Cases
Significant Cases: Kreps, Special Representative of the Estate of Arenz v. BNSF: (2018) Represented BNSF Railway Company in the Circuit Court of McDonough Co., IL
the Appellate Court of Illinois, Third District in a FELA case. The trial court granted summary judgment for the railroad
the appellate court affirmed. Before that, the defense was successful at having the lawsuit transferred to McDonough County on a contested motion to transfer for intra-state forum non conveniens . Plaintiff claimed he sustained severe
permanent injuries to his foot, shoulder,
body while stepping off a railroad truck during work. Plaintiff's complaint alleged that ... defendant failed to provide plaintiff with a safe place to work by having large rocks or debris in the yard compound which prevented plaintiff from having secure footing while exiting the truck. The plaintiff's supervisor's report taken on the day of the alleged injury disclosed that [Plaintiff] says he didn't step on anything or twist his ankle, only he had a sharp pain which caused his right foot to give way .... . The defense presented additional evidence from witnesses
treating physicians that showed a complete lack of evidence that supported the plaintiff's theory that he was injured in whole or in part because he stepped on a large rock
that he had not stepped on any rock at all. In granting summary judgment, the trial court noted there was no evidence that there were large rocks in the yard, nor that that an illusory large rock caused (Plaintiff's) injury. The defense also proved that there was no causal relationship between the incident
the plaintiff's claimed shoulder
body injuries. In affirming the trial court, the appellate court ruled that ... plaintiff failed to establish a question of material fact concerning defendant's negligence in not using reasonable care to ensure plaintiff a safe work environment.
In Re Matteson Marine: 2012 WL 7110565 (2012), U.S. District Court, Central District of Illinois, Rock Isl
(2012) Represented BNSF Railway Company as co-counsel with Heyl Royster in a case tried before the court sitting in admiralty involving damages occurred when a river barge struck the client's railroad bridge. In its published opinion, the court noted, ...the exemplary quality of the legal representation of the parties in this case. The attorneys were always completely prepared
presented the evidence in a wholly professional manner. While aggressively advocating on behalf of their clients, counsel pursued their advocacy in a highly civil manner. The court awarded damages to BNSF in excess of $690,000.
BNSF Railway Company v. ABC-NACO: Circuit Court of Cook Co., IL (2009) Represented BNSF Railway Company as lead counsel in a three-week product liability trial involving a multimillion dollar claim against the manufacturer of a railroad car part that caused a catastrophic 26-car derailment. After BNSF recovered a large amount in settlement with two defendants, the case was tried against ABC-NACO to a $4.4 million verdict in favor of BNSF. Also served as lead counsel for BNSF on appeal in which the court considered numerous issues including: choice of law (Arizona or Illinois), sufficiency of the proof of a product defect, foreseeability of an intervening cause, admissibility of expert testimony, preservation of evidence, adequacy of the jury instructions
the effect of a prior court order dismissing claims of other defendants pursuant to a settlement. The appellate court held that the judgment was satisfied by the prior settlement with other defendants, but otherwise affirmed the jury's verdict. Burlington Northern v. ABC-NACO, 389 Ill.App.3d 691, 906 N.E.2d 83 (1st Dist. 2009).
Soo Line Railroad Company v. Illinois Tollway Authority: 2016 WL 1215372 (2017) Represented the Canadian Pacific Railway (CP) in a dispute with the Illinois Tollway Authority about the Tollway's plans to build a new toll road through
under CP's Bensenville Yard. CP's suit in the United States District Court for the Northern District of Illinois sought declaratory judgment that the Tollway's attempt to condemn large swaths of CP's yard under state law is pre-empted by the federal Interstate Commerce Commission Termination Act (ICCTA). The matter is stayed before the Seventh Circuit while the suit is before the federal Surface Transportation Board for resolution.
Roth v. Norfalco: Middle District of Pennsylvania (2006) Represented the seller
shipper of sulfuric acid in a claim brought against it by an employee at a paper mill who was seriously burned by acid when attempting to unload the client's tank car. The trial court granted the defendant/client's motion for summary judgment, finding that the plaintiffs' claims that the railroad car was defective were preempted by the federal Hazardous Materials Transportation Act, 49 U.S.C. 5101-5128. The decision was affirmed on appeal in Roth v. Norfalco, 651 F.3d 367 (3rd Cir. 2011).
