Verdicts & Settlements

 A.    Medical and Hospital Malpractice

Mason v. Palos Community Hospital, et al., Circuit Court of Cook County, Illinois:  The minor plaintiff suffered brain damage when he was discharged from the defendant hospital at twenty hours of life, even though he was not adequately feeding and appeared to be jaundiced.   The plaintiff reached a $3.5 million dollar settlement at trial with the Hospital.  The jury returned a verdict for the defendant doctors.

Ballard v. Loyola Medical Center, Circuit Court of Cook County, Illinois: Death case involving failure to diagnose a ruptured appendix. The jury found in favor of the hospital and attending physician on liability.

Taylor v. Jensik, Circuit Court of Cook County, Illinois: Wrongful Death and Survival case involving the failure to diagnose a ruptured appendix.  The jury returned a verdict for the plaintiffs for $2,368,000.

Price v. Haydary, Circuit Court of Cook County, Illinois: Wrongful Death case involving obstetrical malpractice. Plaintiff contended at trial that plaintiff should have received a c-section when she presented at the hospital with a double footling breech. Several hours later the cord prolapsed and the baby was asphyxiated, dying several days later. The jury awarded a verdict for the plaintiff in the amount of $750,000. 

Glassman v. St. Joseph Hospital, Circuit Court of Cook County, Illinois:  Surgical and Post-Surgical Malpractice following heart bypass surgery. The patient suffered nineteen post-surgical seizures in the ICU that caused permanent brain damage. After an eight-week trial, the jury found for the plaintiff against the hospital and awarded $51,000 in damages. The jury also found against the plaintiff and in favor of the heart surgeons. The case was affirmed on appeal. 

Hyman v. Hora, Circuit Court of Cook County, Illinois: Orthopedic malpractice arising out of total hip replacement surgery on a teenager. The jury returned a defense verdict for the doctor on liability.

Miller v. Smith, Circuit Court of Cook County, Illinois: Orthopedic malpractice arising out of knee replacement. The first trial ended with a deadlocked jury. The retrial ended with a plaintiff's verdict for $16,000.

 

 

B.  Legal Malpractice

Maria v. Suzan Pearlstein, Superior Court of Maricopa County:  Case Settled

Weisman v. Schiller, DuCanto & Fleck, Circuit Court of Cook County, Illinois: Plaintiff filed this legal malpractice action in the Circuit Court of Cook County against the SCHILLER firm.  That defendant filed a motion to dismiss the legal malpractice complaint arguing, inter alia, that the Lake County attorney fee judgment barred the Cook County legal malpractice action under the doctrines of res judicata or collateral estoppel.   The Circuit Court of Cook County granted defendant’s motion to dismiss the Complaint based on defendant’s preclusion arguments.  This Court, however, rejected those preclusion arguments and therefore reversed and remanded this case for jury trial.  Weisman v. Schiller, DuCanto & Fleck, 314 Ill. App. 3d 577, 580 (1st Dist. 2000).

On remand, at the trial of this legal malpractice case, plaintiff contended that she should have or would have received a greater property division, and a greater maintenance award, had her former divorce attorneys prepared the property and maintenance parts of the case for trial before discovery was closed. The jury returned a verdict for the defendant that was affirmed on appeal.   Weisman v. Schiller, DuCanto & Fleck, 368 Ill. App. 3d 41, 856 N.E.2d 1124 (1st Dist. 2006).

C.  Products Liability            

Chesek v. Look Cycle International, Circuit Court of Kane County, Illinois:  The trial in this product liability case, involving clipless pedals on a bicycle, ended with a jury verdict for the defendant, that was affirmed on appeal.   

Inman v. Ryder Automotive Operations, Inc., et al., Circuit Court of Cook County, Illinois:  The trial in this product liability case ended with a jury verdict for the plaintiff in the amount of $449,880.76.   The case involved a driver of auto hauler trailers who was injured when he securing or tying down a new car to the trailer.  The ratchet that is used to tighten the chain slipped, resulting in an upward jerk of the tie down bar that the driver was using to tighten the chain.  The driver suffered a herniated disc and underwent fusion surgery.  The defense settlement offer was $35,000. 

D.  Personal Injury

Mendoza v. Mountainside Fitness, Superior Court of Maricopa County:  Case settled.

Faust v. City of Highland Park, et al., Circuit Court of Lake County, Illinois: Auto accident between car and school bus. The auto driver and obtained a $40,000 verdict against the school bus driver and the municipality.

