Following a two-week trial from August 10–24, Costello Ginex & Wideikis, PC partners Dan Costello and Michael Turiello secured a major defense victory in a highly contested construction-site wrongful-death case involving the tragic death of a 19-year-old contractor. Plaintiff’s counsel asked the jury for $190 million.
The Court submitted both wrongful-death and conscious pain-and-suffering claims to the jury. It also allowed the jury to consider separate theories of premises liability and negligent activity.
Our client was apportioned only 5% responsibility under premises liability, resulting in exposure of $650,000. This is less than one half of 1 percent (.34%) of the ask at trial.
The jury separately apportioned 40% under negligent activity, creating a maximum alternative exposure of approximately $4.05 million. The defense maintains that this theory should not have been submitted because the allegations concerned conditions and actions the defendant allegedly failed to undertake—not contemporaneous affirmative conduct. Based on the Texas Supreme Court's recent decision in JMI Contractors, LLC v. Medellin, 716 SW3d 740 (June 26, 2026), which requires evidence of contemporaneous activity (i.e. malfeasance) that caused the injury for a negligent activity claim to be submitted to the jury, and other appellate issues zealously preserved by the trial team, the defense expects the overall amount to be reduced to $650,000 or less following post-trial and appellate review. The premises-liability finding also remains subject to challenge because the alleged condition was open and obvious.
A special thanks to Heidi Gumienny Simmons and Andrew Nelson at Wright Close Barger & Guzman for their outstanding work with us on this case on the appellate issues. Also thank you to Stephen Graham at Amerisure for the opportunity to let us parachute into this case, and local counsel Barry Hardin. Finally, an enormous thank you to the client and their in-house team for their incredible support during the trial.
We are proud of the preparation, perseverance, and teamwork required to achieve this result in an exceptionally difficult and consequential case.
Victory in South Carolina: Dan Costello and Mike Turiello Win $500k Verdict on $12 Million Exposure Admitted Liability Case
2023-CP-10-00543 (Charleston County, South Carolina)
Trial work often comes down to focus and earning credibility with the jury.
Recently, our team tried a parachute case in Charleston, South Carolina. We made the strategic decision to admit both liability and causation on the plaintiff’s initial injuries, focusing the dispute on the scope of future care, including multiple proposed surgeries and an extensive life care plan.
Plaintiff’s counsel, among the most respected advocates in the state, presented claims involving more than 160 past medical visits and nearly 200 projected future treatments. Past medical specials totaled $470,000, with a future life care plan of $983,000. The jury was asked to award $4 million in compensatory damages.
Just as important, the jury was asked to consider whether the conduct was “willful and wanton,” against the parent and subsidiary companies. The jury heard testimony at trial from the driver/defendant/employee that these companies allowed a commercial vehicle to go into service with allegations of defective brakes. The jury heard testimony from the defendant driver these complaints were made the week of the accident to his supervisor, which under South Carolina law carried the potential for treble damages. This created exposure approaching $12 million and was a central risk throughout the trial.
After hearing all of the evidence, the jury returned a $500,000 verdict, less than half of the defense’s last trial offer and less than a quarter of the plaintiff’s final pretrial demand, and denied willful and wanton charge. The result reflects a disciplined trial strategy, strong expert support, and a jury that focused on what was truly supported by the evidence.
Dan Costello and Mike Turiello Take Parachute Case 90 Days Before Trial, Reduce Client Risk Exposure From $60+ Million to under $3 Million
In a high-exposure admitted liability case involving a commercial vehicle strike with a traumatic brain injury and claimed life altering injuries to a 72-year-old plaintiff, we were retained roughly 90 days before trial with an $11 million demand on the table. The case resolved for approximately 21% of the demand after final motions in limine and before jury selection commenced.
Plaintiff’s counsel was preparing to present a $65 million damages narrative to the jury. That never happened.
After being brought in on just months from trial Partners Daniel Costello and Michael Turiello, along with former associate Ashley Koda executed an aggressive trial-forward strategy, rebuilt the expert discovery framework, and filed and won critical motions in limine, including exclusion of a substantial upward increase of the plaintiff’s claimed damages.
The result: a materially narrowed damages case and a dramatically shifted risk profile heading into trial. From a $65M jury narrative to no jury at all.
This is what happens when experienced trial counsel is brought in early enough to matter and late enough to know exactly where to apply pressure.
Nine CGW Attorneys Selected as 2025 Superlawyers!
Costello Ginex & Wideikis has just had nine attorneys recognized by SuperLawyers as top rated Illinois attorneys in 2025 due to their outstanding achievements representing their clients over the past year. Congratulations to all those selected!
Partners Gregory V. Ginex (left), Dan Costello (center), and Jim Wideikis (right)
2025 Illinois Super Lawyers
Dan Costello: Construction Litigation
Gregory V Ginex: Personal Injury General: Defense
Jim Wideikis: General Litigation
Michael P Turiello: Civil Litigation: Defense
2025 Illinois Rising Stars
Ashley Koda: Civil Litigation: Defense
Chloe Polo: Personal Injury General: Defense
Jessica Biagi: Civil Litigation: Defense
John Dark: Civil Litigation: Defense
Shipra Mehta: Personal Injury General: Defense
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