Schultz v. Metra: 201 Ill.2d 260, 775 N.E.2d 964 (2002) Represented Metra as co-lead counsel on appeal. The main issue before the Illinois Supreme Court was the propriety of using the Illinois Pattern Jury Damages Instruction on pre-existing conditions in a case brought under the Federal Employer's Liability Act, 45 U.S.C. 51 et seq. where controlling federal substantive law differs from state law on the definition of a pre-existing condition. The court held that the pattern jury instruction on pre-existing condition was erroneous.
People of the State of Illinois v. Vulcan Materials, Inc.: Circuit Court of Cook County (2010) Represented the State of Illinois
the Illinois Department of Transportation in a suit against Vulcan Materials, Inc. involving the State's claim that the defendant permanently damaged a one-mile section of historic Route 66, in McCook, Illinois, when over many years it mined rock in its limestone quarry too close to the road. The matter was significant due the public interest that the case generated,
the fascinating historical, engineering,
legal issues involved. Opposing counsel were Dan Webb
Scott Szala of Winston & Strawn. After protracted litigation, the case settled in favor of the State in the amount of $40 million.
CSX et al. v. Combustion Engineering, et al.: U.S. District Court for the Eastern District of Michigan (1992) Represented the Atchison, Topeka & Santa Fe Railroad in claims against the designers, manufacturers
shippers of a large component located on a railroad flat car, for damages
losses sustained when the railroad car derailed, causing a fire
ten square-mile evacuation near Freel
, Michigan on July 22, 1989. After 10 years of litigation, including a binding arbitration hearing, obtained a full recovery for Santa Fe for all claims paid.
Vodak et al., v. City of Chicago, et al.,: U.S. District Court for the Northern District of Illinois (2003) Represented the City of Chicago
numerous Chicago Police Comm
ers
Officers in a class action brought by all people detained or arrested by Chicago Police officers during anti-war protests at the commencement of the Iraq War in 2003. Participated as lead trial counsel in discovery
preparation of a motion for summary judgment that was granted, dismissing all defendants. The trial court's decision is reported at 623 F.Supp.2d 933 (N.D. Ill. 2009).
People v. Roush: 101 Ill.2d 355 (1984) Represented the People of the State of Illinois Lead counsel on brief
in oral argument regarding an order of the Circuit Court of Cook County holding the Illinois Department of Mental Health
Developmental Disabilities in contempt of court for failing to prevent patients found not guilty by reason of insanity from escaping from its facilities. The Supreme Court upheld the appellate court's reversal of the circuit court's order.
People v. Simmons: 93 Ill.2d 94 (1982) Represented the People of the State of Illinois as lead counsel on brief
in oral argument in an appeal from convictions for involuntary manslaughter
armed violence.
People v. Eddmonds: 101 Ill.2d 44 (1984) Represented the People of the State of Illinois as lead counsel on brief
in oral argument in appeal from a murder conviction
imposition of death penalty. The court affirmed the conviction
death sentence.
Rundquist v. BNSF Railway Co.: Circuit Court for the Ninth Judicial Circuit, Knox Co., IL (2012) Represented BNSF Railway at trial in an injury claim brought under the Federal Employer's Liability Act. The jury returned a defense verdict.
Aldis v. City of Chicago: Northern District of Illinois (2013) Defended City of Chicago
Chicago Police officers at trial in civil rights claim. The jury returned a defense verdict.
Aldridge v. Haggerty: Northern District of Illinois (2013) Defended City of Chicago
Chicago Police officers at trial in civil rights claim. The jury returned a defense verdict.
Ciezki v. City of Chicago: Northern District of Illinois (2013) Defended City of Chicago
Chicago Police officers at trial in civil rights claim. The jury returned a defense verdict.
Preston v. City of Chicago: Northern District of Illinois (2014) Defended City of Chicago
Chicago Police officers at trial in civil rights claim. The jury returned a defense verdict.
Wright v. City of Chicago: Northern District of Illinois (2014) Defended City of Chicago
Chicago Police officers in a bench trial in civil rights claim. The judge returned a defense verdict.
Multiple Plaintiffs v. Burge: (2003-11) Represented defendants in notorious civil rights claims involving allegations of torture
forced confessions by the Midnight Crew at Area 2 Chicago Police Headquarters.
