Cases
Significant Cases: Barron v. Ford Motor Co. Jury Trial, U.S.D.C. - Central District of Illinois. We served as co-counsel with Baker & McKenzie on a product liability action in which the plaintiff was a passenger in a Ford Escort which was being driven by her sister. Plaintiff, a 27-year-old who has paraplegia from the waist down, was ejected from the vehicle during a rollover accident. She claimed the sunroof
the vehicle's retention system were defectively designed, that Ford breached its implied warranty of merchantability
the vehicle was not crashworthy. Plaintiff asked the jury for between $6
$7 million. Result: Not guilty.
Rupe v. Dr. X Jury Trial, Peoria County. Medical Malpractice Wrongful Death Action. The decedent was an otherwise healthy 66-year-old male who had entered the hospital for an elective left knee arthroplasty. On the first post-operative day, the patient's blood profile returned a serum sodium level that was slightly low. Less than 24 hours later, the patient developed a significant confusion
the defendant doctor gave a verbal telephone order to stop the narcotic medication, but he did not order any electrolyte testing. Thereafter the patient suffered a seizure, vomited,
went into cardiac arrest. A Code Blue was called, during which the serum sodium level was found to be 120, a significant hyponatremia. Plaintiff alleged that the patient died as a result of a hyponatremic seizure
defendant doctor was negligent for not having conducted appropriate follow-up testing. The decedent left a widow
two adult children, in their early to mid-40's at the time of his death. Plaintiff asked the jury for $950,000.00 for loss of society
relations for the widow
$250,000.00 each for loss of society for the two children. Result: Not guilty.
Schalk v. Dr. M Jury Trial, Peoria County. Medical Malpractice Wrongful Death Action. The decedent was a 47 year-old deputy sheriff who was hospitalized to investigate potential liver disease. During the hospitalization, he sustained a colon puncture occurring during an invasive procedure performed by our defendant doctor. He developed peritonitis
died from consequent complications. Result: Not guilty.
Wittekiend v. Dr. W Jury Trial, Peoria County. Medical Malpractice Action involving loss of vision. The plaintiff developed a severe glaucoma following a cataract extraction by defendant ophthalmologist, allegedly resulting in complete vision loss in her left eye. Plaintiff claimed that the defendant ophthalmologist was negligent in failing to diagnose
properly treat the glaucoma which resulted in her vision loss. Result: Not guilty.
Mathews v. Dr. G, et al. Jury Trial, Fulton County. Medical Malpractice Action against Orthopedic Surgeon. Plaintiff was a 35 year-old registered nurse who fell at home
fractured her wrist. Our doctor set her wrist but the fracture subsequently slipped, resulting in a re-reduction
also application of pins
plaster. Plaintiff claimed instead that an external fixator was required to properly treat the fracture, that the foreign-trained doctor defendant was not properly trained
the treatment used was out of date. When the pins
plaster were removed the fracture again slipped, which left the plaintiff with a permanently
severely deformed left wrist
h
, with pain
traumatic arthritis that precluded her return to work as a nurse. Result: Not guilty.
Cross v. Ainsworth Seed Co. Dismissal with prejudice obtained
sustained on appeal of unique issue of first impression: Statute of repose barring products liability actions against defendants who, for more than ten years, had had nothing to do with design, planning, supervision, or management of construction or improvement to real property was not unconstitutional special legislation
did not violate due process
equal protection clauses of Federal Constitution. Statute of repose in products liability actions was reenacted without savings clause,
, thus, would be given retroactive effect
would act as bar to actions premised on defects in design in construction before 1979 as well as after.
Oak State Products, Inc. v. Ecolab, Inc. Key appellate decision on application of Moorman Doctrine that it does not preclude all actions relative to contracts for professional services. In addition, Uniform Commercial Code does not preempt all express warranties in service contracts. Express warranties can exist in service contracts
there is a cause of action under Illinois law for breach of express warranty in a service contract.
Kohl v. Miller Personal Injury, Peoria County. Retrial of case originally defended by another firm
reversed on post-trial motion. Defendant
his son were operating a hayrack ride for plaintiff's group. Three members of the group were thrown from the wagon. Plaintiff claimed the defendant was negligent for driving too fast
not breaking up bales of hay. Plaintiff suffered back
neck injuries,
numbness in the left arm
fingers resulting in disability, requiring early retirement from his job. Result: Not guilty.
Williams v. Old English Inn Jury Trial, McLean County, IL. Plaintiff was a patron in defendant's tavern when a shelf supporting a 19-inch CRT television set
other items fell, the heavy television severely striking plaintiff a 27-year-old district sales rep on the head
shoulder. Plaintiff suffered cervical
head injuries, loss of consciousness,
significantly reduced function, pain
numbness of her left arm
h
from thoracic outlet syndrome. Asked jury for $471,000+. Result: Not guilty.
