Noteworthy cases - The Law Offices of Newman, Boyer & Statham, Ltd.
Plaintiff v UPS - $1.85 million
A 35 year old female driving home from a business meeting was T-boned by a UPS vehicle. The UPS driver was running last minute packages from a UPS delivery center to O’Hare Airport. The plaintiff suffered severe fractures of her leg, arm and knee. She missed 8 months of work as a trade show planner.
Plaintiff v Peoples Gas, Light & Coke
Wrongful Death- Toxic Torts - Benzene exposure
A 40 year old male working in a boat yard developed non-hodgkins lymphoma which caused his death after prolonged treatment. Our investigation showed that the boat yard was the site of a former Peoples Energey manufactured gas plant (MGP) site. Documents pulled from Peoples Gas in-house library showed that during the late 1800’s and through the early 1900’s toxic residue was dumped into the ground and left forgotten. Other documents from Peoples Gas and the Illinois EPA showed that the site was filled with ultra hazardous substances including benzene. Peoples Gas cut a deal with the State EPA to begin cleaning sites that were in suit over property disputes. They did not alert the current property owners or workers that they were working in land filled with toxic waste. Peoples Gas paid $3 million to settle this dispute.
Plaintiff v GRP Bricktown, LLC - $450,000
Slip and Fall on Ice
A 65 year old female slipped and fell on black ice while entering the Bricktown Mall at Fullerton and Narragansett in Chicago, causing a decompression injury in her neck. Security reports revealed that a different customer fall on ice in the same parking lot a few hours earlier, with no call by management to salt or de-ice the lot. Case settled for $450,000.00.
Plaintiff v 633 Partners - $800,000 for fractured hip
Iowa City fire escape collapse
A 21 year old University of Iowa student living in off campus housing was watching fireworks on a second floor fire escape, when the fire escape pulled free and crashed to the ground. The student suffered hip fracture. Several months before the crash, the owner put new siding on the home, but did not properly anchor the fire escape bolts to the building. The defense paid $800,000.00 to settle the dispute.
Plaintiff v Silver Cross Hospital
Medical Malpractice - Radiology - Aortic Dissection - $1.7 million
A 63 year old male went to the Silver Cross Hospital emergency room complaining of severe chest pain. A chest CT scan was read as “normal.” The patient was admitted for observation. The following morning, a radiologist re-read the CT and saw a clear aortic dissection. The patient was transferred to a heart surgery center, but the aorta dissected before surgery could commence. The patient eventually died leaving a spouse and two adult children. The hospital and radiology group paid $1.7 million to settle the case.
WASHINGTON —Angelcare Monitors Inc. is voluntarily recalling 600,000 baby monitors following the death of two infants due to strangulation.
A railroad worker, age 35, injured his back lifting an eight-pound oil filter with a pitchfork. The plaintiff underwent three back surgeries. The railroad made no settlement offer until the case was assigned out to trial. Mr. Statham rejected the railroad's offer of $250,000 and the jury awarded a verdict of $5.385 million. 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 was denied on March 24, 2010. Within 30 days, Union Pacific paid the entire verdict plus interest for a total payment of $6,382,495.20.
The plaintiff, 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. The plaintiff 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 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 the plaintiff's failure to see the water and blamed all of her injuries on her weight and pre-existing conditions. After a six-day trial, a jury awarded the homemaker $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 $2.6 million.
A Steelworker v. Pennsylvania, et al. (steel worker injured on the job)
The plaintiff, 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 the plaintiff 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, the plaintiff's doctor agreed with the defense expert and was prepared to testify that the steelworker'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 $2.3 million, which, at the time, was one of the largest settlements in Cook County.
The plaintiff, 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. The passenger suffered a broken nose with a deviated septum with several facial lacerations caused by his face coming in contact with the windshield. The plaintiff was not wearing a seatbelt. He had several reconstructive surgeries and incurred $25,000 in medical bills. His doctor testified that he would need several more surgeries costing approximately $100,000. Farmers Insurance, who insured the car in which he was a passenger, offered to settle for $100,000 (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 prior to the start of the trial which Mr. Statham rejected. The jury awarded $1,253,400. State Farm paid the entire judgment within three weeks of the verdict.
Plaintiff v. Disera (Will County) (premises liability)
The plaintiff, 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. She sustained a fractured right shoulder with a rotator cuff injury. She incurred medical bills in the amount of $40,000. She had no lost wages. Pekin Insurance offered $50,000 prior to trial, which Mr. Statham rejected. After seven days of trial, a jury awarded her $500,000. This was one of the largest verdicts from a slip and fall case in Will County.
Plaintiff v.Okner, et al. (premises liability)
The plaintiff, age 64, tripped and fell in a parking lot at a commercial shopping center in Country Club Hill. She sustained a fractured left ankle. She incurred medical expenses in the amount of $30,000. She had lost wages in the amount of $2,200. Safeco insurance offered $150,000 during trial to settle the case, which Mr. Statham rejected. After a three-day jury trial, a jury awarded her $379,366. Within two weeks, the insurance company paid the verdict.
Plaintiff 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. The plaintiff initially suffered a broken leg but died at the hospital from a pulmonary embolism. The plaintiff's family sued the general contractor and subcontractor. The defendants claimed that the plaintiff was a trespasser. The parties reached a settlement of $1.7 million several months before trial.
Plaintiff v. Chicago Park District (drowning)
The plaintiff, age 12, drowned while swimming with her friends at the Stanton Park Swimming Pool in Chicago, Illinois. The Chicago Park District agreed to pay $1.6 million to settle the case four weeks before trial.
Other significant cases from The Law Offices of Newman, Boyer & Statham, Ltd.
- $3 million settlement
Toxic tort — benzene exposure
- $1.7 million settlement
Plaintiff injured while visiting friend's new home during construction
- $1.6 million settlement
- $900,000 settlement
Construction Site Accident — broken ankle
- $500,000 settlement
Slip and fall accident in Will County
- $379,366 verdict
Trip and fall — fractured ankle