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Johnson & Bell, Ltd. Announces the Formation of its Mediation Practice Group William V. Johnson is co-founder and President of Johnson & Bell. For more than 30 years, Mr. Johnson has enjoyed a reputation as one of Illinois’ finest trial attorneys. He has represented clients in all types of catastrophic injury, mass tort, commercial liability, professional liability, and trade secrets cases during his distinguished career. Mr. Johnson’s vast experiences render him uniquely qualified to mediate diverse disputes ranging from simple commercial matters to multi-million dollar medical malpractice cases. John W. Bell is co-founder and Vice President of Johnson & Bell. Mr. Bell has tried several high profile product liability and catastrophic tort cases that have earned him recognition as one of Chicago’s finest tort lawyers by Chicago Lawyer magazine. Mr. Bell has participated in the mediation and resolution of hundreds of product liability and catastrophic tort cases that have provided him with a keen understanding of the common and uncommon problems faced by litigants in these types of disputes. Brian C. Fetzer is treasurer and Vice President of Johnson & Bell. Mr. Fetzer concentrates his practice in healthcare and product liability law and has mediated a number of cases. Mr. Fetzer has been recognized by his peers as a successful trial attorney with an AV-rating from Martindale-Hubbell. As a mediator, Mr. Fetzer offers his impartial perspective as a participant in hundreds of litigation matters involving healthcare and product liability claims.
Appellate Court Affirms Jury Verdict Mr. Torres testified at trial that he had slipped and fallen at the apartment building owned by Midwest Development because of an unnatural accumulation of ice and snow which plaintiff claimed was caused by defects in the building. Torres alleged that the defects included a faulty roof which allowed water to seep into the porch area of the apartment building and freeze on steps leading into plaintiff’s apartment. In support of his position Mr. Torres offered the testimony of Michael Eiben, a licensed architect with over thirty years experience, who was prepared to testify that the repairs performed to the roof of the building a year or so before the accident had failed to stem the flow of water into the porch area. Eiben was also prepared to testify that the roof was pitched incorrectly and was serviced with inadequate drains, which defects contributed to the “ice-damming” and seepage which caused plaintiff’s fall. Goken and Hoyne were hired by Midwest’s insurance carrier several months before trial and just weeks before the deposition of Mr. Eiben. Their deposition of Eiben revealed that the architect’s methodology was faulty and that he had no factual basis for the opinions which he had formulated. Goken and Hoyne presented a motion in limine to bar Eiben from testifying at trial and that motion was granted by the trial court on the day trial commenced. The jury deliberated two and one half hours before returning a defense verdict. On appeal plaintiff’s attorney argued that the trial judge had abused her discretion when she barred Eiben from testifying. The appellate court rejected plaintiff’s argument. Citing the “general acceptance” test set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) and Donaldson v. Central Illinois Public Service Co., 199 Ill.2d 63 (2002), the court found that Michael Eiben’s testimony was properly barred because his opinions were not held to a reasonable degree of architectural or scientific certainty. Citing the recent Illinois Appellate decision in Petraski v. Thedos, No. 1-06-2916 (1st Dist. 2008), the court further noted that “a party must lay a foundation sufficient to establish the reliability of the basis for the expert’s opinion”. The appellate court found that plaintiff had failed to lay such a foundation with regard to the proferred testimony of Mr. Eiben. No further appeals are anticipated. Successful Defense on Alleged Breach of Contract Case The case arose from a fire that took place at the residence which the plaintiff shared with 6 other family members. The plaintiff and another adult family member were named insureds under the policy. The named insureds made a claim against State Farm for damages to the personal property items in the home. Following its investigation, State Farm denied the claim pursuant to the policy's concealment or fraud provision. At trial, the plaintiff argued that she did not make any misrepresentations in the claim, and that any misrepresentations were solely attributable to the other named insured. The plaintiff asked the jury to award her $170,679.45 in damages. At trial, Ms. Knapp argued that the