Law Division Jury Trial Experience

1. Lisko v. The Metropolitan Club of Chicago, Inc., et al., Court No. 08-L10952.  Tried December 6, 2010 through December 15, 2010 in front of the Honorable Claire McWilliams.  Mr. Phelan represented The Metropolitan Club of Chicago, a private social club in downtown Chicago, Illinois, after the plaintiff was thrown off a treadmill while working out at the club.  The Plaintiff claimed that the spacing between treadmills violated industry standards, and was seriously injured and sustained medical bills of approximately $135,000.  The Plaintiff’s pre-trial demand was $850,000, and at the beginning of trial the court recommended a settlement of $500,000.   After an 8-day jury trial, the Plaintiff asked the jury for $1.1 million.  After the jury found the Plaintiff 40% comparatively negligent, they returned a verdict against Mr. Phelan’s client in the amount of $50,100.
   
2. General Casualty Insurance Company as subrogee of Tip Top Builders, Inc. v. Gutman Enterprises, Inc., et al., Court No. 09-L-14009, (refiled after appeal from 02-L-15737).  Tried September 16, 2010 through September 29, 2010 in front of the Honorable Alexander White.  Mr. Phelan represented Gutman Enterprises after a sprinkler pipe burst on the 30th floor of a high-rise penthouse condominium at 1418 North Lake Shore Drive in Chicago, Illinois.  In 1998, Gutman Enterprises was hired by Tip Top Builders, a general contractor, to re-work and reconfigure the fire suppression system in the penthouse unit as part of an overall renovation of the unit.  On January 14, 1999, one of the fittings of the fire suppression system on the 30th floor burst, flooding the entire building.  General Casualty, as the insurance carrier for Tip Top Builders, settled all of the individual unit owners claims for property damage, which totaled over $7 million, for approximately $3.6 million, and reserved its contribution action against Gutman Enterprises.  At the conclusion of the two-week jury trial, General Casualty asked the jury for contribution for its previous $3.6 million settlement with the original plaintiffs in an amount between $2 million and $2.7 million.  The jury returned a verdict in favor of Gutman Enterprises, finding it 0% at fault, and awarding the contribution plaintiff no money.  For a copy of the Jury Verdict Reporter, click here.
   
3. Continental Casualty Company as subrogee of Terry Malegoli v. Mohammed Chohan and Checker Taxi Association, Inc.  Court No. 08-L-11055.  Tried June 21, 2010 through June 24, 2010. in front of the Honorable James O’Gara.  Mr. Phelan represented Checker Taxi Association, Inc. and its driver, Mohammed Chohan, in defense of a serious personal injury accident that occurred on January 5, 2006.  On that date, Mr. Chohan was involved in an automobile accident with Terry Malegoli at the intersection of LaSalle Street and Kinzie in Chicago, Illinois.  As a result of the impact, Mr. Malegoli’s vehicle was pushed onto the sidewalk, and seriously injured a pedestrian, Megan Pope.  Ms. Pope ultimately filed suit against both Mr. Malegoli and Checker Taxi Association for her injuries, and the insurance carrier for Mr. Malegoli, Continental Casualty Company, settled Ms. Pope’s claim for $1.5 million, and properly maintained his contribution action against Checker Taxi and Mr. Chohan.  A jury trial proceeded on Continental Casualty Company’s contribution action.  The contribution plaintiff’s pre-trial demand was $200,000 with a $50,000 offer.  At the conclusion of the 4-day jury trial, the contribution plaintiff asked the jury to apportion 50% of the fault of the accident to Checker Taxi and Mr. Chohan, and requested a verdict be returned in the amount of $750,000.  After deliberating for approximately an hour, the jury returned a verdict in favor of Mr. Phelan’s clients, finding Check Taxi and Mr. Chohan 0% at fault for the accident, and awarding no money to Continental Casualty Company.  For a review of the Jury Verdict Reporter, click here.
4. Gjojdeshi v. Wat Bhatti Corp. and Waquar Bhatti, Court No. 07-L-4903.  Tried May 17, 2010 through May 19, 2010 in front of the Honorable John Grogan.  Mr. Phelan represented Wat Bhatti Corp., and its taxi driver, Waquar Bhatti, in defense of a personal injury action in connection with a traffic accident.  The Plaintiff claimed he suffered a cervical disc herniation with the need for a surgical fusion.  The Plaintiff incurred approximately $20,000 in past medical and wage loss at the time of trial, and both of his treating physicians opined the need for a future cervical disc fusion in the amount of approximately $97,000.  Plaintiff’s pre-trial demand was $300,000, and after the 3-day jury trial, the Plaintiff asked the jury for approximately $317,000 in damages.  After finding the Plaintiff 40% comparatively negligent, the jury awarded the Plaintiff $36,198.  For a copy of the Jury Verdict Reporter, click here.
5. Wagner v. Century Climate Control, et al.  Court No. 06-L-54 (Grundy County).  Tried October 19, 2009 through November 3, 2009 in front of the Honorable Robert Marsaglia.  The Plaintiff, Robert Wagner, brought a personal injury lawsuit as well as a construction defect claim against the general contractor and several subcontractors in connection with construction of his custom built, single family home in Mazon, Illinois.  Mr. Phelan’s client, Century Climate Control, was the insulation subcontractor for the project.  Shortly after the Plaintiff moved into his home in May 2002, he complained of breathing problems.  In April 2004, several areas of the home were opened up, and moisture and mold was identified throughout the home.  The Plaintiff ultimately filed suit against the general contractor and several subcontractors, including Century Climate Control, claiming all were responsible for the improper construction of his home which led to moisture intrusion, mold contamination, and personal injuries consisting of a permanent asthmatic condition as a result of inhalation of mold spores.  Prior to trial, the general contractor and one subcontractor settled out, and the case was tried to verdict against Century Climate Control and one other subcontractor.  The Plaintiff’s pre-trial demand was $1.9 million, after the 2-1/2 week jury trial, the Plaintiff asked the jury for a verdict of $1.5 million.  After 6 hours of deliberating, the jury returned a verdict in favor of both Century Climate Control and the co-defendant, and against the Plaintiff.  For a copy of the Jury Verdict Reporter, click here.
   
