Fabri-Centers of America, Inc. v. Payless Shoe Source, Inc., no. EV 92-94-C. Represented Atlantic Mutual a/s/o Fabri-Centers of America, Inc. Federal diversity action filed against Payless Shoe Source, Inc. and NCR Corporation. Xon 7625 Database manufactured and installed by NCR Corporation at Payless Shoe Source, Inc. alleged to have started fire at Payless Shoe Source, Inc. Xon unit documented by Evansville Fire Department to have malfunctioned two days before fire. Payless Shoe Source, Inc. called NCR Corporation, reporting Xon unit smelled of smoke. NCR Corporation inspected the Xon unit but found no defect. Evansville Fire Department official testified NCR Corporation?s database started fire which spread from Payless Shoe Source, Inc. to Fabri Center of America next door. Defense experts countered Xon 7625 unit had insufficient voltage (6 volts) and amperage to start fire. Causes of action included products liability, negligence, and res ipsa loquitur. Inventory and contents damage approached $325,000.00; case settled for $250,000.00.
Vincent v. Rubino v. Bartels, no. 84 L 5374. Defended David Bartels. Plaintiff, Vincent Rubino, was struck in rear by car driven by David Bartels. Rubino complained of soft tissue neck and back injuries. Rubino also claimed prostate surgery was caused by the accident and claimed $5,181.00 in additional bills for prostate surgery. Monsour Charkewycz, M.D. testified accident aggravated plaintiff's prostatitis. Defense called two urologists. Defendants' urologists discussed incidence and prevalence of prostatitis; that plaintiff demonstrated existence of chronic prostatitis which could not be exacerbated by any accident trauma. Plaintiff's verdict $735.00.
Terese A. Connors v. Sauk Trails, Inc., no. 02 L 012171. Represented defendants. Terese A. Connors, tour director for Fancy Free Tours, Inc. fell backwards, hitting head breaking bus windshield when Sauk Trails driver stopped in traffic on west I-80/I-94. Defendant, returning from charter tour to and from Mackinaw Island, claimed small car cut in front of bus forcing bus to stop. Bus did not strike car. Plaintiff alleged cervical pain, lumbar pain with left-side sciatica, closed head injury with memory loss, post-concussion syndrome and exacerbation of vasovagal syndrome. Report from NeuroBehavior and Rehabilitation Network, Inc. found no significant cognitive impairment. Medicals $9,021.00; $12,000.00 lost income claim withdrawn. Defendants moved for summary judgment. See Motion for Summary Judgment. Defendants' motion denied. Case tried through Circuit Court of Cook County mandatory arbitration program, before three person panel. Plaintiff argued bus driven too fast and bus driver inattentive, demanding arbitration limits of $30,000.00. Defendants argued no evidence of negligence and plaintiff barred from recovering under 735 ILCS 5/2-1116(c). Finding, not guilty. No offer post-arbitration. No arbitration rejection filed. Judgment on award.
Allied Gear & Machinery Company v. North American Van Lines, no. 92 L 08200. Represented Allied Gear & Machinery Company. Allied Gear & Machinery Company entered into a written contract with Cord North American Moving and Storage Company, whereby Cord would transport Allied Gear's four Flexomaster printing presses from St. Louis, Missouri to the Pack-Expo show in Chicago, Illinois. Presses damaged in transit and valued in excess of $325,000.00. Bills of lading required Cord to return the presses after the show back to Allied Gear's business in St. Louis, Missouri. While Cord delivered the presses to the Chicago trade show, Cord failed to redeliver the presses to Allied Gear's business in St. Louis in violation of the bills of lading. Presses came into possession of Curtis and United Exposition Services without knowledge of Allied Gear. Defendants moved for partial summary judgment under 735 ILCS 5/2-1005(d) arguing 49 U.S.C. 14706(f), of Curtis Exposition Transportation, Inc.?s Tariff 400, Item 848, sufficient to limit liability to $2,000.00 per package ton. Plaintiff argued Allied Gear never negotiated with Curtis for any carriage, never received notification of declared value, or given reasonable opportunity to select levels of liability insurance. Defendants' motion denied. Plaintiff allowed to recover full value of presses including damages for delay in transit. Case settled favorably.
Indemnity Insurance Company of North American a/s/o NCR Corporation v. NNR Air Cargo Service (USA), Inc., WACO Australia Pty., Ltd., Cathay Pacific Airways, Ltd., Dayton Freight Lines, Inc., and Concord Jet Express Delivery Service, Inc. d/b/a Concord Express , no. 00 C 1135. Represented Concord Jet Express Delivery Service, Inc. NCR Corporation, insured by Indemnity Insurance, manufactured computer storage systems. Computers given to NNR Air Cargo Service and WACO Australia Pty, Ltd. for transport by Cathay Pacific Airways, Ltd. for delivery from Hong Kong to Chicago. Parts cleared through customs. Concord Jet Express Delivery Service, Inc. picked-up computers. Computers given to Dayton Freight Lines, Inc. for transportation to Dayton, Ohio. Computers damaged in transit. NCR Corporation submitted $356,900.00 claim to American Indemnity Insurance, and American Indemnity subrogated. Concord Jet Express Delivery Service, Inc. sued under 28 U.S.C. 1332 and 49 U.S.C. 14706, as freight forwarder. Concord Jet Express Delivery Service, Inc. defended under 49 U.S.C. 14706 and 49 U.S.C. 40105, further arguing limitations of air way bill protected ground carriers. Tashio Marine and Fire Insurance Company a/s/o Hamai Machine Tools v. Maersk Line, Inc., 796 F.Supp. 336 (N.D., Ill., 1992). Concord Jet Express Delivery Service, Inc. established action untimely under 49 U.S.C. 40105 and 49 U.S.C. 14706. Prior to Fed. R. Civ. P. 56(b) motion for summary judgment, Concord Jet Express Delivery Service, Inc. settled for $2,000.00.
Laurence Esposito v. Darrin Fulton and C & E Towing Service, Inc., a Dissolved Illinois Corporation , no. 99 L 10438. Represented Defendants. Defendants' flatbed tow truck driving southbound on Cicero Avenue in Cicero, Illinois, preparing to turn left into gas station. Semi-truck driving northbound on Cicero Avenue in median lane yielded to defendants' turning tow truck. As tow truck completed turn, tow truck collided with Laurence Esposito, driving northbound on Cicero Avenue in curb lane, behind semi-truck. Defendants two passenger/witnesses left accident scene before police arrival. Esposito sustained head, chest, shoulder injuries;L5-S1 herniation with later laminectomy. Plaintiff?s physicians attributed disc herniation and surgery to accident. $42,000.00 in medical; $20,042.81 in lost time from NFO Technologies. First amended complaint alleged negligence and negligent entrustment. $300,000.00 policy limits demand; case settled for $150,000.00.