Bill Lindsay: We negotiated a unique “High-Low Settlement” with the plaintiff in a three car, rear-end accident. Apportionment of liability against the client at trial was greater than the “High” end of settlement. The non-settling co-defendant was forced to absorb the difference. Hager v. Shulda, Circuit Court of Lake County.
Category: Defense
Bill Lindsay and Chris Pickett Obtain Summary Judgment in Borrowing Employer Case
Jun 15, 2015 Defense
Bill Lindsay and Chris Pickett obtained summary judgment for our client by arguing that it qualified as a borrowing employer and was, therefore, immune from tort liability pursuant to the Worker’s Compensation Act. The plaintiff’s decedent, a repairman, was working on an overhead garage door when it unexpectedly opened, striking […]
Summary Judgment Obtained & Affirmed on Appeal in Fire Protection Case
Feb 20, 2015 Construction Defect
Bill Lindsay: Our client, a general contractor, was sued for wrongful death and survival following an industrial accident where the contractor had renovated a plastics factory, and allegedly failed to provide sufficient fire protection. The plaintiff’s decedent, a woman in her mid-forties with three children, burned to death when she dropped […]
Chris Pickett: We obtained summary judgment on the grounds that our client’s mold exclusion applied if mold was even a contributing factor to the underlying plaintiff’s alleged brain damage.
Seventh Circuit Rejects Indemnity Claim
Feb 04, 2015 Defense
Attorney David Osborne won a substantial victory earlier this month in the Seventh Circuit Court of Appeals on behalf of his client, Footstar, Inc. In that case, Kmart sought contractual indemnity and additional insured coverage from Footstar and its insurer for a personal injury action filed against the troubled retail […]