Defense of Utility Yields Favorable Resolution of Claims by Multiple Municipalities

Steve Johnson and Stacy Shelly have successfully resolved a multi-municipality law suit against a utility claiming failure to collect and remit taxes owed to municipalities.  In addition, Steve and Stacy have used their understanding of the Local Taxpayer’s Bill of Rights to successfully resolve many other claims by municipalities prior to suits being filed.  By proactively working with the client to identify issues early in the process and aggressively defending the utility, Steve and Stacy have saved the firm’s client substantial litigation costs.

Church Pastor Not Liable for Defamation

A Cook County judge granted a motion to dismiss filed by Bill Weiler, John Masters, and Kyle Lewis and threw out a defamation lawsuit filed against a church pastor arising out of a dispute between the pastor and a former church leader and member. The plaintiff had alleged that the pastor had defamed him after removing the plaintiff from his leadership position with the church. The court barred the plaintiff from refilling the defamation claim.

Repair Garage not liable for theft of customer’s ATVs

Plaintiff transported his ATVs to defendant’s garage for repairs. They were stored in a locked, secure and well-lite area. Overnight, the garage was vandalized and the ATVs stolen. Plaintiff filed suit against the garage owner. After a bench trial, the Judge agreed with Mohammed Nofal’s position that the theft did not occur as a result of the garage owner’s negligence; additionally the force majeure clause in the repair order limited liability. Verdict was entered in favor of Mohammed’s client.

Contest “Winner” Sues and Loses Consumer Fraud Case to Firm Client

Steve Johnson and Chris Dunsing represented a car dealership that ran a contest in association with the Chicago Auto Show where customers had the chance to win a new car by correctly matching three sets of numbers.  The Plaintiff claimed he matched the winning numbers and sued the dealership and the automobile manufacturer under the Illinois Consumer Fraud Act and other negligence theories when the firm administering the contest determined that the Plaintiff could not be certified as the winner.  Steve and Chris quickly obtained the affidavit of the necessary party from the contest administrator and completed the deposition of the Plaintiff so that a summary judgment motion could be heard.  While the manufacturer joined in the motion filed by Steve and Chris, only the firm’s client was successful in being granted summary judgment saving the client thousands of dollars in legal fees as the Plaintiff took the matter to trial against the manufacturer.

Mistake, rather than misnomer, in naming proper defendant leads to dismissal

Plaintiff sued the wrong corporate entity, and did not seek leave to amend her complaint until after the statute of limitations expired.  Attorney Michael Radak defended the case and was successful on another dispositive motion in favor of the defendant. Despite sharing a corporate office and a registered agent, the Court held that plaintiff’s naming the wrong entity was a mistake and not a misnomer, and the case was dismissed with prejudice.

Summary Judgment in Insurance Coverage Dispute Saves Insurance Client

Steve Johnson and Chris Dunsing were retained shortly after an automobile accident resulting in the death of a pedestrian, multiple other personal injuries and several property damage claims caused by a driver alleged to be under the influence.  The driver was the son of the vehicle owner and had his own vehicle, but he chose to drive his mother’s car on the date of the incident.  After reviewing the mother’s policy and the policy for the son’s vehicle, Steve and Chris recommended that the insurance carrier deny coverage and file a declaratory judgment action seeking to affirm that the mother’s policy did not provide coverage for the accident at issue.  After deposing the driver at the jail where he was awaiting trial and the mother of the driver, Steve and Chris prepared a motion for summary judgment and successfully argued that there was no coverage available under the mother’s policy of insurance.  The highly contested matter was litigated by the attorney for the estate of the pedestrian who was tragically killed in the accident.

Church Knocks Out Kung Fu Claim

Bill Weiler and Kristen Cemate were successful in convincing a Cook County judge to grant a motion for summary judgment they filed on behalf of a church. The plaintiff, a participant in a kung fu exhibition held on the church’s property, had alleged that she was injured due to the church’s failure to provide a safe location for the exhibition. The court agreed with Mr. Weiler and Ms. Cemate that the church did not owe the plaintiff a duty of care and dismissed all of the plaintiff’s claims against the church.

Trip and Fall award in favor of grocery store

Plaintiff tripped on “debris” entering the defendant’s grocery store, resulting in a sprained right ankle.  An award was entered in favor of the defendant and against the plaintiff.

Spontaneous Combustion at Bar Damages Client’s Business and Property

Steve Johnson and Chris Dunsing obtained a substantial recovery for the insurance carrier of an insured whose business and property were damaged when a fire, most likely caused by improper storage of stain-soaked rags, ignited in the adjacent bar which was being renovated.  The recovery from both the general contractor and the painting contractor was obtained without the need to initiate a lawsuit based upon the investigation performed by Steve and Chris as well as the detailed damages package assembled and sent to the insurance carriers for the responsible parties.  The recovery shows the value of retaining counsel as soon as possible following a fire to investigate the claim.

Failure to Timely Serve Doctor Results in Dismissal

Suzanne Favia Gillen and Michelle Paveza were granted dismissal with prejudice of Doctor from medical malpractice lawsuit pursuant to Supreme Court Rule 103(b) for Plaintiff’s failure to timely serve the Doctor after an almost 6 month delay in issuing and placing the Summons and Complaint for service.  The decision was affirmed on appeal.