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Lowell D. Snorf, III: Born Evanston, Illinois. Graduate of Boston University, Bachelor of Arts With Distinction, 1977; Suffolk University, Master in Business Administration, elected Delta Mu Delta National Honor Society in Business Administration, September, 1979; Widener University School of Law, Juris Doctor, elected Phi Alpha Delta Law Fraternity, International, December, 1981. Admitted to Illinois Bar, May, 1982. Admitted: Federal Trial Bar, United States District Court for the Northern District of Illinois, United States District Court for the Southern District of Indiana, Evansville Division, United States District Court for the District of Maryland, United States District Court for the District of Minnesota, and United States Court of Appeals, Seventh Circuit. From 1982 to 1983, associate, Haight, Hofeldt, Davis and Jambor concentrating in federal patent, anti-trust and unfair competition litigation. From 1983 to 1992, associate then partner with Phillips, Healy, Allen & Snorf, concentrating in insurance defense trial practice. From 1992 to present, in practice with own law firm concentrating in insurance trial practice, both defense and subrogation.

Staff: To support this operation, there are three experienced law clerks with native fluency in Polish, Russian and Ukranian.

Representative Clients: List of representative clients is available upon request.

Experience: Trial attorney with 22 years experience with over 55 jury trials to verdict. Areas of concentration include complex personal injury litigation, transportation, chancery, Carmack, product liability, fidelity and surety and property subrogation. Trials in Illinois Industrial Commission; Illinois Court of Claims. Appeals. Numerous arbitrations before Arbitration Forums, Inc. (auto, property and special arbitration).

Objective: Committed to prompt response to client’s need for personal, innovative, experienced, and quality professional services.

Western Loss Association: “Subrogation Actions From The Property Insurer's Perspective.”

Western Loss Association: “Handling the Fire Loss Subrogation Claim.”

Western Loss Association: “In Re Chicago Flood Litigation: The Economic Loss Doctrine under Moorman.”

Chicago Bar Association: “How to Start and Maintain a Solo Law Practice.”

Bar Memberships: Chicago Bar Association, Illinois State Bar Association, American Bar Association.

License: Attorney Registration and Disciplinary Commission Registration No. 6182238.

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, Dale Smith and Dales Charter. 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 First Presbyterian Church. Lung, painting contractor in Alton, Illinois, painted First Presbyterian Church, touching aluminum ladder against 220,000 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.

James Garrett and Ilona Garrett, Special Co-Administrators of the Estate of Dane Garrett, Deceased, v. Berwyn Auto Service, no. 96 L 12500. Represented Berwyn Auto Service. 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.

Razia Zafar, Administrator of the Estate of Sarwar Zafar, Deceased v. Jose Gonzalez and Machine Tool Technology-21, Inc., no. 91 L 15691. Defended Machine Tool Technology-21, Inc. 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.

Fabri Center of America v. Payless Shoe Source, Inc., no. EV 92-94-C. Represented Fabri Center of America. Federal diversity action filed against Payless Shoe Source, Inc. and NCR Corporation. Xon 7625 Database manufactured and installed by NCR Corporation at Payless Shoe Source, Inc. alleged to have started fire at Payless Shoe Source, Inc. Xon unit documented by Evansville Fire Department to have malfunctioned two days before fire. Payless Shoe Source, Inc. called NCR Corporation, reporting Xon unit smelled of smoke. NCR Corporation inspected the Xon unit but found no defect. Evansville Fire Department official testified NCR Corporation’s database started fire which spread from Payless Shoe Source, Inc. to Fabri Center of America next door. Defense experts countered Xon 7625 unit had insufficient voltage (6 volts) and amperage to start fire. Causes of action included products liability, negligence, and res ipsa loquitur. Inventory and contents damage approached $325,000.00; case settled for $250,000.00.

Vincent v. Rubino v. Bartels, no. 84 L 5374. Defended David Bartels. Plaintiff, Vincent Rubino, was struck in rear by car driven by David Bartels. Rubino complained of soft tissue neck and back injuries. Rubino also claimed prostate surgery was caused by the accident and claimed $5,181.00 in additional bills for prostate surgery. Monsour Charkewycz, M.D. testified accident aggravated plaintiff’s prostatitis. Defense called two urologists. Defendants’ urologists discussed incidence and prevalence of prostatitis; that plaintiff demonstrated existence of chronic prostatitis which could not be exacerbated by any accident trauma. Plaintiff’s verdict $735.00.

