Ten CGW Attorneys Selected as 2024 Superlawyers!

Costello Ginex & Wideikis has just had ten attorneys recognized by SuperLawyers as top rated Illinois attorneys in 2024 due to their outstanding achievements representing their clients over the past year. Congratulations to all those selected!

Partners Gregory V. Ginex, Dan Costello, and Jim Wideikis (from left), all of whom were selected as SuperLawyers for 2024

2024 Illinois Super Lawyers

Daniel Costello: Construction

Gregory V Ginex: Personal Injury Defense

Jim Wideikis: General Litigation

Michael P Turiello: Civil Litigation (Defense)

2024 Illinois Rising Stars

Ashley Koda: Personal Injury matters

Chloe Polo: Construction

Jessica Biagi: Civil Litigation (Defense)

John Dark: Civil Litigation (Defense)

Shipra Mehta: Personal Injury matters

Brittney Frederick: Transportation

Jessica Biagi and Chloe Polo Honored by JVR for Outstanding Defense Verdict in Premises Case

Congratulations to Jessica Biagi and Chloe Polo who were honored by Law Bulletin Media and the Jury Verdict Reporter (JVR) for Trial Lawyer Excellence for Outstanding Defense Verdict in a Premises Case.

For more information about the case in question see post here: Jessica and Chloe Earn Full Defense Verdict for Soccer Facility despite $2.8 Million Demand at Trial

Jessica and Brittney win MSJ in Premises Liability matter on issue of duty to repair a sidewalk

20-L-454 (Will County, Illinois)

Brittney Frederick and Jessica Biagi won summary judgment on a case involving a trip and fall in a shopping plaza in Will County. Plaintiff was an older woman who claimed she was walking from the parking lot into a liquor store when she tripped over an unmarked height differential on the sidewalk. Plaintiff sustained a shattered/fractured wrist requiring two surgeries, and then filed suit against the shopping plaza and the liquor store. Jessica and Brittney defended the liquor store on behalf of CGW.

Plaintiff initially made a settlement demand to both Defendants totaling $300,000, but Brittney and Jessica didn’t believe their client owed any duty to maintain the sidewalk. They moved for summary judgment on behalf of their client, arguing that the terms of the lease between the liquor store and shopping plaza put the responsibility of sidewalk repairs squarely on the plaza, not on their client. Because of this, the liquor store owed no duty to Plaintiff. They further argued that any responsibility that the liquor store took on voluntarily, like shoveling or sweeping the sidewalk, did not create a duty to repair the sidewalk.  

Plaintiff argued that the liquor store still owed a duty to provide a safe ingress and egress to Plaintiff because she was a business invitee, and this was enough to establish a duty on the part of the liquor store. The Judge agreed with Brittney and Jessica, and believed that any duty to Plaintiff was owed solely by the shopping plaza, and dismissed the liquor store from the suit.

Three Defense Verdicts Within Three Months for Jessica Biagi

The firm is happy to report that Partner Jessica Biagi is on a winning streak in Cook County! From February 28, 2022 to May 20, 2022, Jessica tried three cases before three separate Cook County juries. All three trials resulted in a not guilty verdict. This last trial marked Jessica's sixth not guilty verdict in a row and twelfth not guilty verdict in her career (out of 14 jury trials).  

The first trial was a premises liability case involving a 250lb gate that fell off the wall and landed on a five-year old boy at an indoor soccer facility. The Plaintiffs retained a forensic engineer, who opined that the facility should have implemented a preventative maintenance program to discover deterioration in the concrete that caused the anchors to fail. Plaintiffs asked for more than $2.8 million at trial related to a femur fracture requiring two surgeries, ongoing post-traumatic stress disorder, subsequent hospitalizations and a loss of future earning capacity.  

The second trial involved a snow removal contractor. The plaintiff slipped on ice and claimed that the contractor failed to properly salt and plow the snow after the last weather event. The plaintiff asked for more than $2 million at trial related to a left ankle fracture, permanent limitations walking, and six years of lost wages. 

The third trial involved a no contact collision. The plaintiff claimed the defendant failed to stop, impeded his path of travel, and caused him to lose control of his motor scooter and crash into the side of the road. The plaintiff asked for more than $1.5 million at trial related to a humerus fracture requiring internal fixation, multiple fractures to the left midfoot requiring external fixation, and claims related to permanent limitations. 

In each trial, Jessica persuaded the jury that her client was not at fault and returned a full defense verdict sending the plaintiff home with nothing. 

Jessica and Chloe Earn Full Defense Verdict for Soccer Facility despite $2.8 Million Demand at Trial

2018-L-6481 (Cook County, Illinois)

CGW was retained to defend an indoor soccer indoor soccer facility. facility in a premises liability case involving a 250lb gate that fell off the wall and landed on a five-year old boy. The Plaintiffs retained a forensic engineer, who opined that the facility should have implemented a preventative maintenance program to discover deterioration in the concrete that caused the anchors to fail. Plaintiffs asked for more than $2.8 million at trial related to a femur fracture requiring two surgeries, ongoing post-traumatic stress disorder, subsequent hospitalizations and a loss of future earning capacity.  