6. Solava v. Egan.  Court No. 03-L-8386.  Tried March 6, 2007 through March 8, 2007 in front of the Honorable Jennifer Duncan-Brice.  Mr. Phelan represented Shea Egan in defense of a personal injury action filed by Robert Salava in connection with an automobile accident in Evanston, Illinois which occurred on August 13, 2001.  The Plaintiff, a City of Evanston police offer, was responding to an emergency call in connection with his job as a City of Evanston police officer while on duty and was struck by Mr. Egan’s vehicle.  The Plaintiff sustained serious injury to his wrist that was not in contention, which required two surgeries.  He sustained approximately $46,000 in past medical bills and wage loss.  Prior to trial, Plaintiff’s pre-trial demand was $250,000 and Mr. Phelan’s final offer settlement offer was $30,000.  After a 3-day jury trial, the jury returned an award in favor of Mr. Egan, and against the Plaintiff.  For a copy of the Jury Verdict Reporter, click here.
   
7. Houston v. Klaucens, Court No. 00-L-7110.  Tried August 14, 2003 through August 20, 2003 in front of the Honorable Sharon Coleman.  Mr. Phelan represented Nicole Klaucens defense of a personal injury action in connection with an automobile accident which occurred on December 25, 1998 in Gurnee, Illinois.  Ms. Klaucens failed to stop at a stop sign, and collided with the Plaintiff, who had the right of way.  During the accident, the Plaintiff’s vehicle flipped over three times and was thrown off the road.   The Plaintiff sustained a serious permanent left shoulder injury resulting in surgery as well as significant time off of work.  The Plaintiff’s last pre-trial demand was $350,000, and Mr. Phelan’s final offer was $75,000.  After a week jury trial, the Plaintiff asked the jury for $580,000 to $605,000, and the jury awarded $71,400 to the Plaintiff.  For a copy of the Jury Verdict Reporter, click here.
8. Davis v. Dolphin Cartage, et al., Court No. 99-L-9838.  Tried September 30, 2002 through October 4, 2002 in front of the Honorable Daniel Locallo.  Mr. Phelan represented Dolphin Cartage in defense of a personal injury transportation accident which occurred between Dolphin Cartage’s truck and the Plaintiff’s vehicle.  On August 5, 1998, Robert Graf, while driving Dolphin Cartage’s truck, rear-ended the Plaintiff, and the Plaintiff claimed various injuries as a result of the accident, including a lumbar disc herniation, carpal tunnel syndrome, left ankle impingement, and psychological damage.  The Plaintiff claimed medical specials were approximately $75,000, and Plaintiff’s pre-trial demand was $1 million.  Mr. Phelan made no offer, and at the conclusion of the one-week jury trial, the Plaintiff asked for an amount of $700,000.  After a week long jury trial, the jury returned a verdict in favor of the Plaintiff, but only awarded $3,335. For a copy of the Jury Verdict Reporter, click here.
9. Baricza v. ATF Inc., d/b/a Accurate Threaded Fastener, Court No. 98-L-5007.  Tried October 26, 2001 through November 1, 2001 in front of the Honorable Richard Berland.  Mr. Phelan represented ATF in defense of a personal injury action relating to an accident the Plaintiff had at ATF’s facility on January 8, 1998.  On that date, the Plaintiff, an HVAC worker, was called to the Defendant’s business to perform repair work on the roof of the building.  While accessing the roof through a roof hatch, the roof hatch collapsed, throwing the Plaintiff to the ground, causing serious personal injuries.  The Plaintiff claimed an inability to return to his line of work, and retained an economist who opined at trial that the Plaintiff’s past and future wage loss was over $1 million.  The Plaintiff’s Pretrial demand was $3 million, and Mr. Phelan’s final offer was $300,000.  At trial, the Plaintiff asked the jury for an award of $1,620,000.  After a week long jury trial, the jury awarded the Plaintiff $267,330.  For a copy of the Jury Verdict Reporter, click here.