Case Successes - August

August 2009

Querrey & Harrow Wins in Illinois Liquor Control Board Litigation

Larry Kowalczyk andMatthew Byrne successfully defended a municipality in an Administrative Review action seeking to overturn a decision of the Illinois Liquor Control Board supporting the issuance of a license to a local store.   The petitioner, a day care facility situated adjacent to the property but in a neighboring town, sought to block the issuance of the license arguing they constituted a "school" within the meaning of the Illinois Liquor Control Act and thus the "100 feet" statutory prohibition was in effect.   Following written submissions and oral argument on same, Judge Rita Novak accepted Larry and Matt's arguments and ruled in favor of the municipality's issuance of the license, finding the Illinois Liquor Control Board's decision was supported by the evidentiary record. 

Q&H’s Jim Jendryk Scores Two Big Victories in Tough Auto Cases

Plaintiff's Request for $10.3 Million Judgment Thwarted

Shareholder James S. Jendryk obtained an outstanding verdict on July 22, 2009, following a two-week trial of a very serious auto liability lawsuit in Will County.  In what plaintiff claimed to be a $10 million lawsuit, the jury returned a verdict for less than one-quarter of 1% of the plaintiff’s request.

Summary judgment was granted on liability in favor of the plaintiff as a result of a rear end collision.  As to damages, the plaintiff claimed that, as a result of the car accident, he underwent four surgical procedures on his back. Plaintiff complained of lower back pain from the day of the accident through the date of the trial.  Claimed medical expenses were over $562,000 and claimed future medical expenses were over $500,000.  The plaintiff also claimed past lost wages of over $276,000 and future wage losses exceeding $1.5 million. The plaintiff was 50 years old at the time of trial.

Following the close of evidence and argument, the attorney for the plaintiff asked for an award of $10.3 million, based on the fact that the plaintiff was permanently disabled and would never be able to return to work. 

However, based on the excellent defenses and argument made by Jim on behalf of his client, the jury returned a verdict of only $25,700.  Querrey & Harrow congratulates Jim for his skilled advocacy in a very tough case!  

Credibility Issues Outweigh Admitted Liability - $1.7 Million Requested/$47,000 Awarded

James Jendryk also, for the second time in less than a month, obtained an incredibly successful verdict on behalf of another client.  This time in Lake County.  In the second case, the plaintiff, a 59 year old male, underwent a fusion from L1 to L5 following a motor vehicle accident wherein Jim's client, a 17-year-old female, rear-ended the plaintiff at 45 mph.  Despite prior back problems, including a prior fusion at L3 – 5, plaintiff’s doctors were adamant that the car accident resulted in the need for the fusion surgery and $445,000 in medical bills. 

The plaintiff’s attorney asked for $1.7 million in damages.  The jury awarded the plaintiff only $47,000, all of which was covered by Jim’s client’s insurer, which was ecstatic about the result.  Congrats to Jim!