Loughery v. Defendant Truck Manufacturer

July 2007, Circuit Court of DuPage County, Illinois (Elsner)
Client: Leading Truck Manufacturer
Trial Counsel: L. Michael Tarpey
Outcome: Summary Judgment Granted in Favor of Defendant

Synopsis: The plaintiff claimed breach of an employment contract and a right of first refusal to purchase a leading truck manufacturer's dealership should the dealership ever be sold to a third-party. Plaintiff was the general manager of the facility and alleged he was frozen out of any deals. After taking over twenty depositions, defense filed a motion for summary judgment based on the fact that the contract, and specifically the right of first refusal was unenforceable because it was too vague as it failed to provide a method to determine price. Defense also argued that plaintiff never attempted to assert his rights. Plaintiff was seeking $11 million in damages and refused to negotiate in advance of the Court's ruling. Judge Elsner of DuPage County granted summary judgment in favor of the defendant on all counts. The matter is currently on appeal in the Second District Appellate Court.

Andreescu v. Defendant Over the Road Truck Driver

July 2007, Circuit Court of Cook County, Illinois (Cepero)
Client: Defendant Over the Road Truck Driver
Trial Counsel: Bryan J. Kirsch
Outcome: Defense Verdict

Synopsis: Plaintiff alleged that she sustained neck and shoulder injuries when an over the road truck driver negligently made a right hand turn from the center lane, clipping the plaintiff's vehicle and dragging her through the intersection. Defense argued that plaintiff's version of the accident was physically impossible and that plaintiff attempted to turn inside of the truck and collided with the right rear tire of the tractor trailer. The jury returned its verdict in a little less than an hour.

December 2006, Northern District of Illinois (Judge Posner)
Client: Raymond Cesca
Trial Counsel: J. Kent Mathewson and Jennifer M. Zlotow
Outcome: Judgment in Favor of Defendant Commercial Client

Synopsis: After a week of trial before Judge Richard Posner, sitting by designation in the Northern District of Illinois, a verdict was returned in favor of the firm’s commercial client represented by J. Kent Mathewson and Jennifer M. Zlotow. This interesting case involved allegations of breach of fiduciary duty, interference with a business relationship, seizure of a corporate opportunity, and breach of contract. The case had begun as a jury trial and immediately before closing arguments, because of some perceived juror misconduct, the jury was discharged and the case concluded as a bench trial before Judge Posner. The plaintiff had sought $20 million dollars in damages. In a twenty-four page written opinion, Judge Posner found that the plaintiff had failed to prove any of the allegations and entered judgment in favor of the defendant on all claims.

Julian Chiola v. Jiffy Lube International, Inc., et al.

December 2005, Circuit Court of Cook County (Judge Varga)
Client: Jiffy Lube International, Inc.
Trial Counsel: Anthony M. Pinto
Outcome: Defense Verdict

Synopsis: On December 16, 2005, Anthony M. Pinto received a defense verdict for the firm's client, Jiffy Lube International, Inc., in Cook County, Illinois.

On July 25, 2000, plaintiff was working as a commercial painter at a Jiffy Lube in Chicago, Illinois. Plaintiff was painting the interior bay walls on a 24-foot extension ladder when he fell to the concrete floor. Plaintiff claimed that Jiffy Lube was negligent in failing to properly clean the concrete floor of an oily residue, causing plaintiff's fall.

Plaintiff sustained a fracture to his right cheekbone and a comminuted fracture of his right distal radius into the joint space. The injury to his right distal radius required surgical intervention involving open reduction and internal fixation. Plaintiff contended that the fracture to his distal radius resulted in permanent loss of approximately 50% of his right wrist range of motion as well as ongoing pain and strength deficits.

Jiffy Lube contended that plaintiff failed to meet his burden of proof to show that an oily residue caused the ladder to slip. Jiffy Lube further contended that even if an oily residue was present, plaintiff's contributory negligence was the primary cause of his fall. Jiffy Lube finally argued that plaintiff failed to mitigate his damages by complying with the recommendations of his treating physicians and therapists. The jury agreed with Jiffy Lube after deliberating for just under 2 hours.

Schury v. Chicago Housing Authority

December, 2003 Circuit Court, Cook County, Illinois
Client: Chicago Housing Authority
Trial Counsel: Norman J. Barry, Jr., Stetson F. Atwood
Outcome: Defense Verdict (Bench Trial)

Synopsis: Plaintiff was working inside a high voltage vault on Chicago Housing Authority (CHA) property. Plaintiff claimed that a rat inside the vault caused an arc flashover that resulted in an electrical explosion that burned Schury over 60% of his body. The plaintiff alleged that the CHA was responsible because of well known rat infestation problem. The defense contended that the CHA had neither access to nor control of the vault and could not have prevented rats from entering. The defense also argued that they could not have prevented rats from coming onto its property from other nearby building and that it was unreasonable to impose such a duty. The plaintiff asked for damages of $3 Million. In a bench trial, the court found for the CHA, ruling that the CHA had no duty to assure safety in equipment provided by plaintiff's employee and that plaintiff failed to prove proximate causation.

