Wrongful Death
• Alton C. Haynes and Mark G. Poulakidas tried a wrongful death case in Cook County, Illinois where the plaintiff's attorney asked the jury for a verdict of $18,880,000. The defendant truck driver rearended and crushed the vehicle in which the decedent was a back seat passenger. The decedent survived for several hours in the intensive care unit. The decedent's wage loss exceeded $1,000,000. The wife and two children sought recovery for loss of society and loss of support. The jury returned a verdict of $7,365,00 which was a victory for the defense.
• Brian P. O’Neill tried a wrongful death case in Cook County, Illinois with the jury finding a not guilty verdict. The decedent’s estate contended the defendant permitted employees to socialize on its premises at the end of the workday, thereby creating an atmosphere where the deceased inadvertently locked himself inside of a moving truck, causing his death. The defense asserted the deceased was intoxicated with alcohol and cocaine and that he was a trespasser at the time he went into the back of defendant’s truck during off hours. Plaintiff asked for $2,413,000.00. The jury returned a Not Guilty verdict.
• Alton C. Haynes and Brian P. O’Neill tried a wrongful death case in Cook County, Illinois with an $8,000,000 demand. The decedent was a pedestrian that was struck and rolled over by a construction forklift driving on the street in downtown Chicago. After feeling a bump, the operator of the forklift saw the decedent's body laying in the crosswalk. There were no eyewitnesses to the accident. Expert witness accident reconstruction testimony challenged the point of impact and suggested that the decedent was inattentive and walked into the side of the forklift. The jury awarded the decedent's estate $306,250 which was a victory for the defense.
Catastrophic Injury
• Brian P. O’Neill and Alton C. Haynes obtained a Not Guilty Verdict in Kyw Hyun Chun, In Sup Chung v. Myung Hye Kim. Here, defendant, owner of Michigan Auto Services was directing a customer’s car into an automobile service bay when plaintiff was pinned against the back wall of the bay by the customer’s car. Plaintiff suffered bilateral comminuted tibia and fibula fractures with four surgical procedures, osteomyelitis and future arthritis ($254,993 medical damages); he is a retired pastor. Defense contended plaintiff was standing in the service facility when he walked from a position of safety to the back of the garage in front of the oncoming vehicle where he was pinned against the wall. Plaintiff asked for $2,014,993.00. A jury returned a Not Guilty verdict.
• Brian P. O’Neill and Alton C. Haynes tried a case in Cook County, Illinois. Stotmeister v. Vollmar Clay Products Co. was tried before the Honorable Mary A. Mulhern. The plaintiff was riding a bicycle at the time she was struck by the defendants’ truck. The plaintiff’s injuries included: fracture of the left ankle, open reduction, internal fixation and subsequent surgery for hardware removal; 3 pelvic fractures; and degloving injury to the left thigh. The plaintiff’s medical bills totaled $124,873. The plaintiff was unable to return to her career as a professional dancer. The plaintiff’s last demand was $1,300,000. The last offer was $750,000. The plaintiff asked the jury for $2,830,073. The jury returned a verdict of $662,500 against our clients.
• Shimon B. Kahan won an appeal upholding a not guilty verdict. The Appellate Court of Illinois, First District, affirmed the judgment of the Circuit Court of Cook County in favor of the Defendants and against the Plaintiffs in Rachford v. Calumet Construction Corporation, et al. Shimon B. Kahan represented the Defendant on appeal; the Appellate Court issued a twelve-page opinion, affirming the judgment of the trial court. A complete copy of the Appellate Order may be viewed by clicking on this link.
• Alton C. Haynes and Brian P. O’Neill tried a case in Cook County, Illinois and represented a construction company alleged to have negligently failed to install perimeter cable at the stairway landing from which he alleged to have fallen from the third floor to the ground level. Plaintiff claimed permanent brain injury, a spine fracture and a seven figure future wage loss claim. Plaintiff asked the jury for in excess of $10M as compensation for his injuries. Plaintiff never reduced the demand below $5M prior to trial. Defendant offered $500,000 plus a complete waiver of the workers’ compensation lien. After a multi-week trial, the jury returned a verdict in favor of the Defendant and against the Plaintiffs.
• Brian P. O’Neill and Alton C. Haynes tried a case in Cook County, Illinois with the jury finding our client Not Guilty. Hawkinson v. Gainer, was tried before the Honorable Richard J. Elrod. The plaintiff alleged that the defendant threw a dart striking the plaintiff in the eye. The trauma to the right eye included: giant retinal tear; lens removal; significant loss of acuity; double vision; and permanent loss of vision with likelihood of future surgery in addition to the 7 surgical procedures performed. The plaintiff made a policy limit demand of $2,500,000. The defendant offered $300,000 to settle. Plaintiff asked the jury for $3,500,000. The jury returned a finding of Not Guilty in favor of our clients.
• Brian P. O’Neill and Alton C. Haynes tried a case in Cook County, Illinois. Stotmeister v. Vollmar Clay Products Co. was tried before the Honorable Mary A. Mulhern. The plaintiff was riding a bicycle at the time she was struck by the defendants’ truck. The plaintiff’s injuries included: fracture of the left ankle, open reduction, internal fixation and subsequent surgery for hardware removal; 3 pelvic fractures; and degloving injury to the left thigh. The plaintiff’s medical bills totaled $124,873. The plaintiff was unable to return to her career as a professional dancer. The plaintiff’s last demand was $1,300,000. The last offer was $750,000. The plaintiff asked the jury for $2,830,073. The jury returned a verdict of $662,500 against our clients.
• Shimon B. Kahan won an appeal upholding a not guilty verdict. The Appellate Court of Illinois, First District, affirmed the judgment of the Circuit Court of Cook County in favor of the Defendants and against the Plaintiffs in Rachford v. Calumet Construction Corporation, et al. Shimon B. Kahan represented the Defendant on appeal; the Appellate Court issued a twelve-page opinion, affirming the judgment of the trial court. A complete copy of the Appellate Order may be viewed by clicking on this link.
• Alton C. Haynes and Brian P. O’Neill tried a case in Cook County, Illinois and represented a construction company alleged to have negligently failed to install perimeter cable at the stairway landing from which he alleged to have fallen from the third floor to the ground level. Plaintiff claimed permanent brain injury, a spine fracture and a seven figure future wage loss claim. Plaintiff asked the jury for in excess of $10M as compensation for his injuries. Plaintiff never reduced the demand below $5M prior to trial. Defendant offered $500,000 plus a complete waiver of the workers’ compensation lien. After a multi-week trial, the jury returned a verdict in favor of the Defendant and against the Plaintiffs.
• Brian P. O’Neill and Alton C. Haynes tried a case in Cook County, Illinois with the jury finding our client Not Guilty. Hawkinson v. Gainer, was tried before the Honorable Richard J. Elrod. The plaintiff alleged that the defendant threw a dart striking the plaintiff in the eye. The trauma to the right eye included: giant retinal tear; lens removal; significant loss of acuity; double vision; and permanent loss of vision with likelihood of future surgery in addition to the 7 surgical procedures performed. The plaintiff made a policy limit demand of $2,500,000. The defendant offered $300,000 to settle. Plaintiff asked the jury for $3,500,000. The jury returned a finding of Not Guilty in favor of our clients.
