Brittney wins MSJ on Unavoidable Collision Doctrine in multi-car collision on I-355

2020-L-004279 (Cook County, Illinois)

Brittney Frederick won summary judgment on a case involving a multiple vehicle traffic accident on I-355 in the Circuit Court of Cook County. The accident occurred when a sedan weaved in and out of traffic, going up to 80 miles per hour in a construction zone.

The driver attempted to get around the a semi-truck, but mistimed his lane switch, hitting the semi-truck’s wheel and starting a chain reaction. The semi-truck was forced into the next lane, where it collided with a second semi-truck. The impact from that collision forced the second semi-truck into the left lane, where it collided with Plaintiff’s vehicle and pinned him against the concrete median.

The driver who started the chain reaction crash settled for policy limits before suit was filed. Plaintiff then sued the two semi-truck drivers complaining of a variety of injuries, including nerve damage and PTSD from the accident. Brittney Frederick took up the defense of the first semi truck which was initially struck by the at fault driver.

After a long discovery phase, Brittney filed her summary judgment motion, arguing that Plaintiff could not prove proximate cause based on the Unavoidable Collision Doctrine. She argued that even if the client could have done something to prevent the accident, his actions were not a substantial cause of the accident. Only the dismissed defendant could be held legally responsible for Plaintiff’s injuries. The remaining defendants joined onto Brittney’s motion. In response, Plaintiff focused on the fact that the truck drivers did not see the speeding vehicle before it made contact with their trucks was proof of negligence on their part. The Judge disagreed, holding that there was nothing either driver could have done to avoid the subject collision. The judge granted the motion and dismissed Brittney’s client from the case.

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. 

CGW Wins MSJ after Plaintiff Voluntarily Stops on Highway Causing Multi-car Collision

Shawn Staples

2018-L-006190 (Cook County, Illinois)

Matt Pierotti and Shawn Staples won summary judgement on a case involving a multiple vehicle traffic accident on I 90/94 in the Circuit Court of Cook County. The Plaintiff was a young woman who claimed she stopped and attempted to help Matt and Shawn’s client, who lost control of his car during inclement weather. After Plaintiff stopped her vehicle, she was rear ended twice by two other Defendants on the highway. Plaintiff complained of continuing knee pain from the accident, and underwent surgery. Even after surgery she claimed her pain persisted and secured an expert to opine as to the necessity of future surgery.

Prior to trial, Plaintiff made a settlement demand to all three Defendants totaling $500,000, and just before the trial was scheduled to begin, Plaintiff settled with and dismissed the two other Defendants who had struck Plaintiff’s vehicle. This left Matt and Shawn’s client as the only remaining Defendant.

Matt Pierotti

Matt and Shawn moved for leave to file a motion for summary judgment, arguing that the posture of the case was significantly altered by the dismissal of the two other Defendants. Matt and Shawn argued that even accepting Plaintiff’s factual account as completely accurate, their client’s actions could not have been a proximate cause Plaintiff’s injuries as their client never touched Plaintiff’s vehicle. Their client simply caused the condition by which Plaintiff was injured: and based upon binding precedent from the Illinois Supreme Court, only the dismissed Defendants could be held legally responsible for Plaintiff’s injuries. While Plaintiff argued that there were still issues of fact to be considered by a jury, the Judge held otherwise. “In short, [Plaintiff] cannot establish proximate causation because her action in pulling over and stopping in the lane of the expressway to render aid was not something [The Defendant] could have reasonably foreseen or anticipated, rendering the injuries she suffered from the collisions by the dismissed Defendants themselves unforeseeable.”

Matt and Shawn were thrilled with this result for their client, which avoided the additional time and expense of trial.

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.