Attorneys Jessica Biagi and Chloe Polo took the case to trial, and showed that there was no way the sports facility could have notice of any defective condition in the gate. After deliberating for less than 80 minutes, the jury agreed and awarded a full defense verdict to the soccer facility.

Jessica Wins Another Defense Verdict in Defense of Soccer Facility Following $2.8 Million Demand

2018-L-006481 (Cook County, Illinois)

Jessica successfully defended an indoor soccer facility after a 250 lb gate fell off the wall and landed on a five-year old boy. The Plaintiffs retained a forensic engineer, who opined that the facility should have implemented a preventative maintenance program to discover the deterioration in the concrete that caused the anchors to fail. The Plaintiffs also argued that the facility was negligent in failing to properly inspect, maintain, and repair the premises.

The five-year old suffered a femur fracture requiring two surgeries. Plaintiffs further claimed that the five-year-old suffered from ongoing post-traumatic stress disorder, which caused emotional distress, two subsequent hospitalizations, permanent limitations, and a loss of future earning capacity. Plaintiffs asked for more than $2.8 million at trial.

Jessica represented the soccer facility and argued that the facility was not negligent, that the facility did not have notice, and that the father shared fault for failing to properly supervise the minor. Jessica further maintained that the minor did not suffer from PTSD and that any ongoing issues were related to his pre-existing condition, and not to the incident at the facility. After hearing from 13 witnesses over a 6-day trial, the jury agreed that the facility was not negligent and returned a full defense verdict. This marks Jessica’s 10th trial earning a complete defense win for her client.

Three Costello Legal Attorneys Recognized for 2021 "Super Lawyers" List

Three attorneys at Costello Legal have been recognized in the 2021 list of "Super Lawyers": Jessica Biagi and Shipra Mehta were both selected as “Rising Stars” and Dan Costello was selected as a 2021 Super Lawyer. Congratulations to all three for being recognized for your hard work!

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Dan Costello, Super Lawyer 2021

Jessica Biagi, Rising Star 2021

Shipra Mehta, Rising Star 2021

“Eggshell Plaintiff” Falls at Funeral, Jury Weights Fault Between Wobbly Handrail and High Heels

2017-L-883 (Illinois, Cook County)

A 27 year old plaintiff filed a premises liability claim against a fraternal organization arising out of injuries the plaintiff allegedly sustained after falling down stairs on the defendant's premises and suffering an ankle fracture. Plaintiff alleged that a loose handrail caused her to fall. Plaintiff underwent an initial surgery and a subsequent hardware removal surgery. She further claimed that she suffered blood clots, including a pulmonary embolism, as a result of the occurrence and was required to be on blood thinners for the rest of her life.

Jessica Biagi vigorously defended the fraternal organization over the course of a 6-day trial, where over 12 witnesses were presented including the surgeon, three hematologists, and the physical therapist. Plaintiff presented three post-occurrence witnesses who testified that the handrail moved one to three inches in each direction. Additionally, Plaintiff called an architect who opined the handrail was unsafe and violated applicable building codes as well as a hematology expert who opined that the blood clots and need for lifelong medication was related to the occurrence. Plaintiff asked for a verdict in the amount of $1,520,031.12.  However, Jessica made the case that the handrail did was not the cause of Plaintiff's fall, and within only one hour of deliberation, the jury agreed and returned a full defense verdict.

Successful Defense of Childcare Facility in Jury Trial

2016-L-001439 (Illinois, Cook County)

Plaintiff, a 6 year old child was playing on the monkey bars at preschool and fell off, injuring herself. Plaintiff brought suit against the childcare facility, alleging negligent aid, negligent supervision, premises liability, and reimbursement under the Family Expense Act. Specifically plaintiff alleged that the childcare facility allowed too many children on the playground at the same time and didn’t have enough staff, and ultimately took the case to trial. Jessica Biagi, defending the childcare facility, showed the facility itself was not negligent, and they not only followed all required regulations regarding staffing but in fact were following even more stringent voluntary regulations with a smaller ratio of children to staff. Ultimately, Jessica showed the jury that sometimes children running around on a playground simply fall down, and while unfortunate it does not indicate negligence on the part of the facility. Ultimately the jury agreed that there was nothing the facility could have done to prevent the injury and returned a full defense verdict after two hours of deliberation.

Continued 2016 Success with Two More Trial Victories

Daniel P. Costello & Associates is continuing a very successful 2016 with two more complete defense verdicts at trial. Combined, these plaintiffs asked for nearly $1.5 million at trial.

