“Eggshell Plaintiff” Falls at Funeral, Jury Weights Fault Between Wobbly Handrail and High Heels

2017-L-883 (Illinois, Cook County)

A 27 year old plaintiff filed a premises liability claim against a fraternal organization arising out of injuries the plaintiff allegedly sustained after falling down stairs on the defendant's premises and suffering an ankle fracture. Plaintiff alleged that a loose handrail caused her to fall. Plaintiff underwent an initial surgery and a subsequent hardware removal surgery. She further claimed that she suffered blood clots, including a pulmonary embolism, as a result of the occurrence and was required to be on blood thinners for the rest of her life.

Jessica Biagi vigorously defended the fraternal organization over the course of a 6-day trial, where over 12 witnesses were presented including the surgeon, three hematologists, and the physical therapist. Plaintiff presented three post-occurrence witnesses who testified that the handrail moved one to three inches in each direction. Additionally, Plaintiff called an architect who opined the handrail was unsafe and violated applicable building codes as well as a hematology expert who opined that the blood clots and need for lifelong medication was related to the occurrence. Plaintiff asked for a verdict in the amount of $1,520,031.12.  However, Jessica made the case that the handrail did was not the cause of Plaintiff's fall, and within only one hour of deliberation, the jury agreed and returned a full defense verdict.

Plaintiff Tries to Point Finger at Gas Station by Slipping on "Oily Substance"

2017-L-010958 (Illinois, Cook County)

Plaintiff slipped and fell on what he alleged was an “oily substance” at a gas station, fracturing his ankle and requiring surgery with an estimated total value over $200,000. However, Erin Cannon, representing the gas station, pushed plaintiff to multiple admissions at his deposition including that it was raining during the incident and plaintiff stepped through puddles on his way into the gas station. After depositions and extensive discovery Erin used these admissions to show in a motion for summary judgment that plaintiff could not make a prima facie case for negligence. The court agreed and granted the motion, ending the matter before a lengthy trial.

Partner James Barrow Wins Motion in Slip & Fall Case at Community Center

2016-L-288 (Illinois, Kane County)

Plaintiff entered a local community center and tripped on a mat placed at the entryway, sustaining injuries and suing the community center. Plaintiff brought suit against the community center, the maintenance company for the center, and other ownership entities associated with the center.

Partner James Barrow defended the maintenance company, filed a motion for summary judgment arguing that there was no reason for the maintenance company to be in the case. He argued the plaintiff could not make a prima facie case of negligence, that based on the plaintiff’s deposition testimony he could not point to a reason for his fall and could not establish causation as to his injuries, and that the rug, to the extent it was a defect, was open and obvious. The trial court granted the motion dismissing the maintenance company from the case. When the plaintiff filed a motion for reconsideration, James argued in defense of his motion and the judge upheld his order.

Successful Defense of Childcare Facility in Jury Trial

2016-L-001439 (Illinois, Cook County)

Plaintiff, a 6 year old child was playing on the monkey bars at preschool and fell off, injuring herself. Plaintiff brought suit against the childcare facility, alleging negligent aid, negligent supervision, premises liability, and reimbursement under the Family Expense Act. Specifically plaintiff alleged that the childcare facility allowed too many children on the playground at the same time and didn’t have enough staff, and ultimately took the case to trial. Jessica Biagi, defending the childcare facility, showed the facility itself was not negligent, and they not only followed all required regulations regarding staffing but in fact were following even more stringent voluntary regulations with a smaller ratio of children to staff. Ultimately, Jessica showed the jury that sometimes children running around on a playground simply fall down, and while unfortunate it does not indicate negligence on the part of the facility. Ultimately the jury agreed that there was nothing the facility could have done to prevent the injury and returned a full defense verdict after two hours of deliberation.

After Mystery Fire in Historic Chicago Building, Costello Legal Defends Accused Plumbing Company

2015-L-013013 (Illinois, Cook County)

A historic Chicago building over 100 years old that used to be a school was being gut rehabbed to put in high end condos. At 2am, a fire broke out during construction between the 3rd and 4th floors and the contractor pointed the finger at the plumbing company who they believed caused the fire. However, the plumbing company had left the job site hours before. Costello Legal picked up the defense of the plumbing company and engaged in a lengthy process of discovery to determine who was on the site and what happened.

After years of discovery, the parties’ demands were too divergent to settle, and attempts at mediation failed. Each side hired experts to opine on what caused the fire, resulting in a “battle of the experts” type of construction defect dispute. The case went to jury trial, where plaintiff demanded millions in damages up to what the cost might be to restore the building to its pre-fire site. However, Dan Costello and James Barrow mounted a vigorous defense, using their experts’ testimony to poke holes in plainitff’s theories about the cause of the fire. Before judgment, the plaintiff decided to reduce their risk of going home with nothing and agreed to settle the matter for less than 20% of their original trial demand.

Costello Legal Wins Motion on Slip & Fall in Chicago Grocery Store Parking Lot

2017-L-002318 (Illinois, Cook County)

An employee of a national grocery chain store location in Chicago was putting carts away when he fell in the parking lot, claiming to have fallen on an unnatural accumulation of ice and snow. The grocery chain, after settling the matter with the employee, filed a subrogation case on the employee’s behalf against the property owner and the snow removal contractor, alleging that they allowed a negligent accumulation of ice and snow that caused the employee’s injury.

Attorney Erin Cannon of Costello Legal took up defense of the property owner, and ultimately filed a motion for summary judgment claiming the landowner was not negligent in any way, as there was no evidence of an unnatural accumulation of ice and snow, that the landowner had no notice of any defect on the premises, and to the extent there was any defect it would have been open and obvious. Erin focused on inconsistencies in the plaintiff’ deposition testimony that made it clear the plaintiff could not meet their burden to show that an unnatural accumulation of ice and snow existed and the judge agreed, granting the motion and dismissing the property owner.