$148 Million, $95 million, and $33.4 million. These were the verdict amounts for just three cases all rendered in the span of four months in 2017 in Cook County.
Costello Legal Wins Defense Verdict for Property Manager in Jury Trial
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.
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.
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.
Another Trial Win for Costello Legal
Daniel P. Costello & Associates would like to congratulate Senior Associate Jessica Biagi on her second jury trial win in a row, which now makes five jury trial wins in a row for the firm.
Laden v. Evanston Art Center
After the Plaintiff, an 84 year old Tai Chi instructor, fell in the Evanston Art Center's sculpting studio and broke her nose, she filed a premises liability claim in the Cook County Law Division against the Evanston Art Center. The Plaintiff requested $120,000 in damages at the jury trial, which included future surgery. The trial lasted three and a half days and included seven witnesses, including a medical expert. During the trial, Jessica vehemently defended her client, clearly showing the jury how the plaintiff's fall was not the result of any negligence on the part of the defendant Art Center. After only thirty five minutes of deliberation, the jury agreed with Jessica and awarded a full not guilty verdict for the defendant.
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!
What a Way to End a Year, 2012 Ends in a Bang
As another year draws to a close the internet is a buzz with stories of the top ten movies of the year, this year's best gifts, and the stories of the year. We have been doing quite a bit of reflecting here again, and we wanted to share some of the highlights of 2012 with our friends and clients.
Although typical lists try and recap the entire year, we won't try and do so here. It just happened in December but we would be remiss if we didn't start with an excellent trial result. On December 10, 2012 a Cook County jury found in favor of our client, a national retailer, in a high stakes jury trial. The plaintiff asked the jury for $9.5 million dollars where he had nearly $1 million in paid past medical bills, $2.1 million in wage loss and a claimed $6 million in non-economic damages. The plaintiff would not move off a $5.4 million pre-trial demand, and turned down a joint defense offer of $2 million dollars, with indications for additional settlement. The jury found for our client, and assessed 0% liability. This was a major victory as joint and several liability in Illinois would require payment of medical for any verdict including 1% on liability. The trial team of Dan Costello, James Barrow, and Jessica Biagi tried the case for nearly two weeks, ending in a verdict followed by the Illinois Trial Lawyer's association. In addition to success in the Courtroom the firm has spent a great deal of time developing and studying industry best practice.
In September 2012, Dan Costello presented on the Ethics of Alternative fees to global risk managers and insurance executives in Philadelphia. He presented on a panel with former Associate General Counsel for Harleysville Insurance, along with the former Chief Legal Counsel for the Pennsylvania Department of Insurance. Shortly after presenting, Dan was part of the second Litigation Management Institute at Columbia Law School in October 2012. The intensive program provided by CLM is a one of kind program putting experienced litigation attorneys, risk management officers, and corporate leaders through rigorous course work for three days. Leaders from Google, Marriott, Liberty Mutual, and other Fortune 100 companies guided the attendees through best practice in litigation management and service to clients. Dan is one of 170 people in the U.S. to have completed the course, and he earned the CLMP designation.
Finally, the firm prides itself on the work that it is doing with two national insurance carriers in regards to litigation management. 2012 saw the firm work successfully with two major U.S. based carriers to create counsel scorecards, litigation management best practices, and unique solutions. These solutions will create value long into 2013 and into the future. Although a successful 2012 is over, there are many exciting events planned for next year, and we look forward to celebrating them with our friends and clients.
Daniel P. Costello specializes in construction litigation, complex litigation, and litigation management.