Terese A. Connors v. Sauk Trails, Inc., no. 02 L 012171. Represented defendants. Terese A. Connors, tour director for Fancy Free Tours, Inc. fell backwards, hitting head breaking bus windshield when Sauk Trails driver stopped in traffic on west I-80/I-94. Defendant, returning from charter tour to and from Mackinaw Island, claimed small car cut in front of bus forcing bus to stop. Bus did not strike car. Plaintiff alleged cervical pain, lumbar pain with left-side sciatica, closed head injury with memory loss, post-concussion syndrome and exacerbation of vasovagal syndrome. Report from NeuroBehavior and Rehabilitation Network, Inc. found no significant cognitive impairment. Medicals $9,021.00; $12,000.00 lost income claim withdrawn. Defendants moved for summary judgment. See Motion for Summary Judgment. Defendants’ motion denied. Case tried through Circuit Court of Cook County mandatory arbitration program, before three person panel. Plaintiff argued bus driven too fast and bus driver inattentive, demanding arbitration limits of $30,000.00. Defendants argued no evidence of negligence and plaintiff barred from recovering under 735 ILCS 5/2-1116(c). Finding, not guilty. No offer post-arbitration. No arbitration rejection filed. Judgment on award.

Allied Gear & Machinery Company v. North American Van Lines, no. 92 L 08200. Represented Allied Gear & Machinery Company. Allied Gear & Machinery Company entered into a written contract with Cord North American Moving and Storage Company, whereby Cord would transport Allied Gear’s four Flexomaster printing presses from St. Louis, Missouri to the Pack-Expo show in Chicago, Illinois. Presses damaged in transit and valued in excess of $325,000.00. Bills of lading required Cord to return the presses after the show back to Allied Gear’s business in St. Louis, Missouri. While Cord delivered the presses to the Chicago trade show, Cord failed to redeliver the presses to Allied Gear’s business in St. Louis in violation of the bills of lading. Presses came into possession of Curtis and United Exposition Services without knowledge of Allied Gear. Defendants moved for partial summary judgment under 735 ILCS 5/2-1005(d) arguing 49 U.S.C. 14706(f), of Curtis Exposition Transportation, Inc.’s Tariff 400, Item 848, sufficient to limit liability to $2,000.00 per package ton. Plaintiff argued Allied Gear never negotiated with Curtis for any carriage, never received notification of declared value, or given reasonable opportunity to select levels of liability insurance. Defendants’ motion denied. Plaintiff allowed to recover full value of presses including damages for delay in transit. Case settled favorably.

Indemnity Insurance Company of North American a/s/o NCR Corporation v. NNR Air Cargo Service (USA), Inc., WACO Australia Pty., Ltd., Cathay Pacific Airways, Ltd., Dayton Freight Lines, Inc., and Concord Jet Express Delivery Service, Inc. d/b/a Concord Express , no. 00 C 1135. Represented Concord Jet Express Delivery Service, Inc. NCR Corporation, insured by Indemnity Insurance, manufactured computer storage systems. Computers given to NNR Air Cargo Service and WACO Australia Pty, Ltd. for transport by Cathay Pacific Airways, Ltd. for delivery from Hong Kong to Chicago. Parts cleared through customs. Concord Jet Express Delivery Service, Inc. picked-up computers. Computers given to Dayton Freight Lines, Inc. for transportation to Dayton, Ohio. Computers damaged in transit. NCR Corporation submitted $356,900.00 claim to American Indemnity Insurance, and American Indemnity subrogated. Concord Jet Express Delivery Service, Inc. sued under 28 U.S.C. 1332 and 49 U.S.C. 14706, as freight forwarder. Concord Jet Express Delivery Service, Inc. defended under 49 U.S.C. 14706 and 49 U.S.C. 40105, further arguing limitations of air way bill protected ground carriers. Tashio Marine and Fire Insurance Company a/s/o Hamai Machine Tools v. Maersk Line, Inc., 796 F.Supp. 336 (N.D., Ill., 1992). Concord Jet Express Delivery Service, Inc. established action untimely under 49 U.S.C. 40105 and 49 U.S.C. 14706. Prior to Fed. R. Civ. P. 56(b) motion for summary judgment, Concord Jet Express Delivery Service, Inc. settled for $2,000.00.