E.  Business and Commercial Litigation

Stetson Street Land Partners v. Delaney, Circuit Court of Cook County:  The firm represented the plaintiff real estate partnership against one of its partners.  The case alleged that the partner diverted corporate opportunities of the partnership relating to the development of a downtown Chicago property into a hotel.   After the plaintiff prevailed at an evidentiary hearing on a preliminary injunction, the case was settled.    

Schiff v. Arrow Chevrolet, Inc., Circuit Court of Cook County: We represented the plaintiff, a 20% shareholder in the defendant car dealership, in a shareholder’s suit against the principal owner and the dealership alleging oppression of minority shareholders and breach of fiduciary duty.  The case involved emergency TRO proceedings, and a four-day evidentiary hearing on the motion for a preliminary injunction.  The trial judge entered the preliminary injunction for the plaintiff.  The case went to trial, and the trial judge entered judgment in favor of the plaintiff for more than $1,000,000.  The case settled shortly after defendants appealed.  

Schuman v. Arrow Chevrolet, Inc., Circuit Court of Cook County, and Arrow Chevrolet, Inc. v. Riley, Case no. 84907, Supreme Court of Illinois. We represented the plaintiff, a 25% shareholder in two car dealerships in a shareholder’s suit against the principal owner and the dealerships.  The case involved emergency TRO proceedings, an emergency appeal to the appellate court, which resulted in the entry of a TRO in favor of my client, and a two-day evidentiary hearing on the motion for a preliminary injunction.  The trial judge entered the preliminary injunction for the plaintiff.  The defendants also initiated an original mandamus or supervisory order proceeding in the Supreme Court of Illinois.  After all of those proceedings, the case settled for what amounted to a $1,250,000 settlement.

Lozman v. Archipelago, Circuit Court of Cook County:  We represented the plaintiffs seeking to establish that they originated and conceived the business that ended up as the nation's first totally open all-electronic stock exchange trading 100% of listed and OTC stocks in the U.S. (www.archipelago.com), and various electronic day trading businesses.  Part of the case has already been litigated on appeal, and sent back to the circuit court for further proceedings. 

In re F/S Airlease 11, Inc., United States Bankruptcy Court (1986):  We represented an administrative claimant in this adversary proceeding in the bankruptcy court. The bankruptcy judge entered a $450,000 judgment after a trial. F/S Airlease 11, Inc. v. Simon, 59 B. R. 769 (Bkrtcy. W. D. Pa. 1986). (See further discussion in the appellate case section).

    II.   Defense Cases

            A.     Commercial Cases

Hub v. Lowis, Circuit Court of Cook County, Illinois: Plaintiff became a limited partner in defendant's various real estate ventures. She also cohabited with defendant for eight years. She filed a chancery action seeking an accounting of profits from the real estate ventures and contended that a verbal agreement existed with defendant, my client, to share those profits on an equal basis. Defendant's original mandamus petition in the Supreme Court of Illinois, arguing that Illinois did not recognize palimony claims, was denied. The trial judge held a bench trial and entered a judgment for the defendant.  No appeal was taken.

Strasser v. Kastil, U.S. District Court, Phoenix, Arizona. We represented the defendant-purchasers of a luxury home in Paradise Valley, Arizona. The builder sought $106,000 for extras.  After a one-week jury trial, the jury found for the builder against my clients. I filed a post-motion that was denied. The case was settled on appeal.

J.M. Woolems, Inc. V. Kastil, Circuit Court of Palm Beach County, Florida. We defended this construction case in Palm Beach County, Florida. My clients purchased a luxury home there and retained the plaintiff-contractor. The contractor sought an additional $150,000 for extras. After a bench trial, the judge found for the defendants on the complaint and also found for my clients on their counterclaim alleging poor workmanship. (See discussion of appellate affirmance in the reported case section).

 B.     Divorce Cases

In re the Marriage of Wendland, Circuit Court of Cook County, Illinois. We represented the wife during this ten-day trial involving the valuation and division of her husband's real estate development business. The trial judge awarded her a substantial portion of that business despite the claim that it constituted non-marital property and that the marriage only lasted four years.

