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.

Shipra and Chloe win Motion for Summary Judgment in Inflatable Slide Case

Plaintiff took her sons to a play area which included inflatable playing areas and an inflatable slide. Both plaintiff and her sons used the slide multiple times, plaintiff went down the slide again holding her son, where she says her toe got caught on a piece of fabric which pulled her backwards and caused her injury. Plaintiff alleged that the inflatable provider had dangerous jumping surfaces and failed to maintain the slide in question, leading to her injuries.

Shipra and Chloe defended the inflatable slide provider, and showed that there was no evidence to support the plaintiff’s claim that there was any kind of defect with the slide in question. Even after many depositions and years of testimony, Plaintiff could only support her claim with speculation as to the cause of her injuries. Not only had her children and other patrons used the slide with no issues and the inflatable provider had no notice of a dangerous condition. The judge agreed that there was no evidence of negligence and dismissed the inflatable provider prior to trial.

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.

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.

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.

Elderly Plaintiff Hit by Runners at Street Festival

2014-L-9091

Plaintiff, an elderly woman, was attending a street festival in Little Italy in Chicago, when youth from a school running club ran by causing one to bump into plaintiff. Plaintiff fell, and a police officer arrived on the scene, described her injuries as serious and helped transport plaintiff to a hospital. Plaintiff then brought suit against the city and the community organization who hosted the event. Daniel P Costello & Associates took over defense of the community organization. Dan Costello knew that the community organization was not responsible for the runners as they were legally allowed into the event, and pointed to the event organizer as having the duty to the plaintiff in this situation. Attorneys Dan Costello and Donna Rizzuto prepared a motion for summary judgment, and plaintiff, realizing the community organization was not at fault, dismissed them from the case and proceeded against the other defendants.

During Womens Basketball Game, Girl Falls off Bleachers While Playing on Gym Equipment

2014-L-335 (Illinois, DuPage County)

Plaintiff, an 11 year old girl, was playing on gym equipment on top of a set of bleachers in a gym when she fell and injured herself. At the time two local schools in DuPage County organized a tournament shootout with their women’s basketball teams and the gym equipment was moved onto the bleachers to make space but was not intended to be played on. Plaintiff’s parents brought suit on their daughters’ behalf, suing the schools and the company that operated and put on the tournament.

Attorneys Jessica Biagi and Jessica Velez defended the organizing company and eventually filed a Motion for Summary Judgment on the grounds of lack of notice that any hazard existed, lack of control over the bleachers in question, and that any hazard would be open and obvious. Jessica Velez argued the motion in oral argument and the motion was granted on all three grounds and the judge made an extensive record detailing his reasoning, effectively preventing an appeal.

Jury Trial Defense Win When Woman Falls in Arts Center

2011-L-6225 (Illinois, Cook County)

At an arts center in the Chicagoland area, an elderly woman fell over a crate and sued the arts facility. Ultimately plaintiff took the matter to trial and asked a jury for over $100,000 in damages. Jessica Biagi represented the arts facility, and showed that there was nothing unusual or negligent about the crate, and emphasized that just because someone fell, this does not meet a legal definition of negligence. Ultimately the jury agreed and returned a full defense verdict.