Tort Law – Motor Vehicle Accident
Logan County – assignment from Auto-Owners Insurance Company
Client owned utility trailer that was parked but encroached on rural road. Motorist left roadway after passing trailer, flipped over and occupants ejected. Driver died and two minor children seriously injured. Client’s motion for summary judgment granted by trial court. Held: trailer was not the proximate cause of accident. Summary judgment affirmed by appellate court. 2018 IL App (4th) 170679-U.
Property Law
Ford County – assignment from CCMSI/TOIRMA
Client, a township highway commissioner, sued for trespass and aiding and abetting trespass after he issued a permit allowing Commonwealth Edison to install power poles on plaintiff’s farmland. Trial court granted client’s motion to dismiss because plaintiff’s claims were time-barred. Dismissal affirmed by appellate court. 2018 IL App (4th) 180153-U.
Tort Law – semi hits passenger car
Macon County – assignment from Auto Owners Insurance Company
Client, driving a semi, ran red light in City of Decatur and collided with passenger car driven by plaintiff (ex-mayor’s brother) who suffered distal clavicle fracture and AC joint separation. Evidence of plaintiff’s permanent pain and suffering and inability to play golf. Last demand before October 2018 trial: $100,000. Last offer: $20,000. Jury award: $30,000.
Civil Procedure
McLean County – assignment from ISBA Mutual Insurance Company
Client sued for legal malpractice. Trial court granted client’s motion to dismiss due to plaintiff failing to exercise reasonable diligence in effecting service of summons on client in violation of Supreme Court Rule 103(b). Dismissal affirmed by appellate court. 2018 IL App (4th) 170337-U.
Tort Law – premises liability
Champaign County – assignment from Auto-Owners Insurance Company
Client, a landlord, sued by tenant who allegedly tripped and fell due to defective step. Trial court granted client’s motion for summary judgment in 2018. Trial court held landlord owed no duty of care due to open and obvious condition of step.
Contract Law
Douglas County – assignment from Mississippi LLC
Client, a herbicide distributor, sold product to a dealer. Dealer sold most of the product to customers. Product was then recalled by EPA. Client sued dealer for payment on product sold to customers. Dealer filed counterclaim against client for setoff due to recall. Money judgment entered in favor of client and against dealer. Summary judgment entered in favor of client on dealer’s counterclaim for setoff. Dealer appealed but case favorably settled in 2018 and appeal dismissed.
Tort Law – Motor Vehicle Accident
Logan County – assignment from Auto-Owners Insurance Company
Client owned utility trailer that was parked but encroached on rural road. Motorist left roadway after passing trailer, flipped over and occupants ejected. Driver died and two minor children seriously injured. Client’s motion for summary judgment granted by trial court. Held: trailer was not the proximate cause of accident. Summary judgment affirmed by appellate court. 2018 IL App (4th) 170679-U.
Property Law
Ford County – assignment from CCMSI/TOIRMA
Client, a township highway commissioner, sued for trespass and aiding and abetting trespass after he issued a permit allowing Commonwealth Edison to install power poles on plaintiff’s farmland. Trial court granted client’s motion to dismiss because plaintiff’s claims were time-barred. Dismissal affirmed by appellate court. 2018 IL App (4th) 180153-U.
Tort Law – semi hits passenger car
Macon County – assignment from Auto Owners Insurance Company
Client, driving a semi, ran red light in City of Decatur and collided with passenger car driven by plaintiff (ex-mayor’s brother) who suffered distal clavicle fracture and AC joint separation. Evidence of plaintiff’s permanent pain and suffering and inability to play golf. Last demand before October 2018 trial: $100,000. Last offer: $20,000. Jury award: $30,000.
Civil Procedure
McLean County – assignment from ISBA Mutual Insurance Company
Client sued for legal malpractice. Trial court granted client’s motion to dismiss due to plaintiff failing to exercise reasonable diligence in effecting service of summons on client in violation of Supreme Court Rule 103(b). Dismissal affirmed by appellate court. 2018 IL App (4th) 170337-U.
Tort Law – premises liability
Champaign County – assignment from Auto-Owners Insurance Company
Client, a landlord, sued by tenant who allegedly tripped and fell due to defective step. Trial court granted client’s motion for summary judgment in 2018. Trial court held landlord owed no duty of care due to open and obvious condition of step.
Contract Law
Douglas County – assignment from Mississippi LLC
Client, a herbicide distributor, sold product to a dealer. Dealer sold most of the product to customers. Product was then recalled by EPA. Client sued dealer for payment on product sold to customers. Dealer filed counterclaim against client for setoff due to recall. Money judgment entered in favor of client and against dealer. Summary judgment entered in favor of client on dealer’s counterclaim for setoff. Dealer appealed but case favorably settled in 2018 and appeal dismissed.