 (Cases where we alternated witnesses before the jury and made opening statement and closing argument on liability)

Leek v. Rockford Memorial Hospital, Circuit Court of Cook County, Illinois. Obstetrical Malpractice case alleging that the hospital and obstetrician failed to perform an emergency c-section when fetal distress was present. Baby was born with severe brain damage and spastic quadriplegia. Plaintiff reached a $1,800,000 settlement with the defendants during the hearings on motions in limine, just prior to the selection of the jury. We deposed the parties, numerous occurrence witnesses and the defense experts.

Darsch v. Lutheran General Hospital, et al., Circuit Court of Cook County, Illinois. Obstetrical and Neonatal Malpractice case alleging that the hospital and obstetrician failed to perform an emergency c-section when fetal distress occurred following the insertion of an intrauterine pressure catheter to monitor contractions. Baby was born with severe seizures and blood loss.  Plaintiffs also alleged that the residents in the Neonatal Intensive Care Unit failed to transfuse the baby, resulting in brain damage. Plaintiff reached a $5,200,000 settlement with the defendants after six weeks of trial, at the conclusion of the plaintiff's case-in-chief.

Ailey v. Northwestem Memorial Hospital, et al., Circuit Court of Cook County, Illinois. Obstetrical Malpractice case contending the use of forceps during delivery caused the plaintiff to suffer brain injury. After a two month trial the jury returned a defense verdict for all defendants.  

Estate of Waldack v. Northwestem Memorial Hospital, et al., Circuit Court of Cook County, Illinois.  Wrongful death case following brain surgery. Plaintiff contended at trial that the brain surgeon lacerated the carotid artery with the laser during the surgery, resulting in post-operative exsanguination. The jury returned a verdict for the plaintiff in the amount of $300,000. After the trial judge granted plaintiff's post-trial motion for a new trial due to defense counsel's prejudicial closing argument, the case was settled for $1,000,000. 

Davis v. Chicago Osteopathic Hospital, et al., Circuit Court of Cook County, Illinois Obstetrical Malpractice case contending that a c-section should have been performed due to fetal distress. The jury was deadlocked after three weeks of trial. The case was settled before the retrial for $600,000. 

Taylor v. West Suburban Hospital, et al., Circuit Court of Cook County, Illinois. Wrongful Death and Survival case involving the failure to diagnose a ruptured appendix. The case initially went to trial against numerous defendants, including the attending nephrologists, infectious disease specialist, the attending surgeon and the hospital. A mistrial was declared after the jury was deadlocked. The plaintiffs then reached a $540,000 settlement, before a retrial, with all of the defendants except the surgeon We retried the case against the surgeon (Taylor v. Jensik) as discussed above.

 (Did not examine witnesses or examined one witness and did not make any part of the opening statement or closing argument)

Proctor v. Upjohn Co., Circuit Court of Cook County, Illinois.  Assisted trial counsel, Barry D. Goldberg, and made the oral and written arguments in chambers on the issue of punitive damages. I also drafted the jury instructions and participated in the instruction conference. I did not examine any witnesses or argue before the jury. The jury's verdict of $127,000,000 was one of the largest verdicts in the history of Illinois.

Granados v. Harney, et al., Circuit Court of LaSalle County, Illinois. Assisted my partner, Peter D. Kasdin, with the representation of the plaintiffs in the ten-week trial of this pediatric malpractice action. The minor plaintiff entered the hospital as a normal one year-old with a high fever. He began to experience seizures and respiratory arrest. Plaintiffs contended the lack of treatment caused his spastic quadriplegia. The defense contended the minor contracted Reye's Syndrome. An evidence deposition of a treating nurse that I took during trial was read to the jury. I argued the in limine motions, argued evidentiary issues, prepared the jury instructions and conducted the instruction conference. I did not examine any witnesses in front of the jury. Peter made the opening statement and the closing arguments. The jury returned a plaintiffs' verdict for $10,800,000.

Dugan v. Sears, Roebuck and Co., et al., Circuit Court of Cook County, Illinois. Assisted Peter D. Kasdin with the defense of this products liability trial involving allegations that a lawnmower was unreasonably dangerous and caused a minor to lose an eye when the mower picked up a foreign object and propelled it toward the minor. The jury returned a verdict for our clients, the defendants.

Younger v. Thomas International Co., Circuit Court of St. Francis County, Arkansas. Firm was one of three co-counsel for defendant before and at trial in this class action suit by plant employees to recover severance pay upon the sale of the plant. The judge in this bench trial entered a judgment for the defendant. I examined one witness at trial and assisted with all other trial and discovery matters.