Respondeat Superior Issue in Automobile Accident

18-LA-000406 (Illinois, McHenry County)

In a car accident in McHenry accident, plaintiff was rear-ended and sustained damages valued at about $60,000. The driver of the car that rear ended plaintiff gave plaintiff a business card to contact him that listed his employer, a local maintenance company. Plaintiff then sued the maintenance company under a Respondeat Superior theory. Andrew Smith, representing the maintenance company, filed a motion for summary judgment showing that even though the driver was an employee of the company, he was not working for the company at the time of the accident. The court agreed and granted the motion, dismissing the maintenance company.

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.

Continued Trial Success at Costello Legal!

Dan Costello preserved the streak for Costello Legal in what is turning out to be a great 2015, winning our seventh consecutive jury trial.

Yates v. Elegant Acquisition

Mr. Costello represented a local transportation company, and its 80 year driver in a case where plaintiff, a 26 year old attorney claims that she was forced off the road, and ended up striking a tree. The plaintiff claimed catastrophic injuries at trial. The plaintiff claimed nearly $100,000 in medical damages at trial for her Periacetabular osteotomy which resulted in a permanent limp, permanent hardware, and permanent restrictions.The plaintiff’s firm coming off a $15 million verdict one month earlier, asked the jury for $3.57 million dollars in total damages. Despite viewing the case as a presumed liability case against the defendant, the jury awarded 38% contributory negligence on the plaintiff, and awarded only $271,000, less than all pre-trial offers.

Costello Legal Wins Two Jury Trials in One Month

Daniel P. Costello & Associates congratulates two attorneys within the past two weeks who won full defense verdicts for our clients in jury trials in Cook County, a historically plaintiff-friendly venue.

Nicolau v. Mt. Prospect Child Care Center, Inc.

After a five year old girl fell off the monkey bars and broke her arm, her parents sued the day care center in the Cook County Law Division alleging negligent supervision and claiming $64,442.14 in damages. During the jury trial, Plaintiffs presented seven witnesses in their case-in-chief over three and a half days, including a liability expert. The firm received the case just one month prior to trial and Jessica Biagi, an associate at Daniel P. Costello & Associates, LLC, did an outstanding job quickly preparing the matter for trial reviewing thousands of pages of evidence. Within only an hour of deliberation, the jury returned a verdict of not guilty.

Jeff Wilson v. Action Towing, Inc. and Roxanne Rorah

The plaintiff, a 50 year old limousine driver, claims he was injured after falling off the back of a flat bed tow truck owned by our client. The Plaintiff claimed the defendant gave him instructions on climbing the truck and failed to warn him of the danger involved. The plaintiff asked for $152,000 in damages including over $37,000 in medical specials. For the defense, Partner James Barrow first won a motion for summary judgment as to counts for res ipsa loquitur, negligent spoilation and intentional spoilation, leaving only negligence counts. During the four day trial, James got the plaintiff to admit he knew what he was doing was dangerous and made it clear to the jury that the defendant bore no fault for the plaintiff’s accident. After deliberating for two hours the jury returned a full defense verdict.Congratulations to both Jessica and James!

Man falls off Tow Truck Trying to Get a Can of Diet Coke

2012-L-012989 (Illinois, Cook County)

After plaintiff got in a car accident and had his car towed, the tow truck driver pulled to the side of the road before getting on the highway to check the chains and connections. During this, plaintiff attempted to get into his car to get a can of diet coke by climbing on the flatbed of the tow truck, and in the process he fell from the flatbed sustaining significant injuries.

Plaintiff, in an attempt to implicate the towing company, made a claim that the driver of the tow truck actually offered a can of coke to the plaintiff, stopped the truck so plaintiff could get his coke, and directed the plaintiff to get onto the flatbed of the truck. James Barrow, representing the towing company, vigorously denied plaintiff’s story. James won a motion to dismiss some of plaintiff’s claims such as a Res Ipsa Loquitur claim, but ultimately the negligence count remained and the case went to trial with plaintiff refusing to lower their demand under $100,000. James defended the towing company and convinced the jury the plaintiff’s version of events could not have been true, and won a full defense verdict.