Mine Safety and Health Administration (MSHA) Cases
Currently representing manufacturer of mining equipment in a wrongful death action.
First-Party Insurance Claims
Currently representing insurance company in breach of contract and breach of fiduciary duty claims.
Product Liability Cases
Jacobs, et al. v. Landscape Structures, Inc., Northern District, IL
Represented playground equipment manufacturer in cases brought by four minors claiming injury from use of a recalled product. Settlement.
Associated Milk Producers Inc. v. Atlas Copco Compressor, et al., Case No. 08-CV-06-1040 (Brown County, MN)
Represented air compressor manufacturer in suit brought as a result of fire to plant allegedly caused by defective equipment. Produced engineers in Europe for deposition in the case. Settlement.
Richardson v. Dynapac, et al., Case No. 07 L 10124 (Cook County, IL)
Represented manufacturers of road paving machine and portable fuel tank which was involved in the death of a worker. In this product liability suit, a favorable settlement was reached after depositions of engineers of foreign manufacturer demonstrated that machine and tank were properly grounded and that cause of spark was an improperly installed fuel pump.
Russell King v. Joslyn Clark Controls, et al., Case No. 07 L 2258 (Cook County, IL)
Represented electrical control panel manufacturer in suit alleging electrocution during installation of panel. Evidence revealed that plaintiff did not properly install the panel. Settlement for nominal amount.
Doyle Sappington v. Rental Service Corporation, Case No. 04-5076-CV-W (Kansas City, MO)
Represented the lessor of a scissor lift in suit brought as a result of the lift tipping and causing worker’s death. A favorable settlement was reached for client after evidence demonstrated that client had complied with ANSI requirements for lessors of equipment.
Knabe v. US Can Company, et al., Case No. 03 L 012069 (Cook County, IL)
Represented aerosol can manufacturer in claim brought by parents of minors seeking damages for burns caused when can ruptured and fire ensued. Discovery revealed that can manufacturer offered thicker cans to customer, which were not purchased. Settlement.
McFarling v. Norfolk and Western Railroad Co., et al.
Represented manufacturer of pneumatic tool to anchor railroad ties after worker sustained severe eye injury resulting in blindness. A favorable settlement for the client was reached after evidence demonstrated that employer had not properly trained employee on tool and did not supply tool instructions to worker.
Enriquez v. Landscape Structures, Inc, et al., Case No. 06 L 12229 (Cook County, IL)
Represented playground equipment manufacturer in suit brought by minor plaintiff claiming a brain injury as a result of falling from playground equipment. Evidence revealed that the co-defendant Park District had removed playground equipment from the park, leaving structural mounts under the protective surfacing. Park District also disposed of playground equipment prior to suit. Dismissal.
Represented manufacturer of a home water heater in a lawsuit claiming severe injuries and death from hot water. Jury verdict in favor of plaintiff. Court prohibited the introduction of punitive damages. Case is on appeal.
Commercial Litigation Cases
Represented Napa Valley, California winery in a sales contract dispute. Our client retained a national sales agent who agreed to purchase a set amount of wine from our client, but failed to live up to the terms of the agreement. Arbitrator returned an award in favor of our client.
Represented can manufacturer in arbitration brought by food company claiming that purchase agreement allowed buyer to obtain non-BPA cans for a low cost. Buyer claimed $30,000,000.00 in damages if it was required to pay higher price for cans. Arbitrator decided case in can manufacturer’s favor. The buyer will have to pay the higher cost associated with the enhanced can.
Boos/Rasmussen v. Chicago Pneumatic Tool Company, Case No. 02-2-16730-6SEA (Seattle, WA)
Represented manufacturer of pneumatic tools in product liability class action brought by glass shop workers. Workers claimed that the tool used to replace windshields and car windows resulted in injuries to hands and arms. Jury verdict. No damages were awarded to the class representatives.
Martinez v. American Coatings Corp., et al., Case No. No. 00 L 13340 (Cook County, IL)
Represented employer in third party action brought as a result of twelve employees injured during asbestos removal project. Defendants chemical manufacturer and general contractor settled case. No waiver of workers compensation lien. Plaintiffs paid portion of total workers compensation liens out of settlement funds.
Nursing Home Cases
Kenneth Behr v. Maplewood Nursing Home, Case No. 00 LK 164 (Kane County, IL)
Billy Davis v. Dogwood Healthcare Center, Case No. 98 L 88 (DeKalb County, IL)
Winnie Mae Johnson v. Locustwood Healthcare Center LLC, Case No. 00 L 405 (Winnebago County, IL)
Linda Hendricks v. Senior Living Properties, Case No. 03 L 008995
Darryl Trexler v. Senior Living Properties, Case No. 03 L 22 (Union County, IL)
Representation of various nursing homes in the Chicagoland area for claims of neglect to residents. The cases were resolved after extensive discovery and the filing of a bankruptcy by the parent corporation.
Patricia Rzepiela v. Med-Team Inc., et al., Case No. 95 L 1688 (Cook County, IL)
Represented private paramedic group in case brought by CBOE trader after he fainted at work. Discovery revealed that decedent had deep vein thrombosis and had thrown a pulmonary emboli resulting in his death. Favorable settlement for client as paramedic outfit was contracted for only Basic Life Support.