LPP Attorneys Trafman and Schuetz Secure Not Guilty Verdict in $56,000,000 Cook County Wrongful Death Suit

LPP Partner Howard Trafman and Senior Counsel Steve Schuetz just secured a not guilty verdict following a two-week trial in Cook County. In addition to the challenging venue, our trial team was up against one of the most formidable plaintiff’s firms in Chicago. Please read on to learn more about the case and join us in congratulating our colleagues for this important victory!

This lawsuit involved a tragic loss of a young man in a single vehicle accident. The evidence established that our client, a family-owned construction company, hosted a BYOB birthday party at the company warehouse. It was not sanctioned by the company, though a co-defendant family member and part-time employee of the company hosted the event. The decedent and his friends (despite not really being invited) arrived to the party, allegedly consumed alcohol on the premises, and eventually drove off into the night. Shortly after leaving, their car sped through a stop sign, crossed a median, nearly struck another vehicle, then lost control and collided with a tree. The driver survived, but one of his four passengers tragically passed.

Plaintiff filed suit against our client, the construction company, alleging multiple theories including negligent supervision, voluntary undertaking, acting in concert and violation of local ordinances prohibiting property owners from allowing minors to consume alcohol. Evidence uncovered during discovery established that the driver had attended a “pre-party”, where he likely consumed alcohol before arriving. An open liquor bottle was also found in his car. In spite of this, his blood alcohol content (BAC) was below the legal limit.

The LPP team moved for summary judgment at the close of discovery arguing that, because plaintiff failed to retain an expert, there was no evidence to establish that the driver’s BAC was a cause of the accident. After all, there was other testimony that the driver had a history of reckless driving. After the motion was denied, and after settlement talks stalled, the case proceeded to trial.

Despite some challenging pre-trial rulings, our trial team got the job done. They introduced sufficient evidence and testimony to establish that the loss, while tragic, was not our client’s fault. The driver was not impaired. He was reckless, and he caused an accident. His activity that night, whether consuming alcohol or otherwise, was his choice, and it would have been his choice regardless of his decision to stop at our client’s warehouse party. The jury agreed. After entering a verdict in our client’s favor and being released from duty, the jury shared with our trial team that they appreciated their honesty. They felt that they could trust the evidence and facts Trafman and Schuetz provided, and that those facts were enough to rule in our client’s favor.

LPP congratulates Trafman and Schuetz on this outstanding result!