Cases
Significant Cases: Sutton v. Heininger Tazewell County Case No. 14 L 54 - Defendant left a stop sign
failed to yield the right of way to the plaintiff who was traveling on the preferential roadway. Plaintiff claimed she sustained a lumbar injury
incurred $3,600 in medical bills. Plaintiff's last dem
was $10,500. The last offer was $1,000. Plaintiff dem
ed $17,000 at trial. Jury Verdict: Not guilty.
Mr.
Mrs. C. v. Insurance Company Circuit Court of Peoria County, Illinois - The firm's client, a major U.S. insurance company, denied the homeowner's claim for the first fire asserting that it was intentionally set by plaintiffs
that plaintiffs made material misrepresentations during the investigation. The Company denied the claim on the second fire as the policy was void prior to the second fire due to plaintiffs' intentional acts
misrepresentations. We filed a motion to dismiss Count I of plaintiffs' complaint which pertained to the first fire as it was time-barred under the one-year limitation provision in the policy. After the Motion to Dismiss Count I was granted, we filed a Motion to Dismiss Counts II
III (second fire
bad faith claim, respectively) arguing that policy was void following the first fire
that therefore there was no policy in effect at time of the second fire. All motions were granted disposing of the entire lawsuit with prejudice
Mrs. M. v. Insurance Company Circuit Court of McLean County, Illinois - Plaintiff's vehicle was repossessed. Plaintiff claimed that the vehicle was unlawfully repossessed
filed suit against the firm's client, a major U.S. insurance company, seeking coverage under the theft provision of her auto insurance,
the local police department. We filed a Motion to Dismiss arguing that Plaintiff's claim was not made within the one-year statute of limitations set forth in the insurance policy
that as a matter of law a repossession is not a theft. Our motion was granted
the matter dismissed with prejudice.
Travelers Indemnity Co. v. Mr.
Mrs. John Doe Circuit Court of McLean County, Illinois - The insureds owned a century old, three story brick warehouse which plaintiffs claimed was improperly maintained. The warehouse collapsed onto an adjacent commercial structure which housed an optical laboratory. Two laboratory employees were trapped inside the building for a period of time
all of the highly sensitive optical manufacturing equipment was damaged. A portion of the warehouse also collapsed onto an adjacent bridge
onto another structure utilized by a plumbing contractor. Seven claimants dem
ed damages in excess of $8,000,000. The matter was successfully mediated on 7/23/14 for less than 20% of the aggregate dem
.
Jane Doe v. The Board of Education of Hall High School District 502, Daniel Oest, Patricia Lunn, Gary Vicini, The City of Spring Valley, Illinois
Douglas Bernabei 05-1348 Filed in the U.S. District Court for the Central District of Illinois in 2005. This civil rights lawsuit was filed in the United States District Court, Central District of Illinois. Jane Doe, a high school teacher, was accused of engaging in sexual relations with a male student. Chief Bernabei conducted an investigation which resulted in Doe being charged with various criminal offenses. The school terminated Doe's employment
she incurred approximately $300,000 in expenses defending against the criminal charges. Doe was found not guilty in the criminal trial. Thereafter, Doe filed a civil rights suit against our clients, Chief Bernabei
The City of Spring Valley. The civil rights Complaint requested $40,000 in compensatory damages
$10,000,000 in punitive damages. During discovery, plaintiff made a settlement dem
of $9,500,000. We obtained summary judgment in 6 of the 7 counts but the trial court denied the entry of summary judgment with respect to a count alleging false arrest. We filed an appeal to the Seventh Circuit Appellate Court which reversed the trial court thereby disposing of all claims directed against Chief Bernabei
The City of Spring Valley. The U.S. Supreme Court denied a writ of certiorari in 2011.
Vivian Murphy, Executor of the Estate of Joseph E. Murphy (Deceased) v. Ron Cline Trucking
James Stephens Filed in DeWitt County, Sixth Judicial Circuit of Illinois - A wrongful death case wherein it was alleged that the plaintiff sustained a subdural hematoma from a motor vehicle accident which eventually caused his death. The verdict was not guilty.
Joanne Meyer, as Executor of the Estate of Jack Meyer v. Coal Valley Fire Protection 93 L 327 (Rock Isl
County) Wrongful death case wherein it was claimed that emergency response personnel failed to properly respond to a 911 call which delayed treatment. The verdict was not guilty.
Cunningham v. Moody 99 L 25 (Henry County) 2002 The plaintiff claimed the defendant, a police officer, utilized excessive force when arresting
physically subduing the plaintiff. The plaintiff claimed he br
ished a baseball bat to defend himself from an imminent assault by three individuals who were part of a volatile crowd. The plaintiff claimed he heard someone from behind order him to drop the bat
that he was immediately maced
struck in the face before he had a reasonable opportunity to determine a police officer was the individual giving him the comm
. The defendant claimed he gave the plaintiff several warnings before utilizing physical force. The plaintiff sustained a small fracture of the jaw, soft tissue damage,
permanent nerve damage. The plaintiff asked the jury for $116,000. The verdict was not guilty.
Gibson v. Village of Oquawka 98 L 6 (Henderson County) Filed in Henderson County, Ninth Judicial Circuit of Illinois - A premises liability case wherein plaintiff sustained an injury which resulted in bilateral knee surgeries. The verdict was not guilty.
Butler v. General Accident Insurance Company of America Putnam County, Tenth Judicial Circuit of Illinois - A breach of contract
bad faith case wherein it was asserted by the insureds that the defendant improperly denied their claim for the collapse of their basement walls. The verdict was not guilty.
Bhattacharya v. Venture Stores, Inc.,
Unarco Industries, Inc. 86 L 195 (Macon County) Filed in Macon County, Sixth Judicial Circuit of Illinois - Personal injury case involving an infant who was placed in a shopping cart which tipped over resulting in bilateral femur fractures. We received a directed verdict after the completion of the plaintiff's case.
Dwayne Hoffer v. American Family Insurance 95 L 345 (Tazewell County) Filed in Tazewell County, Tenth Judicial Circuit of Illinois - A breach of contract
bad faith case against the insurer for alleged improper denial of a theft claim. The verdict was not guilty.
Gibson v. Frye 2012 case filed in the 10th Judicial Circuit, Tazewell County, Illinois. The plaintiff's motorcycle collided with an SUV operated by the defendant. Defendant entered a T-intersection
was turning left at a yield sign when the accident occurred. The plaintiff's movement was not controlled by a traffic control device. As a result of the accident, the plaintiff sustained a fractured right clavicle, sprained wrist,
laceration to his lip. Verdict: Not Guilty
