Summary Judgment in favor of grocery store for fall on “natural accumulation” of water

Plaintiff slipped and fell on water on the floor of defendant’s store and suffered a torn ligament in her right ankle, resulting in significant medical bills, and claims of permanent disability and scarring.  The fall occurred near the front of the store and it had been raining earlier that day.  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.

Restrictive Covenant of Employment Eliminated in with Prior Employer as Part of Separation Agreement

Steve Johnson was retained by a successful sales executive in the e-commerce and banking sector who sought to leave his current employer to work for a potential competitor of his prior employer.  The prior employer was seeking to “under pay” the severance for the sales executive under a threat of litigation to enforce the restrictive covenant contained in the employment contract signed by the firm’s client upon joining the prior employer.  Steve was able to obtain a fair and reasonable severance payment for his client, but even more importantly for the client, Steve was able to negotiate the language in the Separation Agreement which allowed the client to join the potential competitor without the risk of being sued for violation of the restrictive covenant signed with his prior employer.

Obstetrician not Liable for Death

Suzanne Favia Gillen and Michelle Paveza successfully tried and defended a medical malpractice claim pending in WinnebagoCounty.  They defended an obstetrician/gynecologist in a case involving the death of a 32-year-old woman after a c-section performed by the Doctor.  After five days of trial, the Plaintiff requested an award in the amount of $3.8 million.  The jury returned a verdict in favor of the doctor in less than 90 minutes – finding that the doctor did not violate the standard of care in treating the decedent.

Court holds store not liable for slip and fall on paper

Plaintiff slipped and fell on a piece of paper on the floor of defendant store’s produce department.  Plaintiff suffered a torn rotator cuff with approximately $42,000 in medical bills.  Plaintiff’s demand was $400,000.  In defendant’s motion for summary judgment, Attorney Michael Radak argued that there was no evidence that the store caused the paper to be on the floor, nor did it have actual or constructive notice of its presence.  Summary judgment was entered in favor of defendant and upheld on appeal.

Complex Multi-State Janitorial Services Contract Negotiated with Management Company for Shopping Malls

Steve Johnson was retained by a Janitorial Services Company to assist with its contract negotiations with a large property management company that oversees shopping malls throughout the country.  When the property management company sought to breach the agreement, Steve was retained to resolve the dispute which resulted in a new contract being agreed upon between the parties which expanded the services provided by the janitorial services company, included provisions to protect the client in the event its union workforce obtained additional compensation during collective bargaining talks during the term of the agreement, and reduced liability risks to the janitorial services company by incorporating specific insurance-related provisions in the contract.

Orthopedic Surgeon not Liable for Death

Troy Lundquist and Anastasia Hess successfully tried and defended a medical malpractice claim pending in WinnebagoCounty.  They defended an orthopedic surgeon in a case involving the death of a 69-year-old woman after ankle surgery.    Plaintiff’s estate alleged that the surgeon failed to prescribe pharmacological anti-coagulation.  The jury returned a verdict in favor of the doctor.

Commercial Litigation – Arbitration Win for Client

Steve Johnson successfully defended a commercial client at arbitration from a claim for breach of contract which also sought substantial damages in the form of attorney’s fees and costs incurred following the tender of the claim from the plaintiff bank to the firm’s client.  Steve and Chris Dunsing analyzed the contract between the parties and identified defenses to the claims of breach which resulted in an award being entered in favor of our client at the arbitration.  In the underlying tendered claim, Steve and Chris were able to quickly and successfully resolve the initial claim against the bank for a nuisance settlement of $1,500 in lieu of incurring the costs of trial.  All in all, a fantastic result was achieved on behalf of the firm’s client.

Fall from loading dock results in defense award

Plaintiff, a delivery driver, fell off a loading dock at defendant’s grocery store when the dock plate gave way.  He suffered numerous arm and back lacerations, requiring stitches and leaving numerous scars on his arm and back.  Plaintiff incurred $3,071 in medical bills, $5,500 in lost time from work, and made claims for permanent scarring.  Plaintiff’s counsel requested an award in excess of $25,000.  Attorney Michael Radak successfully defended the matter, with an award in favor of the defendant and against the plaintiff.

Partnership Dispute Results in Win at Trial, Plus Attorney’s Fees Award

Steve Johnson successfully tried a breach of contract dispute between partners from a trucking company in CookCounty.  Following a four-day trial which resulted in complete vindication of the firm’s client, Steve presented the firm’s petition for fees which was granted by the court.

Court finds no notice to defendant store for slip and fall on tomatillo

Plaintiff claims she was injured when she slipped on a tomatillo on the floor of defendant’s grocery store.  Plaintiff suffered a hamstring tear in her right leg, resulting in $28,000 in medical bills and a wage loss of $43,000 from time lost as a claims examiner for the U.S. Department of Labor.  In defendant’s motion for summary judgment, Attorney Michael Radak argued that there was no evidence that the store caused the tomatillo to be on the floor, nor did it have actual or constructive notice of its presence.  Summary judgment was entered in favor of defendant and upheld on appeal, both of which were successfully argued by Mr. Radak.