Troy Lundquist and Anastasia Hess successfully tried and defended a medical malpractice claim. They defended an orthopedic surgeon who was alleged to have improperly treated a distal tibial/fibula fracture in a sixty-nine year old man. After a week of trial testimony, the jury returned a verdict in favor of the Doctor.
Commercial Litigation – Obtained Complete Dismissal of Negligence Action in Trial Court and Successfully Argued Case on Appeal
Steve Johnson was retained by an aerospace company charged with negligence in causing approximately $1 million dollars in property damage as a result of a fire. Steve’s knowledge of insurance law and negligence were essential to presenting a motion to dismiss before the trial court that eliminated all the claims brought against the commercial client. Undaunted by the defeat in the trial court, the Plaintiff appealed the decision. At oral argument, Steve clearly and persuasively answered the questions from the appellate panel who returned a unanimous decision in favor of the firm’s client.
Plaintiff fractured her right ankle on a slip and fall on ice outside of defendant’s grocery store, resulting in scarring and significant medical bills. In defendant’s motion for summary judgment, Attorney Michael Radak argued that there was no evidence that accumulation of snow and ice was anything other than a “natural accumulation” for which the premises owner could not be liable. Summary judgment was entered in favor of defendant.
Plaintiff alleged that the dairy equipment was defective – and sued the manufacturer based on negligence, contribution, breach of contract and contractual indemnity. Plaintiff sought damages in excess of $300,000. Mohammed Nofal filed a Motion to Dismiss on behalf of the dairy equipment manufacturer – and the court granted the motion. The case involved issues related to both Texas law and Illinois law.
An Indiana court dismissed a defamation lawsuit filed by a former student against his school and its administrators. The motion to dismiss was filed by Bill Weiler and John Masters, two of the firm’s Indiana attorneys. The court ruled that the statements were not defamatory under Indiana law and dismissed the case with prejudice, meaning that the plaintiff was barred from refilling the lawsuit.
Steve Johnson and Chris Dunsing were retained to represent a southern Illinois car dealership sued for odometer fraud, breach of warranty and violation of the Illinois Consumer Fraud Act. Understanding the risks associated with attorney’s fees awarded in consumer litigation and having identified an issue of proof that potentially would complicate the Plaintiff’s case against another defendant, Steve and Chris immediately negotiated a nuisance value settlement with the Plaintiff before the co-defendant filed a cross-claim against the firm’s client. After achieving a quick and favorable dismissal of the Plaintiff’s claims, Steve and Chris completed the limited discovery needed to prepare and argue a motion for summary judgment on behalf of the dealership. This excellent result saved the client thousands of dollars in defense cost and prevented the risk of trial.
Plaintiff slipped and fell on stairs at defendant’s church. Plaintiff believed that she fell on rainwater and claimed that the stairs did not comply with city codes regarding handrails. Plaintiff suffered a broken hand requiring surgery, with over $40,000 in medical bills. In defendant’s motion for summary judgment, Attorney Michael Radak argued that plaintiff could not specifically point to any negligence of the defendant as being the proximate cause of her injuries. Summary judgment was entered in favor of defendant.
Plaintiff filed suit for damages and specific performance for dealership’s failure to deliver unique automobile. Mohammed Nofal filed a Motion for Summary Judgment. The court agreed with the Motion and entered judgment in favor of the dealership.
De minimis deviation in sidewalk maintained by homeowner’s association leads to nuisance-value settlement.
Mohammed Nofal represented a homeowner’s association in a bodily injury claim. Plaintiff alleged to have tripped and sustained injuries as a result of a two-inch deviation in the sidewalk. A motion for summary judgment was filed. Prior to the hearing on the motion, Plaintiff accepted a nominal settlement offer.
Steve Johnson and Stacy Shelly brought an action on behalf of a minority shareholder against the majority shareholder for his violation of the By Laws with regard to the sale of the business to an outside party. Steve and Stacy needed to obtain and then decipher a multitude of disorganized and often complex banking and other accounting records to convince the majority shareholder that his chances of success at trial were small and a settlement was reached to resolve the matter short of trial.