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Representative Settlements & Verdicts

Not all cases may be published due to confidentiality clauses in the settlement contracts.  Where there is a large important defendant or a very big award the defendant’s are more likely to insist on confidentiality of the terms of the settlement.  Some of the very largest settlements obtained cannot be published due to confidentiality provisions in the settlement agreements.

 


Lopez v. Clean Harbors Environmental Services

Toxic Encephalitis from chemical exposure

The plaintiff was a waste hauler that came to the defendant's Calumet Harbor TSDF (Transfer Storage and Disposal Facility) to the fuel blending Pegasus Recycling operation to remove roll-off dumpsters containing up to 350 crushed drums which had contained numerous toxic chemicals which the defendant represented to be RCRA (Resource Conservation and Recovery Act) "empty."  The RCRA allows for up to one inch of the chemicals to remain in any fifty-five (55) gallon drum. The Illinois Environmental Protection Agency (IEPA) brought an action (see docket) against the defendant in before the Illinois Pollution Control Board (see complaint) alleging that the defendant was releasing volitile organic compounds (VOCs) from that operation.  According to the defendant's employee chemical handling manuals their own employees were required to wear Personal Protective Equipment (PPE) when handling these "empty" drums.  Some of the potential chemicals were extremely toxic.  According to the plaintiff's expert witness putting all of these drums, each of which could contain up to one and a half gallons of chemicals (one inch in the bottom of a 55 gallon drum is about 1.5 gallons liquid) created a "toxic witches brew" of chemicals that the plaintiff was exposed to every time he had to adjust his load and empty the roll-off dumpster at the dumpsite.  The plaintiff deveolped a very severe encephalitis causing him to permanently become paraplegic.  We contended that this was a result of the "toxic witches brew".  Clean Harbors had ceased the Pegasus operations prior to the time of the trial.  The defendants settled the case for a confidential amount.  After  the settlement was concluded the defendant brought a lawsuit against their former attorneys (see complaint) and against several insurers obtaining a substantial judgment against one of their insurers for indemnity (see order)

Malaker v. Helfrich

 

False Arrest & Imprisonment, Battery, Collection Practices

The defendant Helfrich while attempting to collect a business debt came to the plaintiff’s new Veterinary Hospital that was under construction.  During the course of the discussion the defendant prevented the plaintiff from leaving the place of business and made physical contact with the plaintiff to prevent him from leaving.  The plaintiff suffered an injury to his labyrinth in his inner ear requiring surgery.  The plaintiff suffered a permanent condition of imbalance and vertigo causing him great difficulty in performing his every day activities and his professional duties as a veterinarian.  A judgment was entered in favor of the plaintiff and against the defendant in the sum of $5,100,000.00 (10/2008 – Ogle County IL)

Cathy Ball v. Karen Komar and Cintas Corporation No. 2, et al.

Automobile - Motorcycle Collision/Accident (MVA) Intersectional - Defendant turning left

Injuries - crushed left leg, dislocated shoulder,...More Info   $3,150,000 (10/22/2003 - IL )

Marshall v. Donald Lyddon, Jr. and Lundholm Surgical Group, Ltd.

The plaintiff suffered a cervical cord compression at three levels with accompanying spinal stenosis and myelopathy that was misdiagnosed and treated as carpal tunnel syndrome...More Info   $1,200,000 (2/14/2005 - IL )

Carlson v. Tisovec, et al.

Medical negligence - Plaintiff suffered a CV a during the course of a right cervical (C5) hemilaminotomy, foraminotomy and removal of the intervertra...More Info   $1,010,000 (7/9/1997 - IL )

Young v. Young

Violence Against Women - Murder Threats - PTSD. The plaintiff brought her case under the Federal Violence Against Women Act for the defendant’s teleph...More Info   $1,004,000 (1/28/1999 - IL )

Anthony Downs v. Muhammad Nasseruddin, National Emergency Services, Inc., An Illinois Corporation, Highland Hospital Corporation, etal

Medical Malpractice -Failure To Diagnose (Delayed Diagnosis) - Slipped Capital Femoral Epiphysis (SCFE)

The plaintiff age 13 presented to the...More Info   $475,000 (8/1/2003 - IL )

Bowitz v. Kudilacik & Petry

Passenger - Motorcycle - Left Turn Oncoming Vehicle & Cell Phone - Motorcycle Driver Intoxicated.  The plaintiff Nancy Bowitz suffered sever fractures to her femur, radius and ulna requiring external fixation with internal placement of rods while riding as a passenger on a motorcycle. $475,000

Carlson v. McClintock

Drunk Driver Rear Ends Moped at Night – Torn ACL

The plaintiff Nathaniel Carlson was 17 years old at the time of the collision.  The defendant’s BAC was 0.148 at 12:41 almost two hours after the collision.  The defendant plead guilty to drunk driving paying only a small fine and was given a “deferred prosecution.”  The plaintiff suffered a complete tear of the Anterior Cruciate Ligament (ACL) and a grade 2 sprain of the (TCL, MCL) requiring surgical repair.  The total medical specials at the time of settlement were $20,457There was no wage loss as he was a student at the time of the collision and the initial surgery.  The case settled for $185,000. (7/30/2002 Iowa) More Info

Arney v. Porter

Operation of Circular Saw & Premises Liability - Partially Sawed Hand

The defendant Chad Porter injured the plaintiff on February 15, 1998, when...More Info   $110,150 (9/25/2002 - IL )

Wiegel v. Adams

Automobile collision - intersection. Plaintiff was proceeding through a green light when the defendant ran a red light striking the side of the plai...More Info   $100,000 (4/12/2002 - IL )

