v. Pacella Piggyback, Inc., no. 04 M5-001064. Represented defendant. On May 19, 2002 defendant’s semi-truck and trailer allegedly sideswiped plaintiff’s Ford, 4x4. Defendants denied contact. Damages included $300,000.00 lost income, (3 years out of work); plaintiff claimed cervical strain, degenerative arthritis, thoracic myositis superimposed on previous T-7 fracture and knee injury; $10,000.00 medical. See video surveillance on plaintiff (Clip 1, Clip 2, Clip 3, Clip 4). Defendants filed motion for S.C.R. 219(c) sanctions. See motion. Motion granted and case again dismissed for want of prosecution. Plaintiff’s motion to vacate second dismissal for want of prosecution denied.

Greg Quagliano v. TCafe, no. 05 LK 308. Represented defendant. On July 19, 2004 plaintiff, a SYSCO delivery driver, while delivering food product to defendant’s business, stepped on entryway threshold to defendant’s business, breaking threshold, falling and injuring left shoulder. Plaintiff allegedly sustained left shoulder labral tear, later undergoing superior labrum anterior (SLAP) repair. Defendant denied negligence; defendant’s medical expert further disputed existence of (SLAP) lesion, attributing plaintiff’s complaints to preexisting tendonopathy. Defendants moved for summary judgment. See motion and response. Motion denied. $96,000 medical and lost income alleged. Original demand $250,000.00; case settled for $60,000.00 including SYSCO’s 820 ILCS 305/5 lien.

John Bohn v. JEG, Inc., no. 04 L 012295. Represented Defendant. On March 19, 1999 defendant’s tow truck driving southbound on Cicero Avenue turned left in front of plaintiff’s on coming pickup, causing collision. Defendant denied negligence. Plaintiff removed from scene by ambulance. Claimed injuries included posterior C4-C5, posterior disc herniation with possible cervical decompression recommended, aggravation of prior lumbar laminectomy and discectomy with bilateral nerve root decompression and psychological injury. $60,000.00 medical expenses and $45,000.00 lost income alleged. Plaintiff examined by defendant’s S.C.R. 215(a) physician and prior video surveillance obtained on plaintiff. On eve of trial, defendant filed motion to bar for failure of plaintiff to make S.C.R. 213(f) disclosures. Pursuant to 735 ILCS 5/2-1009, case voluntarily dismissed. Case refiled. Defendant filed S.C.R. 219(c) sanctions motion. See S.C.R. 219(c) Motion. See Response. Motion denied, but plaintiff ordered to reanswer all prior written discovery. Plaintiff reasnwered interrogatories, verifying plaintiff’s involvement in March 9, 1999 rear-end accident where plaintiff sustained cervical and lumbar injuries. Plaintiff’s lawyer withdrew from case. Defendant filed second motion for S.C.R. 219(c) sanctions. See Second S.C.R. 219(c) Motion. At hearing on motion, case dismissed and order final under Beauchamp v. Zimmerman, 359 Ill.App.3d 143, 833 N.E.2d 877 (1st Dist., 2005).

Robert R. Chamberlin, III v. Roadrunners Auto Transport, Inc., no. 2003 L 00103. Represented defendant. Roadrunner’s trucker driving Ford tractor with empty auto hauler southbound on Route 59 took left turn in front of Chamberlin’s oncoming vehicle causing accident. Defendant disputed negligence. Chamberlin received shoulder separation and claimed soft tissue injuries. $7,516.00 in medical specials. Video surveillance conducted on Chamberlin. Defendant’s motions in limine barred lost income claim and medical expense. Damages for pain and suffering and loss of normal life awarded. $19,800.00 verdict for Plaintiff. Defendants filed 735 ILCS 5/2-1202 motion for new trial arguing court improperly combined Illinois Pattern Instruction 30.05 and Illinois Pattern Instruction 30.06 in violation of Illinois Supreme Court Rule 239(a). Defendant’s motion for new trial granted. Case retried. On retrial Defendant admitted negligence. Plaintiff asked $24,000.00. Verdict $4,000.00. See Motion for New Trial and Amended Motions in Limine.

Donna Hamilton as mother of Thomas Hamilton, a minor v. Amy Carlson and Alps Transportation, Inc., no. 96 L 758. Represented Defendants. Amy Carlson, driving school bus for Alps Transportation, dropped children off mid-block. Seven and a half year old Thomas Hamilton crossed front of the bus and slipped in Amy Carlson’s path. Carlson ran over child’s arm. Hamilton suffered condylar fracture, humeral fracture and radial fracture. Because of possible containment syndrome, child flown by Flight for Life to Children’s Hospital in Milwaukee where open reduction with internal fixation of condylar fracture performed; closed reduction performed on radial fracture. K-wires inserted to align fractures and arm cast applied. Despite child’s age, defendants successfully asserted contributory negligence against minor child; and third-party complaint for contribution against Donna Hamilton for negligent supervision of minor child. Video surveillance conducted on child. Trial demand reduced to $40,000.00. $5,000.00 offer. After apportionment on contributory negligence and contribution claim, $2,100.00 verdict for plaintiff. No medical expenses awarded.

