Shipra Mehta Wins Case and Subsequent Appeal on Trip & Fall at Child Care Facility

2017-L-423 (Illinois, Will County)

Plaintiff, an elderly man tripped on a small staircase at a daycare when coming to pick up his granddaughter. He sued the daycare, bringing negligence and premises liability counts against the daycare. Plaintiff also claimed that the stairs were not up to code and hired an expert to support the claim.

Shipra Mehta defended the child care facility, and after multiple depositions, filed a motion showing that there was no defect the plaintiff or their expert could point to in the staircase, and that the stairs were an open and obvious hazard. As such no reasonable jury could find for the plaintiff. The judge granted Shipra’s motion, but the plaintiff appealed the decision to the 3rd District of Illinois Appellate Court. Shipra continued to defend her client at the appellate level, drafting a brief and defending her motion in oral argument. The appellate court affirmed the trial court’s granding of the motion for summary judgment, resulting in a full defense verdict.

Costello Legal Wins Motion on Liability Waiver after Plaintiff Tripped on Tree Stump at Paintball Course

2019-L-000369 (Illinois, Kane County)

Attorney Shipra Mehta won a motion to dismiss on the issue of a liability waiver, avoiding unnecessary litigation and defending a paintball facility. Plaintiff was playing paintball at a commercial paintball course and tripped over a tree stump that was in a wooded area adjacent to the main paintball playing area. However, the plaintiff signed a liability waiver before playing paintball. Upon receiving notice of the lawsuit, Shipra filed a motion arguing that the plaintiff waived her right to recover against the facility based on the facts alleged, and the court agreed dismissing the matter in its entirety.

Arbitration Win in Suspected Staged Car Crash

2018-M1-300927 (Illinois, Cook County)

A truck driver driving a Mack truck with a dumpster on back was on his way to a drop-off when a car passed him and abruptly swerved in front of his truck in the middle of traffic. Despite trying to slow down, the truck still hit the car, rear ending him but not causing significant damage. There were three passengers in the car, who called the police, whereupon they all began complaining of various pains and injuries, and eventually sued the trucking company.

The defense of the case for the trucking company was handed to Costello Legal, and based on the facts the crash appeared to be a staged fraudulent crash. Ultimately the case went to mandatory arbitration, where Matt Pierotti handled the case for Costello Legal. Despite the fact that the truck rear ended the plaintiffs, Matt convinced the arbitration panel that there was no negligence on the part of the truck driver and was able to secure a full defense verdict.