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General Negligence Representative Cases

  • Secured a defense verdict in a premises liability case in Federal Court before Judge Matthew Kennelly. Plaintiff alleged he had tripped over some red buckets in the aisle of a national retailer’s store, which he could not see because of the presence of another shopper. Plaintiff also argued that a nearby employee should have seen the buckets and picked them up. Plaintiff claimed to have injured his shoulder, hip and elbow. Plaintiff asserted that his superior labrum (shoulder joint) and subscapularis tendon (rotator cuff) were torn. Johnson & Bell disputed the nature and extent of the injuries. Defense and its expert denied there were tears in the rotator cuff or superior labrum, despite those tears having been noted on the radiology report, and denied that the fall aggravated plaintiff’s degenerative arthritis. The jury returned a verdict in favor of the national retailer.
  • Obtained a favorable result for a national restaurant chain in a premises liability case. Plaintiff claimed Complex Regional Pain Syndrome (CRPS) stemming from a fall inside a restaurant which occurred while plaintiff, a 39-year-old beer delivery man, was transporting 2 kegs of beer plus a cylinder of beer (300 + lbs.) up a ramp inside the restaurant. Plaintiff and his wife claimed that plaintiff was unable to find employment since the date of the occurrence and that he lived with constant pain and required a cane to walk. Plaintiff's attorneys asked the jury to award damages in excess of $2.8 million. Plaintiff argued that the slip-and-fall accident was caused due to water that the restaurant manager admitted that he tracked in from outside after shoveling snow and that he did not clean up prior to the time plaintiff attempted to enter the restaurant. The defense argued that plaintiff was contributorily negligent for transporting the 2+ kegs of beer up a ramp, backward, in inclement weather, in violation of his employer's policy which prohibited the transport of more than one keg at a time for safety reasons. The restaurant also filed a third-party action against plaintiff's employer for failing to properly train and supervise plaintiff. At the conclusion of trial, the jury awarded plaintiff $200,000. This was reduced to $100,000 based upon the jury's finding that plaintiff was 50% contributorily negligent. As to the third-party claim, the jury found that plaintiff's employer was 30% negligent, thus the employer will have to contribute $30,000 to plaintiff's judgment. Prior to trial, plaintiff demanded $6 million to settle the case.
  • Obtained a very favorable outcome in a three-day jury trial in Federal Court in Indiana. The case involved a 65-year-old woman who took one step out of her car in a parking lot of a national retail pharmacy chain and fell, fracturing her femur, which required surgery, insertion of a plate and 12 screws. Additionally, plaintiff required nursing home care after her release from the hospital. The incident was captured on a store surveillance camera which was played for the jury. Plaintiff, in closing, asked the jury to return a verdict in the amount of $961,000. The jury took two and a half hours and returned a verdict of $75,000 -- less 50 percent fault on the plaintiff -- leaving the plaintiff with $37,500. Prior to trial, plaintiff’s counsel advised they wanted $500,000 to settle.
  • Successfully defended newspaper publisher and distributor at trial in suit alleging fractured ankle as a result of a fall while collecting newspaper delivered to the home.
  • Represented a company providing private medical services to stock trading floor.  Trader claimed that paramedic failed to provide Basic Life Support (BLS) pursuant to Illinois Emergency Medical Services Act and Chicago EMS System Standing Medical Orders.
  • Represented an owner of nursing homes in Illinois against claims of abuse, neglect and other violations of the Illinois Department of Public Health.
  • Received a summary judgment on behalf of gun manufacturer in suit alleging inadvertent discharge of gun resulting in injury to bystander. Suit claimed gun lacked safety device to prevent accidental discharge if the gun was dropped, however the plaintiff could not demonstrate that the client distributed the gun in Illinois.
  • Defended individuals and company employees in motor vehicle accident claims.  Also represented motor vehicle insurance companies in underinsured and uninsured motorist claims.
  • Represented national department store chain in litigation involving customers injured from escalator and elevator malfunctions.
  • Represented retailer/product distributor in a wrongful death case where product allegedly caused a home fire and represented the product distributor in other flammable fabrics and cosmetic actions involving severe burns.
  • Garnered a not-guilty award in a Cook County mandatory arbitration on behalf of a national retailer, in a case in which the plaintiff alleged a chair on display was defective and the chair broke underneath a customer on the premises resulting in permanent injuries.
  • Obtained summary judgment on behalf of a national retailer client that operated a store in a strip mall where a customer was struck by a car walking out of the store.  The customer claimed the store did not properly define ingress and egress area for patrons.
  • Represented a national retailer in premises liability slip and fall. Obtained summary judgment over the plaintiff’s allegations of excessive floor polishing.

Johnson and Bell

Johnson and Bell