Significant Cases

The following cases are representative of the sorts of matters that we regularly work on.

Please note that auto cases, in particular, are often resolved for less than full value due to the lack of adequate insurance. We encourage our clients, and the public at large, to have ample liability, under-insured, and uninsured motorist coverage.

PERSONAL INJURY

John Doe vs. XYZ Corp.
($10,500,000.00): The proper names of the parties cannot be disclosed due to court order. This matter involved the theft of intellectual property and breach of a partnership agreement. The case was tried in the U.S. District Court, Akron, Ohio. After a favorable verdict on liability, the defendants settled.

McDonnell vs. Unum Provident Insurance Company
($500,000.00): The insurer denied a disability claim. The case was litigated and the insurer paid the policy limit.

Hoy vs. Lazer Truck Lines, et al.
($1,230,000.00): A thirty-eight year old mother of four was struck head-on by a trailer which had swerved into her lane. She sustained multiple fractures and a closed head injury. The defendant paid its policy limit of $1,000,000.00. $230,000.00 was paid by the plaintiff’s auto insurer on the uninsured motorist provision.

Bowman vs. Reliance Insurance Company
($2,530,000.00): Medical doctor sued for disability policy benefits following a denial of coverage. The case was litigated in the U.S. District Court, Northern District of Illinois. Plaintiff prevailed on a motion for summary judgment and the insurer agreed to pay the policy limits.

Bruketta vs. Daily Herald
($435,000.00): A motor vehicle accident in which the truck driver ran a stop sign and broad-sided the plaintiff. The primary injury was a severe ankle fracture. The case was settled out of court.

Phillips vs. Keystone Mechanical
($235,000.00): A workers compensation case involving a 48-year-old commercial electrician who sustained three herniated disks while lifting a ladder. The case was settled out of court.

Powell vs. Gregory Schierer, M.D. and Dreyer Medical Clinic.
($215,000.00): A medical malpractice case in which the plaintiff, a registered nurse, had undergone a full knee replacement. Plaintiff had to undergo a revision due to limitation of motion and the appearance of the knee being crooked. The case was settled out of court.

Lamantia vs. Target Stores
($125,000.00): A slip and fall case in the parking lot of a Target store. Plaintiff was caused to fall to her knee as the result of ice that accumulated in a crevice. The primary injury was damage to plaintiff’s peroneal nerve which caused difficulties with walking. The case was litigated in DuPage County and settled out of court.

Taylor vs. Hyundai Motor Company
($100,000.00): A products liability case involving a 28-year-old mother of two who owned a 2002 Hyundai Santa Fe. Plaintiff, a front seat passenger in the vehicle, sustained a severe burn on the bottom of her left foot which came in contact with an exposed heater core pipe. This caused her to alter her gait, which resulted in a number of stress fractures. The case was settled out of court.

Shaikh vs. Kaplan
($95,000.00): A low impact auto collision in which the plaintiff was struck in the rear. Plaintiff was a 54-year-old postal worker. She sustained a herniated disk which required surgery. The case was settled following court ordered mediation.

Estate of James C. vs. Rush Copley Medical Center, Inc., et al.
($285,000.00): A medical malpractice case involving an 83-year-old heart patient. The decedent went to the emergency room complaining of chest pains. He was advised that he had emphysema. He was found dead less then 24 hours later. The cause of death was a pulmonary embolism. The case was settled out of court.

Bowden vs. Villagomez
($100,000.00): A dog bite case in which a neighbor’s pit bull entered plaintiff’s yard and attacked her dog. As she attempted to separate the dogs, the pit bull bit off the upper third of her right thumb. The defendant’s insurer paid the policy limit in an out of court settlement.

McLernon vs. DeMarco
($100,000.00): An automobile accident in which the plaintiff, a 38 year old satellite dish installer, was struck from behind. The primary injury was a herniated disk which required surgery. The defendant’s insurer paid the policy limit in an out of court settlement.

Reed vs. Walsh Construction
($300,000.00): A construction worker was struck in the mouth by a forklift. The plaintiff sustained severe dental injuries. The matter was litigated in Cook County and settled at arbitration.

Pistorio vs. Paper Savers, Inc.
($160,000.00): A workers compensation case involving a severe foot injury.

Campbell vs. Barrientos
($200,000.00): A husband and wife were on a motorcycle when they were broad-sided by a motorist. They husband sustained a severe injury to his wrist and scars due to “road rash”. The wife sustained a severe leg fracture which required multiple surgeries. The case was settled for the driver’s policy limit and the Campbell’s under-insured limit.

Gilbert vs. Berry
($250,000.00): An auto accident in which Gilbert sustained disk herniations which required surgery. The case was settled for the other driver’s limits and Gilbert’s under-insured limits.

Kasnick vs. Kreivitz
($175,000.00): An auto accident in which Kasnick sustained two herniated disks. The case was settled out of court.

Harris vs. Walters
($100,000.00): A motorcycle accident in which Harris sustained a complex fracture of his left arm. The case was settled for the driver’s policy limit.

SECURITIES

Smith et al. vs. The Leasing Program
(Confidential - $1,000.000.00+): Multi-state litigation against issuer and sales agents for a leasing program sold to senior citizens as a “safe investment”.

Doe vs. Salomon Smith Barney
($134,000.00): NASD arbitration on behalf of family members for losses incurred as a result of unsuitable investments and broker misconduct. Successfully settled on the eve of the trial.

Doe vs. Merrill Lynch
($140,000.00): NASD arbitration on behalf of a couple who lost most of their savings as a result of unsuitable investments and broker misconduct. Successfully medicated and settled.