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).

Laurence Esposito v. Darrin Fulton and C & E Towing Service, Inc., a Dissolved Illinois Corporation , no. 99 L 10438. Represented Defendants. Defendants’ flatbed tow truck driving southbound on Cicero Avenue in Cicero, Illinois, preparing to turn left into gas station. Semi-truck driving northbound on Cicero Avenue in median lane yielded to defendants’ turning tow truck. As tow truck completed turn, tow truck collided with Laurence Esposito, driving northbound on Cicero Avenue in curb lane, behind semi-truck. Defendants two passenger/witnesses left accident scene before police arrival. Esposito sustained head, chest, shoulder injuries;L5-S1 herniation with later laminectomy. Plaintiff’s physicians attributed disc herniation and surgery to accident. $42,000.00 in medical; $20,042.81 in lost time from NFO Technologies. First amended complaint alleged negligence and negligent entrustment. $300,000.00 policy limits demand; case settled for $150,000.00.

The Winterbrook Beverage Group v. North American Water Group, Inc., no. 95 L 58. Represented The Winterbrook Beverage Group. Winterbrook Beverage Group of Seattle, Washington, entered into contract packer agreement, requiring North American Water Group to bottle La Croix Spring Water for The Winterbrook Beverage Group. Bottling activities to be conducted in Liberty, Illinois. Pursuant to the packer contract, North American Water Group began bottling and distributing the La Croix Spring Water. When North American Water Group’s first bottled water shipment arrived, Winterbrook Beverage Group noticed foreign particulate in the water, including algae and other fibrous material. Water was unsuitable for resale to the consuming public. Winterbrook Beverage Group recalled all water from its nationwide forty-eight distributors. The Department of Health and Human Services was notified of the recall. Department of Health and Human Services confirmed Winterbrook Beverage Group’s decision to recall. Recall no. F-404-4. Winterbrook Beverage Group could not sell La Croix water to the public, the water was collected and destroyed. Based on the recall approved by the Department of Health and Human Services, North American Water Group, Inc. paid large settlement to The Winterbrook Beverage Group.

Verita Quinn v. I & I Towing, Inc. and Kevin A. Dammons, no. 99 M6-5630. Defended I & I Towing, Inc. and Kevin A. Dammons. Verita Quinn involved in accident with Kevin A. Dammons, driver for I & I Towing, Inc. Dammons crossed center line, striking plaintiff’s van. Plaintiff sustained soft tissue injuries. Kevin A. Dammons fled scene and abandoned tow truck. Principal of I & I Towing, Inc, cited for obstructing police investigation and filing a false police report. Defendants admitted liability at trial and were successful in their motion in limine, which barred Plaintiff from introducing medical bills at trial. Plaintiff’s post-trial motion under 735 ILCS 5/2-1202 denied. Demand $28,000.00; $10,000.00 offer; $8,250.00 verdict.

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.

John Sykes v. Apollo Messenger & Delivery Service, Inc., no. 00 L 002649. Represented defendants. Driver for Apollo Messenger Service, delivering parts for Caterpillar, Inc., ran a stop light, broadsided plaintiff. Plaintiff struck driver’s side window. Plaintiff unconscious at scene, sustaining broken ribs, jaw, and dental injuries, requiring incisor extractions and titanium implants, left shoulder separation, and labral damage. Martin Saltzman, M.D. performed subacromial decompression to repair labral tear. Calcification on undersurface of acromium remained. Video surveillance on Plaintiff conducted. Post surveillance, Preston Wolin, M.D. performed second subacromial decompression, finding rotator cuff tear. Medical bills and lost income in excess of $135,000.00; case settled for $284,988.00.

Gertrude Marcus v. Duropave Construction Co., no 88 L 24746. Represented defendant. Seventy-two year old Gertrude Marcus slipped and fell in Old Orchard parking lot. Duropave Construction was performing repair work in parking lot. Plaintiff testified area where she fell was construction zone and no barricades or warning signs were posted. Plaintiff sustained right hip fracture and left shoulder dislocation. Dennis Danno of Duropave Construction admitted responsibility for placement of signs and barricades. Defendant moved for summary judgment arguing Marcus voluntarily undertook the risk of entering the construction area, the risk was open and obvious; further, that Marcus could not describe the construction defects, which caused her to fall. Summary judgment for defendant was granted.