Jones v. West Cook YMCA

The 68 year-old Plaintiff broke her wrist when she slipped and fell on a pool deck. Plaintiff retained a parks and recreation expert with over 40 years of experience to contend that the West Cook YMCA was negligent in eight different ways. Among other allegations, Plaintiff argued that the defendant should have installed rubber mats, abrasive stripping, or handrails on the pool deck. After six witnesses testified over four days, Plaintiff requested nearly $400,000.00 in damages. For the defense, Jessica Biagi from Daniel P. Costello & Associates, LLC, fought zealously to deny fault and prove the Defendant's affirmative defense of contributory negligence. Both YMCA employees and a professional engineer testified that the floor was sufficiently slip-resistant and reasonably safe. Within fifteen minutes of deliberation, the jury returned a complete defense verdict.

Sustek v. First Choice Landscaping

After the Plaintiff, a 53 year semi truck driver injured his knee after falling into a 10" x 10" hole in the parkway while removing fallen leaves, he filed suit against Peoples Gas, Northern Pipeline, Jacobs Engineering, and First Choice Landscaping. Prior to trial, Plaintiff settled with all the other entities, leaving only the premises liability claim against First Choice Landscaping. Plaintiff requested $1,081,110.05 million at the end of a jury trial, including $83,527 in past medical bills, $9,436 in lost wages and future medical for a possible knee replacement. The trial lasted 8 days and included fifteen witnesses, including three experts, one of which was an expert in soils. For the defense, Susan Bledsoe of Daniel P. Costello & Associates fought zealously to deny fault and prove that First Choice landscaping had no knowledge that a void created by another defendant was festering under the surface of the new sod, only coming to light after 2 weeks of excessive watering by the plaintiff. The jury properly returned a verdict of not guilty in favor of Defendant First Choice Landscaping.

Trial Win After Slip & Fall at Pool

2013-L-012143 (Illinois, Cook County)

Plaintiff, an older woman, was at a local pool and recreation facility. After coming down a stairway she stepped onto a wet pool deck and slipped, injuring herself. She sued the recreation facility alleging a number of acts of negligence on behalf of the facility, saying the facility should have put a mat on the floor or posted a sign. Plaintiff demanded over $200,000 but ultimately the case went to trial where Jessica Biagi represented the recreation facility. Jessica Biagi made a common-sense argument to the jury that a wet area by a pool is open and obvious, and that a wet floor does not constitute an unreasonable risk of harm. The jury returned a full defense verdict after only fifteen minutes of deliberation.

Costello Legal's First Trial of 2016 is a Win!

Attorney Jessica Biagi helped to start the firm off on a good note for 2016 by winning the firm's first trial of the year.

Thompson v. Ajax Uniform Rental, Inc.

Thompson marks Jessica Biagi's fourth straight jury trial win in a row! The 89 year-old Plaintiff tripped on a floor mat while leaving a bank, sustaining a C2 fracture as well as a 18cm scalp laceration. Within minutes of jury selection, Plaintiff settled with the bank and property manager and went to trial solely against the floor mat rental company. Plaintiff claimed that Ajax Uniform Rental, Inc., placed a curled mat at the entryway and thereby created a dangerous condition. Plaintiff requested $790,000 at the end of the trial, which included claims related to $90,000 in medical expenses, a two week hospital stay, and permanent neck pain. Ten witnesses testified over four days, including two treating physicians and Plaintiff's trip and fall prevention expert. For the defense, Jessica Biagi from Daniel P. Costello & Associates, LLC, fought zealously to deny fault and prove the defendant's affirmative defense of contributory negligence. Within two hours, the jury returned a complete defense verdict.

Slip and Fall at Major Banking Chain

2014-L-3716 (Illinois, Cook County)

After walking into a major banking chain, plaintiff a 92 year old woman, slipped on a rubber mat in the bank’s entrance. She sued the bank, the property manager, and the maintenance company that provides the mats. She alleged multiple potential theories against defendants alleging that the mats were defective and/or installed improperly and made arguments implicating products liability, premises liability, and general negligence theories. Plaintiff’s final demand was $980,000 and ultimately the case went to trial. Despite plaintiff being very sympathetic, Partner Jessica Biagi made it clear that there was nothing wrong with the mat or the installation, and the jury agreed returning a full defense verdict.

Trial Over Use (or Misuse) of Gym Equipment

2010-L-6503 (Illinois, Cook County)

While at the gym, the plaintiff was using an abdominal exercise machine and fell, hitting her head on a metal bar at the bottom of the machine. She sued the gym under a premises liability theory alleging that the machine was wobbly, and sued multiple manufacturers under products liability theories making the case that the machine itself was defective. In the middle of discovery, the defense of the gym was transferred to Daniel P Costello & Associates. Attorneys Dan Costello and Jessica Biagi picked up defense of the gym and took the case to trial. Plaintiff attempted to show that the machine was wobbly and negligently installed, and demanded $1.2 million prior to trial. However, Dan and Jessica showed that there were no problems with the installation of the machine and focused on plaintiff’s use of the machine as the cause of the injury. The jury agreed that the gym was not negligent and returned a full verdict for the defense.