Three More Jury Trial Wins at Costello Legal

Costello Legal has just won three jury trials this winter, marking 10 wins so far for 2015 and a very successful year. Congratulations to all the attorneys and support staff who worked hard and made this possible!

2013-L-11132 (Illinois, Cook County)

The Plaintiff, a 48 year old special education coach, was involved in a low-speed rear end collision in Evanston, Illinois, and sued the car that struck him. Plaintiff insisted on taking the matter to trial, claiming $80,000 in damages including outstanding medical expenses, the need for future medical care, lost wages from the incident, and permanent injury to his lower back. Partner James Barrow, representing the defendant at trial, showed the jury that this low speed collision could not have possibly caused the damages the plaintiff claimed, which were all the result of a pre-existing medical condition and an intervening work related injury. The trial lasted 3 days and included 5 witnesses, including a treating physician, independent neurosurgeon, and a biomechanical engineer. After deliberating for 90 minutes, the jury returned a verdict in favor of the defendant.

2010-L-6503 (Illinois, Cook County)

After the Plaintiff, 39 year old health instructor, fractured her larynx while working out on a glute-ham machine, she filed suit against the gym, the manufacturer and the retailer. Prior to trial, Plaintiff settled with the manufacturer and retailer, leaving only her premises liability claim against Quad's Gym, Inc. Plaintiff requested $1.16 million at the end of a jury trial, including $130,000 in past medical bills, scarring and permanent changes to her voice. The trial lasted three and a half days and included eleven witnesses, including two laryngologists and one expert biomechanical engineer. For the defense, the team of Daniel Costello and Jessica Biagi fought zealously to deny fault and prove the defendant's affirmative defense of contributory negligence. Within 90 minutes, the jury returned a verdict of not guilty in favor of Defendant Quad's Gym, Inc.

2012-L-11088 (Illinois, Cook County)

The Plaintiff, a 53 year old nurse, fell while roller skating backwards in a roller rink, resulting in a fractured wrist that required surgery. She claims her fall was caused by an object on the ground, and filed a premise liability and negligence claim against the roller rink for failure to maintain and inspect the floor of the roller rink. The trial lasted three days and included seven witnesses. At the end of trial, Plaintiff asked for $125,000. Jessica Velez from Daniel P. Costello & Associates vigorously defended the roller rink and made it clear not only that Tinley Park Roller Rink properly supervised and maintained the roller rink, but also it was not possible the object on the floor could have caused the plaintiff's fall. After only 40 minutes of deliberation, the jury agreed and returned a complete defense verdict.