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.

Shipra Mehta Wins Defense Victory for Concrete Subcontractor in Death Case

2017-L-000052 (Lake County, Illinois)

A woman slipped and fell while leaving a Bank of America in Waukegan, Illinois, and then died months later. The deceased husband, as Special Administrator of her Estate brought suit against the Bank of America and property owner, attributing her death to complications from this fall, bringing wrongful death and survival claims against the defendants. Plaintiff alleged the ADA ramp was negligently maintained, though as the ramp was built a few years before the fall, the owner and property manager subsequently sued the contractors involved with the prior construction alleging improper construction and noncompliance with the plans and specifications.

Shipra Mehta defended the concrete subcontractor and after multiple depositions including the completion of expert discovery, filed a motion for summary judgment emphasizing the speculative nature of the overall claim, lack of notice of any issues with the construction, and compliance with the construction plans and specifications. As such, Shipra argued, no reasonable jury could find against the concrete subcontractor. The Court agreed, granting the concrete subcontractor's motion for summary judgment, dismissing all claims brought against the subcontractor in its entirety.

Dan Costello Presents at 2021 NOBC on Technology and Automation in the Practice of Law

Three Costello Legal Attorneys Recognized for 2021 "Super Lawyers" List

Three attorneys at Costello Legal have been recognized in the 2021 list of "Super Lawyers": Jessica Biagi and Shipra Mehta were both selected as “Rising Stars” and Dan Costello was selected as a 2021 Super Lawyer. Congratulations to all three for being recognized for your hard work!

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Dan Costello, Super Lawyer 2021

Jessica Biagi, Rising Star 2021

Shipra Mehta, Rising Star 2021

Cook County Issues New Order for Law Division Cases Setting Mandatory Pre-Trial Conferences

Cook County has issued GAO 20-7 setting mandatory pre-trial conferences for Law Division that had upcoming jury trials suspended due to the COVID-19 Pandemic. See below for details:

Dan Costello to Speak at COVID-19 Seminar Hosted by CLM on Defending Construction Claims

On July 21st, the Claims and Litigation Management Alliance (CLM) is hosting an online Webinar entitled “Defending Construction Site COVID-19 Infection Claims in Judicial Hellholes.” Dan Costello will be a speaker along with Ken Bloom, Elaine Fresch, and Jorge Cruz, and Moderated by Karen Rice.

Dan Costello is a nationally recognized expert in litigation management, trial practice, and complex case management. Dan has personally handled a wide variety of high value construction defect and construction injury claims, many in Cook County, which is one of the most nationally recognized plaintiff-friendly venues in the county.

Anyone interested in registering for the webinar can do so here:

Cook County Courthouse Announces Official Reopening Plan

New COVID-19 Order for 3rd Municipal District - Cook County

6/29/2020 order available here.

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.

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.