American Samoa Government v. Affiliated FM Insurance Company

May - September, 1995; Superior Court, Los Angeles County
Client: American Samoa Government
Trial Counsel: Norman J. Barry, Jr.
Outcome: $86.7 million verdict for the American Samoa Government

Synopsis: In December 1991, Hurricane Val struck the U.S. Territory of American Samoa, causing widespread devastation to American Samoa Government property. A claim under American Samoa Government's property insurance policy was subsequently denied based upon a purported exclusion of damage caused by "wind-driven water." The case was tried in Los Angeles between May 28 and September 25, 1995. The jury returned a verdict finding that the defendant insurer had breached the insurance policy and was guilty of bad faith. The jury awarded $28.9 million constituting the unpaid policy benefits, and $57.8 million in punitive damages. On appeal, the $28.9 million compensatory award and post-judgment interest were affirmed and punitive damages were found to be justified. Following an additional appeal and settlements, American Samoa collected a total of $118 million.

Bostick, et al v. County of DuPage v. J.A. Jones Construction Co

October - December, 1994; Circuit Court, Cook County, Illinois
Client: J.A. Jones Construction Co.
Trial Counsel: Robert W. Smyth, Jr.
Outcome: Defense Verdict; Verdict in favor of client in counterclaim against DuPage County

Synopsis: Mr. Smyth defended the target general contractor in this well-publicized action, the first "sick-building" case tried in Illinois. The case involved two essential claims: a mass tort claim by 130 building occupants and a multi-million dollar economic loss claim by the building owner, the County of DuPage. The jury found in favor of the general contractor on all primary claims tried and awarded the entirety of the claimed final payment sought in a counterclaim against the building owner.

Novak v. Hamilton Beach-Procter Silex

October, 2001; Circuit Court of Iroquois County, Illinois
Client: Hamilton Beach-Procter Silex
Trial Counsel: John A. Krivicich
Result: Favorable Settlement

Synopsis: Plaintiff claimed that a defect in a toaster shut-off mechanism caused the destruction of an historical home and its contents and sought damages of $440,000. Following jury selection, the case was settled for $2,500.

Smart v. Peterson, consolidated with State Farm Insurance Company v. Peterson

March, 2002; Circuit Court, Cook County, Illinois
Client: Ford Motor Company
Trial Counsel: Anthony Pinto
Outcome: Defense Verdict

Synopsis: Plaintiff Jovetta Smart’s car was rear-ended by Jack Peterson, who was driving a vehicle leased to him by his employer, Ford Motor Company. Mr. Peterson contended that a sudden lane change by Ms. Smart was the sole proximate cause of plaintiff's claimed injuries and damages. Plaintiff claimed medical expenses, lost wages and pain and suffering resulting from lower back injuries, including an annular tear. State Farm Insurance Company sought reimbursement for medical bills and automobile repair bills paid on behalf of Jovetta Smart. The jury returned a verdict for the defense.

Lejman v. J.A. Jones Construction Co.

September, 1995; Circuit Court, Cook County, Illinois
Client: J.A. Jones Construction Co.
Trial Counsel: L. Michael Tarpey
Outcome: Defense Verdict

Synopsis: Plaintiff, a 32-year-old building engineer, alleged violations of the Illinois Structural Work Act for failure to tie-off an extension ladder in accordance with OSHA standards. When plaintiff was working on an extension ladder allegedly owned by defendant, J.A. Jones, the ladder pushed away from the wall causing plaintiff to fall 15 feet. Plaintiff sustained comminuted fractures of his heel and ankle, requiring a fusion and incurring $135,000 in medical expenses. He was unable to return to work as a building engineer. Plaintiff sought almost $3 million. The jury returned a defense verdict.

Furlow v. Ford Motor Company, et al

May, 1997; Untied States District Court for the Southern District of Illinois
Client: Ford Motor Company
Trial Counsel: John A. Krivicich
Outcome: Defense Verdict

Synopsis: A plant worker for a component part supplier to an automotive manufacturer claimed that a design defect in shipping racks used to ship bumpers to the manufacturer caused spinal injury, resulting in leg paralysis and "dropped" left foot. Based in part on medical bills and lost income allegedly exceeding $1 million, plaintiff sought $4 million. The jury returned a defense verdict.