William Lee v. Royal Towing Service, Inc., a Dissolved Corporation, no. 01 L 3238. Represented defendants. Royal Towing’s loaded GMC auto hauler northbound on I-55 at I-294 junction struck rear of semi-truck driven by William Lee. Plaintiff claimed knee, cervical, and left shoulder injury. Michael Morgenstern, M.D. found acromioclavicular separation and rotator cuff tear. Subacromial decompression and debridement of incomplete rotator cuff tear performed. $16,200.00 medical and $11,852.00 lost time. $47,621.77 worker’s compensation lien. Case first non-suited, but refiled. Defendants then filed S.C.R. 219(c) Motion for Discovery Sanctions. See Motion for Discovery Sanctions. Motion granted. William Lee fined and paid $2,200.00. Case later tried. Defendant driver not present at trial. Defendants admitted negligence, but denied proximate cause. Defendants’ medical expert testified plaintiff’s complaints attributable to pre-existing shoulder scarring and previous shoulder surgeries performed at Lutheran General Hospital. Plaintiff asked $70,000.00; defendants offered $15,000.00; verdict $47,098.73; case settled for $42,000.00, prior to appeal.

Corcorran v.Sauk Trails, no. 95 L 00442. Represented defendant. Driver picked up 47 passengers at Ed and Bills Maple Inn on route to Milwaukee Irish Festival. Passengers, including Patricia Corcorran, were drinking on coach bus. Plaintiff claimed to have fallen on bus stairs due to water accumulating from leaking beer coolers. Plaintiff alleged to have sustained rib fractures; turn rotator cuff with Neer acromioplasty performed. Defendants moved for summary judgment arguing plaintiff could not show bus driver knew the source of the water accumulation or how long the water accumulation existed. See motion. Defendants’ motion for summary judgment granted.

Lavergne Coleman v. Howard Hoekstra, GNA Trucking, City of Chicago, A & J Cartage, GNA Trucking, City of Chicago, and Robert Bell, no. 02 L 3916. Defended GNA Trucking and City of Chicago. Lavergne Coleman involved in accident after major snowstorm with a front-end loader driven by Howard Hoekstra. Plaintiff incurred $55,000.00 in medical and lost wages, resulting in microdiscectomy. Plaintiff also sued GNA Trucking and City of Chicago, arguing they supervised snow removal activities or were vicariously responsible for Hoekstra’s activities. GNA Trucking and City of Chicago moved for summary judgment, arguing no vicarious responsibility for GNA Trucking; City of Chicago immune from suit under 745 ILCS 10/3-105(a) and 745 ILCS 3-108(b) of Tort Immunity Act. Motion for summary judgment forced plaintiff to voluntarily dismiss GNA Trucking and City of Chicago, with no refiling. See: Motion for Summary Judgment.

Josephine Butzen by Edwina Skelton v. Dale Smith and Dales Charter Service and Mayflower Tours, no. 99 L 08589. Represented defendants. Wrongful death. Eighty-four year old Josephine Butzen fell on defendants' moving coach bus, sustaining non-displaced pelvic fracture. Butzen later died from emphysema and cardiac arrest. Plaintiff filed wrongful death and survival complaint alleging bus fall a proximate cause of later death. Defendants moved for summary judgment arguing Dales Charter not a common carrier, but private contract carrier under Doe v. Rockdale School District, 679 N.E. 2d 773 (1997) thereby owning only the duty of ordinary care; further that Smith’s stopping coach bus in traffic for stop light controlled by Malone v. Chicago Transit Authority, 222 N.E. 2d 93 (1966). Court found Doe and Malone controlling; summary judgment for Smith and Dales. Case settled without appeal. See: Motion for Summary Judgment.

First Presbyterian Church v. Kenneth Lung, Bob Thomas Painting, and Robert Harris Thomas, no. 92L 1083. Represented Atlantic Mutual a/s/o First Presbyterian Church. Lung, a painting contractor in Alton, Illinois, painted First Presbyterian Church, touching aluminum ladder against 20,000 volt uninsulated power line maintained by Union Electric. Electricity passed from ladder through sidewalk into concrete rebar, traveled to sanctuary ceiling of church, igniting fire. Defendants filed motion under 735 ILCS 2-619(5), arguing case to be dismissed under 735 ILCS 5/13-214 improvements to real property statute. Defendant’s motion denied. Plaintiff established painting activities amounted to ordinary maintenance, not improvements to real property. Damages exceeded $2,414,905.70; case settled favorably. See: Plaintiffs' Response Brief.

State of Ohio v. Carl Brixius and David Sliman v. Triad Metal Products (intervenors)., no. 41578. Represented Triad Metal Products. Carl Brixius worked for 37 years as a purchasing employee at Triad Metal Products Company. Brixius was a third generation employee of Triad Metal Products Company. David Sliman was the owner of Midpark Metals, Inc. At the time of loss, 65% of Midpark Metal, Inc.’s business was based on purchases from Triad Metal Products Company. Carl Brixius and David Sliman devised a scheme where Carl Brixius would order metal supplies from David Sliman at Midpark Metals. David Sliman would claim to have received the product. However, no product was purchased or shipped, but Carl Brixius would acknowledge receipt of the product and then issue an electronic funds transfer to David Sliman, and they would split the proceeds. Theft totaled $104,078.00. Triad Metal Products Company worked directly with Ohio state prosecutors. State prosecutors agreed to reduce felony charges to misdemeanor theft. $105,039.29 repaid by debtors; debtors given probation and sentenced on misdemeanor theft.