Noteworthy Cases - Newman Boyer & Statham
Evans v. Unions Pacific Railroad (railroad worker injury)
- Railroad worker, age 35, injured his back lifting an eight pound oil filter with a pitchfork. Plaintiff underwent three back surgeries. Railroad made no settlement offer until case was assigned out to trial. Mr. Statham rejected the railroad's offer of $250,000.00 and the jury awarded a verdict of $5,385,000.00. The railroad appealed the verdict arguing that the plaintiff was negligent in causing his injury and that the verdict was excessive, but the verdict was unanimously affirmed by the Appellate Court. The railroad filed a petition for leave to appeal with the Illinois Supreme Court which is currently pending before the Illinois Supreme Court.
Archer v. Home Depot (fall down/premises liability)
- Mrs. Archer, age 52 a homemaker, was a customer at Home Depot shopping for patio furniture. One of Home Depot's employees, left a hose running in the nursery department causing a puddle of water to accumulate on the floor. Mrs. Archer fell in the water causing her to suffer a broken ankle, herniated disc and an injury to her knee which resulted in an eventual knee replacement. She incurred nearly $250,000.00 in medical bills. Home Depot denied there was water on the floor and claimed to have lost the original accident report which documented the water. After four years of litigation, Home Depot offered to pay her medical expenses on the day before the trial was scheduled to start. At trial, Home Depot blamed the cause of the fall on Mrs. Archer's failure to see the water and claimed all of her injuries on her weight and pre-existing conditions. After a six day trial, a jury awarded Mrs. Archer $2,250,310.65. Home Depot filed an appeal which was denied by the Illinois Appellate Court almost two years later. Home Depot paid the full judgment with interest for a final pay out of $2,600,000.00.
Mahoney v. Pennsylvania, et al. (steel worker injured on the job)
- Mr. Mahoney, age 39 was a steelworker working at Acme Steel in Riverdale, Illinois. While repairing a furnace, a 400 pound piece of molten steel fell on him resulting in a complete paralysis of both his legs. There were no witnesses to the occurrence. Mr. Statham filed a lawsuit against a company that was supposed to clean the steel off the walls surrounding the furnace. The defendant claimed that Mr. Mahoney caused the accident by negligently operating his equipment and by failing to make sure his work site was safe. The defense hired an expert who contended that the accident was caused when a cable snapped which caused the steel to fall from the wall. Unfortunately, plaintiff's doctor agreed with the defense expert and was prepared to testify that Mr. Mahoney's injury occurred when the cable snapped and was not caused by the large piece of steel striking him after it fell from the wall. Despite this testimony, Mr. Statham was able to negotiate a settlement for $2,300,000.00 which at the time was one of the largest settlements in Cook County.
Sanello v. Cockrell and Vidakovich (automobile collision)
- Michael Sanello, age 20, was a unseatbelted passenger in a vehicle driven by his friend. The vehicle collided in the middle of an intersection at 183rd and Governors Highway in Homewood, Illinois with a vehicle making a left turn. Both drivers claimed they had a green light. The independent eyewitnesses gave conflicting testimony. Mr. Sanello suffered a broken nose with a deviated septum with several facial lacerations caused by his face coming in contact with the windshield. Mr. Sanello was not wearing a seatbelt. Mr. Sanello had several reconstructive surgeries and incurred $25,000.00 in medical bills. His doctor testified that he would need several more surgeries costing approximately $100,000.00. Farmers Insurance, who insured the car in which Sanello was a passenger, offered to settle for $100,000.00 (policy limits) prior to trial. The case proceeded to trial against the left-turning co-defendant who was insured by State Farm. State Farm offered $75,000.00 prior to the start of the trial which Mr. Statham rejected. The jury awarded $1,253,400.00. State Farm paid the entire judgment within three weeks of the verdict.
Tsengouras v. Disera (Will County) (premises liability)
- Theresa Tsengouras, age 63, slipped and fell on ice that had accumulated on a section of indoor carpeting that an employee of the landlord placed near the trash disposal area. Mrs. Tsengouras sustained a fractured right shoulder with a rotator cuff injury. She incurred medical bills in the amount of $40,000.00. She had no lost wages. Pekin Insurance offered $50,000.00 prior to trial which Mr. Statham rejected. After seven days of trial, a jury awarded Mrs. Tsengouras $500,000.00. This was one of the largest verdicts from a slip and fall case in Will County.
Kuta v.Okner, et al. (premises liability)
- Mary Kuta, age 64, tripped and fell in a parking lot at a commercial shopping center in Country Club Hill. Mrs. Kuta sustained a fractured left ankle. She incurred medical expenses in the amount of $30,000.00. She had lost wages in the amount of $2,200.00. Safeco insurance offered $150,000.00 during trial to settle the case which Mr. Statham rejected. After a three day jury trial, a jury awarded Mrs. Kuta $379,366.00. Within two weeks, the insurance company paid the verdict.
Poole v. Stan Reinsma Construction, et al. (a plaintiff injured while visiting friends new home during construction)
- A 56 year old female fell through an improperly covered stairwell opening while visiting a friend's new home during construction. Plaintiff initially suffered a broken leg but died at the hospital from a pulmonary embolism. Plaintiff sued the general contractor and subcontractor. The defendants claimed that the plaintiff was a trespasser. Parties reached a settlement of $1,700,000.00 several months before trial.
Flowers v. Chicago Park District (drowning)
- Stacey Flowers, age 12, drowned while swimming with her friends at the Stanton Park Swimming Pool in Chicago, Illinois. The Chicago Park District agreed to pay $1,600,000.00 to settle the case four weeks before trial.
Other Significant Cases from Newman Boyer & Statham:
- $3 Million Settlement
Toxic Tort-benzene exposure - $1.7 Million Settlement
Plaintiff injured while visiting friends' new home during construction - $1.6 Million Settlement
Drowning death - $900,000 Settlement
Construction Site Accident - broken ankle - $500,000 Settlement
Slip and Fall in Will County - $379,366 Verdict
Trip and Fall - fractured ankle
