Jillian Taylor Obtains Not Guilty Verdict – Even After Admitting Negligence!
Wheaton office associate Jillian Taylor (f/k/a Jillian Book) obtained a not guilty verdict in DuPage County, even after admitting negligence. Plaintiff claimed to have suffered a low back strain but credibility was the significant issue in the case. To begin, plaintiff had her adult son testify about her condition and his observations while living with her following the accident. This was in direct conflict with plaintiff’s prior deposition testimony in which she testified that none of her adult children resided with her at the time of, or following the accident. Plaintiff’s case continued to present as exaggerated, and to make matters worse, Jillian impeached the plaintiff numerous more times on cross-examination and presented an independent witness (the plaintiff's roommate at the time) who testified that the plaintiff only limped when people were around or when they went to doctors visits. This independent witness gave further conflicting testimony to the plaintiff’s account. Plaintiff asked the jury for $35,000, based on $9,505 in medical specials, but the jury returned with a defense verdict.
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James Jendryk Obtains a Not Guilty Decision through Binding Arbitration
Jim Jendryk continued his recent case successes with a not guilty verdict through a binding arbitration. Plaintiff was an elderly man who was directed to sit in an atrium area while his wife was undergoing a medical procedure. He pulled out a chair to sit on, and in the process of lowering himself onto the chair, he fell to the ground. At binding arbitration, plaintiff testified through his deposition that the chair slipped out from under him and was unstable. However, he was unable to identify the exact chair that was involved in the incident. Plaintiff argued that the chair was unreasonably dangerous and unsafe because it wobbled, causing the plaintiff to fall. It was further argued that given the fact that the medical building had many elderly patients, a chair of this variety used in the waiting area was inappropriate.
Plaintiff sustained a spiral fracture of his femur and incurred over $100,000 in medical expenses, as well as lost income as an insurance salesman. The arbitrator found in favor of the defendant since the plaintiff could not prove a defective condition of the chair which proximately caused his injury.
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Q&H Defeats Civil Rights Claim Alleging Illegal DUI Traffic Stop
Congratulations to Dan Gallagher, Larry Kowalczyk and Dominick Lanzito on obtaining summary judgment on behalf of a Chicago Police Department officer in a civil rights case where the plaintiff claimed he was falsely arrested for DUI.
Despite plaintiff's attempt to inject hundreds of other DUI reports/videos by the same officer into the litigation, the court held that probable cause existed for the traffic stop in question. In addition, plaintiff was found guilty on one of the underlying traffic citations, and was prevented from collaterally attacking the same via a civil rights case. Finally, the court found that qualified immunity precluded liability under the facts of this arrest.
The court's language will be useful persuasive authority in many other similar false arrest cases.
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Prior Successful Verdicts to Stand in the Suburbs
Jim Jendryk and Jillian Taylor both had post-trial motions brought on the case successes reported for them in last month’s issue of “Qued In”.
Jim successfully defended plaintiff’s motion for a new trial in McHenry County, which was based upon the use of photographs at trial, the disparity in the racial make-up of the venire and that the verdict was against the manifest weight of the evidence. The court denied the motion and found that there was no basis upon the issues presented to grant plaintiff a new trial.
Jillian also successfully defended her plaintiff’s motion which was for judgment notwithstanding the verdict. Plaintiff was seeking the court to award the full medical bills presented, including the cost of the epidural steroid injections omitted by the jury. The court denied the motion and allowed the DuPage County jury’s verdict to stand.
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Q&H Wins Copyright Case Connected to Popular Play
E. Leonard Rubin and Beverly A. Berneman recently obtained summary judgment on behalf of the defendant in Maripat Donovan v. Victoria Quade. The case involves a dispute between the co-writers of the popular play, "Late Nite Catechism". Donovan asserted that she owned exclusive rights to the character of "Sister" in the play and any derivative works based on the character. The court agreed with Quade that Donovan can prove no set of facts which would give her exclusive rights to the character of a strict nun. The only remaining counts are in Quade's counterclaim to adjudicate Donovan's alleged breach of the co-writer's agreement.