plaintiff's claim was properly denied pursuant to the concealment or fraud provision of the insurance policy and that both insureds misrepresented the value, existence, quantity, and salvagibility of the personal property items in the claimed loss in violation of the policy's terms. Ms. Knapp concentrates her practice in insurance coverage, employment law, and business litigation. To learn more about this case or about her practice, please contact Ms. Knapp at (312) 984-0275 or knappm@jbltd.com. Summary Judgment Gained for J&B Client Mr. Derwinski filed a motion for summary judgment in which he argued his client could not be held liable for plaintiff’s injuries since a defendant does not owe a duty if the defendant does not control or intend to control the land in question. Mr. Derwinski also argued that the foreseeability of injury, the magnitude of the burden of guarding against that injury and the consequences of placing that burden on the defendant are crucial in imposing liability. After extensive discovery and filing of the motion the court agreed and entered summary judgment on behalf of the defense. Mr. Derwinski concentrates his practice in litigation, product liability and general negligence. For more information on Mr. Derwinski contact him at derwinskia@jbltd.com. Seminars/Speaking Engagements
ALFA International Transportation Conference The 2008 ALFA Transportation Practice Group conference was held in Palm Beach, Florida April 30 – May 2. Johnson & Bell shareholder Robert M. Burke participated in a segment of the program entitled “Defending Independent Theories of Liability and Damages Against Trucking Companies.” The panel examined the increasing trends by plaintiffs to pursue causes of action directly against trucking companies for claims, including those for punitive damages, independent of and in addition to exposure for the driver’s conduct. Shareholder Rick Mueller also attended on behalf of the Environmental practice group and moderated an afternoon symposium on hazmat response with a very distinguished panel, including government, transportation and insurance industry representatives, environmental contractors, and attorneys. The panel of experts discussed how to effectively coordinate activities in responding to, and closing out, a hazardous materials spill incident. Rick also serves on the Steering Committee for the Environmental Practice Group of ALFA. With over 350 attendees, this conference was the most well attended, successful ALFA event in the history of the organization. Johnson & Bell shareholder Gregory D. Conforti, who served as the Transportation Practice Group Chair for 2007-2008, now serves as Chair Emeritus. Robert Burke continues in his role with the group as the Co-Chair of the Client Advisory Board within the Transportation Practice Group. Upcoming Insurance Coverage Seminar Johnson & Bell, in association with the Insurance School of Chicago, would like to invite you to attend the 2008 Insurance Coverage Update & Seminar on Thursday, March 13. This annual event will be held at the Hyatt Lodge in Oak Brook, Illinois. The seminar will begin promptly at 1:00 pm and conclude at 4:45 pm, followed immediately by a cocktail reception. Topics for the seminar will include: The Use and Misuse of Public Adjusters, Third Party Bad Faith-Managing the Settlement Process, Conflicts-Ethical & Practical Aspects Construction Defects-Liability Coverage Issues, and a panel discussion on Mediation of Complex Insurance Coverage Cases will feature Hon. Julia M. Nowicki (Ret.) of JAMS. Space is limited so please RSVP by sending an e-mail to starbuckk@jbltd.com or by telephone at 312.984.6662 by March 10th. Four hours of CLE credits have been requested. The seminar will be hosted and presented by Glenn Fencl, Rick Hammond, Scott Hoyne, and William K. McVisk, all of whom are shareholders within Johnson & Bell’s Insurance group. To learn more about their practice please visit www.johnsonandbell.com. Howard Foster and Dan Murray address second annual Howard Foster and Dan Murray addressed the conferees attending a day-long program on Immigration Enforcement in the Workplace. With spirited debate in presenting competing points of view, topics discussed included the use of civil RICO to prosecute employer immigration violations, criminal prosecution of employer immigration violations, and personal exposure of company managers and executives to civil liability and criminal prosecution. The conference, held at Northwestern University’s School of Law, included speakers as well as attendees from government, industry, and academia, and was co-sponsored by the Federal Bar Association and Illinois’ Institute on Continuing Legal Education. |
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