Client Chemical Company Wins Contribution Claim
Terrence Guolee and Larry Kowalczyk successfully represented a chemical company in a contribution case trial following the settlement of several cases, including a wrongful death claim, arising out of a chemical fire accident that occurred during an asbestos remediation project. Terry and Larry were able to convince the jury that the defendant project manager must now pay back nearly $300,000.00 to our client, apportioning fault in our client's favor. The verdict was nearly ten times the project manager's offer.
Client Aided Through IDPH and Illinois Attorney General Investigations
Jennifer J. Sackett Pohlenz successfully negotiated a consent order for a Querrey & Harrow client with the Illinois Department of Public Health and the Illinois Attorney General regarding asbestos management at local schools. The consent order resulted from the investigations of certain alleged regulatory violations. Jennifer worked with our client to respond to the allegations, rewrote the organizational guidelines for asbestos management and conducted training sessions for school principals. She also worked closely with management, in-house legal counsel and staff in handling protracted negotiations and reviewing and modifying innumerable consent order drafts. These many months of hard work resulted in a positive outcome for our client and a zero civil penalty in the consent order. For more information regarding our Environmental Law and Litigation practice, please contact Jennifer via jpohlenz@querrey.com.
Police Officers' Internal Affairs Complaint Cannot Support Defamation Suit
Paul Rettberg and Jason Callicoat recently won summary judgment in favor of four suburban police officers and their attorney in a state court defamation lawsuit. Plaintiff, an off-duty Chicago police officer wearing civilian clothes, was shopping at a home improvement store with his handgun in a holster tucked into the back of his pants. The store notified police, and the four defendant officers responded and questioned the plaintiff about the weapon and his credentials. Plaintiff was allowed to go on his way about 17 minutes later, following verification of his employment as a Chicago police officer.
Plaintiff filed a federal civil rights lawsuit against the officers in connection with this encounter. After the federal lawsuit was filed, the defendant officers, through an attorney, reported to the Chicago Police Internal Affairs Division that plaintiff had been belligerent with them in the store and had been carrying an improperly secured firearm. Plaintiff's federal civil rights claims were eventually dismissed and upheld on appeal to the 7th Circuit.
Plaintiff then sued in state court against the officers and their attorney for defamation, alleging that the statements to the Chicago Police Internal Affairs Division were retaliation for the filing of his civil rights claims. Querrey & Harrow successfully argued that the alleged defamatory statements were non-actionable statements of opinion and the court agreed and entered summary judgment in favor of all five defendants on each of plaintiff's defamation counts.
Homeowner Beats Mechanics Lien Foreclosure Claim
Scott Krider successfully defended a homeowner in a mechanics lien foreclosure action. The trial court found that the lien was invalid because the contractor had inflated the amount of the lien by 56%. The court also found that the contractor had violated the Illinois Home Repair and Remodeling Act and denied the contractor any recovery for breach of contract. The court found in favor of the defendant on her breach of contract claim and awarded her damages.
Rear-end Accident? Still No Liability
Wheaton associate Jillian Book recently obtained a defense verdict in a rear-end motor vehicle accident case in DuPage County. Plaintiff claimed that he sustained traumatic plantar fasciitis to his left foot as a result of the accident, and was seeking future damages for the permanent condition. However, plaintiff testified that he only drives with his right foot, that he could not recall hitting his left foot on anything as a result of the impact and did not do anything to brace for the impact. Defendant's podiatric expert testified regarding the usual causes of plantar fasciitis and how such an injury may be produced traumatically. Absent the plaintiff's supporting testimony regarding the causation of injury, the jury found in favor of the defendant.
Excessive Force Claim Defeated
Chicago shareholder Larry Kowalczyk was successful in obtaining the dismissal with prejudice of a Federal civil rights excessive force claim that began with a $500,000 demand. Larry obtained a statement of a witness, the actual victim of the burglary the defendant officers responded to, who stated that he in fact chased the plaintiff, who fell and injured himself before there was any police involvement.
Failure to Plead With Specificity Results In Dismissal of Civil Rights Suit
Paul Rettberg and Stacey McGlynn Atkins recently won dismissal of a counter-complaint in favor of a local municipality, its officers, and employees in a civil rights lawsuit under 42 U.S.C. §1983. The suit had a long procedural history: it began as a non-traffic ordinance violation complaint filed by the municipality against a non-resident landlord based upon the fact that the property in question was being used to store unregistered motor vehicles, and the property owner filed a counter-complaint claiming his constitutional rights were violated. However, the counter-complaint failed to plead any provisions of the United States Constitution allegedly violated, or factual allegations against the municipality or employees to support the Section 1983 claim. As a result, Querrey & Harrow moved successfully to dismiss the cause of action three times for failure to comply with Illinois pleading requirements, obtaining dismissals without prejudice the first two times around. Finally, demonstrating that “three strikes and you're out”, DuPage County Judge Popejoy dismissed the counter-complaint with prejudice.
