Timothy M. Arthurs
Cases of Note & Practice Highlights
 
  • Plaintiff was driving down the aisle in a parking lot, when he was stuck by our client's vehicle, which was cutting across the parking lot, over the painted lines. Plaintiff incurred medical bills of over $ 100,000 following lumbar discectomy and lumbar fusion surgeries. Plaintiff demanded policy limits of $250,000 which was recommended by the court; the final offer was $50,000. Jury verdict was in favor of defendant, and plaintiff's appeal was also unsuccessful. Kachurik vs. Borgardt, No. 00 L 324, appeal no. 05-1272 (2nd Dist)

     

  • Our client failed to yield the right of way and struck the plaintiff's vehicle, causing the plaintiff to sustain a patella fracture of the right knee. While in the hospital, she developed deep vein thrombosis and eventually a life threatening hematoma, which caused nerve damage and lumbar plexopathy from nerve damage caused by the hematoma. Plaintiff's last demand was $900,000 and the last offer was $400,000. The jury returned a verdict of not guilty. Case settled while following post trial motions. Stern vs. LaMartin, Case No. 03 L 227, Lake County.

     

  • In this case, we filed a declaratory judgment action against a claimant seeking uninsured motoris benefits, based on the lack of evidence of physical contact between claimant's vehicle and an alleged hit and run vehicle. the vehicles. There were no witnesses so the claimant relied on her own testimony, a retained expert accident reconstructionist, and paint transfer marks found on her vehicle, while we relied on a forensic microscopist who testified that these alleged "paint transfers" did not have clear coat on them which would be indicative of automobile paint. The trial judge disregarded the claimant's version of the accident and found no contact between the vehicles and no underinsured motorist coverage. Metropolitan Property and Casualty Company vs. Eloise Block / Eloise Block vs. Metropolitan Property and Casualty Company, Case No. 04 CH 18384, Cook County Tried 5/10/2006; ruling affirmed on appeal, 1-06-2402 (1st Dist. 2007)

     

  • Verdict for homeowner in premises liability case. Our client, the homeowner, went into a diabetic coma while sitting on his back pation. The plaintiff came to his assistance and tripped over a two inch PVC pipe that ran across the patio, tearing his left meniscus and necessitating arthroscopic repair. Our contention was that the pvc pipe was an open and obvious condition. Bak vs. Donini 07L130.

     

  • Verdict for bar owner in dram case. In this case, the plaintiffs had been out for a boat ride on the Chain O’ Lakes with six other adults, and had met up with the allegedly intoxicated party at our client's bar. Afterward, while they were all at the plaintiff's' home swimming, the aip pushed one of the plaintiffs into a swimming pool, causing her to tear her ACL requiring surgical repair. The aip was in default and incarcerated in the Wyoming State Prison, but plaintiff had to prove up damages against him at the jury trial. Our defense was that the plaintiffs were complicit in the aip's alleged intoxication. Verdict was Not Guilty against Dram Defendant. Stritar vs. Electric Harbor, 07 L 0338.