Cases
Significant Cases: Sheffer v. Simmons Airlines (1994) - The plaintiff slipped
fell on ice while walking onthe tarmac at the Springfield airport from the plane to the gate.Numerous attempts at dismissal were denied by the court
the case went totrial. The jury found for the plaintiff
awarded $301,000
foundthe airline 80% at fault
the airport 20% at fault. The airportsettled for its proportional fault. We appealed on behalf of theairline. The fourth district appellate court reversed the trial court,finding that no duty existed because the fall was on a natural accumulation ofsnow
ice
that the airline's original motion for summary judgment shouldhave been granted.
Gill v. Aquino, MD (1993) - The plaintiff underwent abdominal surgery inSpringfield
was discharged. Not feeling better, he sought care withDr. Aquino, his family physician
our client. He ultimately had asignificant complication that required extensive corrective abdominalsurgery. The case went to a jury trial, which found that Dr. Aquino'sdelay in sending the plaintiff back to his original surgeon for follow up wasthe proximate cause of his injuries. The plaintiff was awarded $55,000
found to be 50% at fault for not going back to his surgeon on his ownaccord. The original surgeon
hospital settled before trial for$35,000, therefore the net verdict against the doctor was less than the setoff
the doctor owed nothing on the award. The verdict
comparativefault decisions were upheld by the fourth district appellate court
theIllinois Supreme Court.
Adkins v. Sarah Bush Lincoln Health Center (1989) - A physician had his hospital privilegessuspended in part
not renewed in part. The Illinois Supreme Courtfound that the suspension of the physician was proper because the physician hadnotice of the claims against him
the hospital committee took action that itwas authorized to take under the hospital bylaws. The Illinois SupremeCourt also found that the hospital did not properly follow its bylaws when itdenied the application for privileges renewal, however, that issue was renderedmoot because of the proper imposition of the summary suspension.
Farmer's State Bank
Trust v. Lahey's Lounge (1988) - The plaintiff was killed by a drunk driver
her estate brought suit against the establishments where the drunk driverhad been drinking before the accident. The case was brought under theIllinois Dram Shop Act. The sole damages being claimed were for loss ofdomestic services, loss of society
loss of companionship. The trialcourt granted summary judgment to the defendants because those elements of losswere not recoverable under the Act. The fourth district appellate courtaffirmed, finding that elements of loss are limited to those in the Act
theelements of loss were not compensable under allowed loss of means of support.
Crouse v. Benning (2012) - Our client was involved in a rear endcollision with the plaintiff. She filed suit for personal injury
thecase went to trial in Sangamon County. Our defense was that, despite thefact that this was a rear end collision, the plaintiff failed to signal apending turn as a traffic control device turned green
that as a result ofthat failure the plaintiff either was solely at fault for the collision or morethan 50% at fault so that her recovery would be barred. The jury returneda defense verdict. The fourth district appellate court affirmed thedefense verdict. The plaintiff's petition for leave to appeal to theIllinois Supreme Court was denied.
Koch v. Edge Elevator (1999) - The petitioner in this workers' compensationcase worked with his son erecting pole buildings for farmers
ruralbusinesses. Edge Elevator hired the petitioner to frame
erect a polebuilding on its premises. During construction the petitioner sustained asevere back injury that required surgery
an inability on his part to returnto work. The petitioner claimed that he was not an independent contractorof Edge Elevator, but was under Edge Elevator's control so that it wasresponsible for the injury under the worker's compensation act. Thearbitrator found in favor of the petitioner
issued an award worth over$250,000. The appellate court, workers' compensation division, ultimatelyreversed the decision
agreed with Edge Elevator that the facts showed thatthe petitioner was an independent contractor
not under Edge Elevator'scontrol. The award was vacated
the claim denied.