Krivitskie v. Cramlett

Rear end collision - Post Concussion Syndrome. The plaintiff Ruth Sonja Krivitski was stopped at a read light in the left hand turn lane waiting for ...More Info   $65,000 (1/14/1998 - IL )

Wiegel v. Levatino

Rear end collision causing fibromyalgia. The plaintiff claimed $6,652 in medical bills and $3,919 in lost wages. The wage loss claim was disputed....More Info   $49,000 (9/28/1998 - IL )

Clark v. Snowden

Plaintiff Passenger  - Single Car Accident Striking Fire Hydrant During Left Turn

The plaintiff was a passenger in a vehicle driven by the defendant.  While making a left turn at a high rate of speed in front of oncoming traffic the car left the roadway striking a fire hydrant.  The plaintiff suffered a fractured hand as a result of the collision requiring surgery.  The surgery was successful and the plaintiff had a good recovery.  At the time of the settlement the defendant was in the state penitentiary on an unrelated matter. $40,000 (11/28/2001 – IL)

Danielson v. Cacciatori & Cor Mariae Center (OSF Health System)

Nursing Home Negligence - This case involved an attack upon the plaintiff by another resident. The other resident struck the plaintiff around the head...More Info   $32,750 (5/19/1999 - IL)

Collins v. Amoco Oil et al

Premises Liability – Product Liability - Tripping Over Tire Hose The plaintiff fractured his ankle as he was running to his car and tripped over a compressed air hose that was lying on the ground. The defendant contended the condition was open and obvious and that the plaintiff was comparatively negligent for running in the gas station lot. The lease between Amoco and the station operator required the operator to keep the premises “including adjoining areas, alleys, and sidewalks, in a clean, safe and healthful condition.” The plaintiff contended that the compressed air dispenser was unreasonably dangerous because the hose did not automatically recoil and because the hose was the same color as the pavement. $Undisclosed amount (8/10/2004 - IL)

Scott v. State Farm Insurance Company (Uninsured Motorist)

Uninsured Motorist Passenger – This case involved Mr. Scott who was a passenger in a vehicle that collided with an uninsured motorist.  Although Mr. Scott did not have any automobile insurance or health coverage we were able to pursue a uninsured motorist claim under the policy of the driver of his automobile.  Mr. Scott suffered a displaced fracture of his right wrist including both the radius and ulna.  The case was settled for the policy limits of $100,000 plus an additional medical payments coverage of $5,000.00. (11/11/2008 – IL)

Estate of Tracy v. Govro & Smith

Boating collision – personal watercraft & speedboat – wrongful death

The adult sons of Rita Tracy brought a suit on behalf of her estate against the defendants Govro & Smith for a watercraft collision on the Rock River near Byron Illinois.  The deceased Rita Tracy was a passenger riding in one of the back seats of the speedboat operated by her boyfriend James Govro when the personal watercraft operated the defendant David Smith collided with the speedboat breaking the neck of Tracy and throwing her into the Rock River.  Govro and Smith had been horse playing on the river.  The speedboat was making “S” curves up and down the river so that the defendant Smith and another person riding a wave runner could jump the wakes created by Govro’s speedboat.  At one point in time for no explained reason Govro brought his speedboat to a stop and began to slowly make a left hand turn across the river.  Smith was looping back from having jumped the wake to prepare for his next jump.  As Smith was coming out of his turn he suddenly realized that the speedboat was now directly in the path of his wave runner and too close to avoid the collision.  Alcohol and marijuana were found in the speedboat.  The plaintiff Rita Tracy died instantaneously suffering little or no pain.  The defendant Govro asserted that the collision occurred through no fault of his own and that he had acted in a reasonable manner.  The adult sons of the deceased testified that they had a close relationship with their mother and would miss her companionship.  The defendant Govro asserted that the deceased never saw her sons and that he completely supported her and that she did not work and was an alcoholic.  The court found both defendants at fault in the collision and assessed the plaintiff’s damages at $200,000.00

Estate of Versack v. Swedish American Hospital

Medical Malpractice – Fall by Elderly Person – Hip fracture

This case was brought for Hospital and Nursing malpractice involving the fall of an elderly woman who had been brought to the hospital suffering from acute myocardial infarction.  She was placed upon multiple medications for her medical conditions including aspirin and Plavix, an anti-platelet aggregation drug.  The medications on which she was placed put her at a high risk of injury from falls as they would alter the blood level clotting times.  The hospital chart showed that nurses, who were employees of the defendant, found the plaintiff to be “confused, disoriented and agitated”

The hospital had a fall protocol in place requiring various safety measures to be implemented for persons who were likely fall candidates.  The hospital through its nursing staff determined that Mrs. Versack was a likely fall candidate and began institution of its fall protocol which included four point restraints and a posey jacket and having a sitter to be with Mrs. Versack when she was not being visited by friends and family.  The hospital failed to following protocol one night, failed to promptly diagnose and treat the fracture for more than fifteen (15) hours.  The hospital failed to report to Mrs. Versack’s husband and children the fact that she had fallen.  As a result of the fall the plaintiff was diagnosed hours later as suffering a basal neck intretrochanteric type fracture of her hip.  As a result of the injury Mrs. Versack suffered a loss of the ability to walk in a normal manner, in add to many other disorders that could have been limited, minimized or cured by proper diagnosis and treatment.  The defendant contended that the plaintiff was in very poor health prior to her fall.  The plaintiff died between the time of the fall and commencement of litigation.  The case settled for the total sum of $120,000.00. (Winnebago County IL 2004)

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