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LINDSAY, RAPPAPORT
& POSTEL LLC |
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Stuart N. Rappaport
Cases of Note and Practice Highlights |
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- 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 a bottle of this chemical which then ignited. We obtained a summary judgment from the Circuit Court of Cook County, which was affirmed by the First District Court Appellate Court. Lopez v. L.R. Hein, No. 1-04-0442. (I handled this case together with my partner Bill Lindsay. Bill was primarily responsible for the summary judgment, while I handled the appeal. Our partner Joe Postel succeeded in recovering the defense costs from the subcontractor's insurer)
- Our client, a landscape contractor, was sued when the plaintiff, a pedestrian in a private office park, claimed that the overgrown shrubbery blocked the sightline for oncoming traffic. The plaintiff suffered a career ending injury to his hand and arm after being struck by a car. We settled the case for $15,000 and obtained a good faith finding approving the settlement, despite the objection of new counsel retained by plaintiff, and the other parties. The case proceeded to verdict in the amount of 1.2 million dollars against the remaining defendants, including the property owner. Krosniunas v. Stonegate, et al, No. 02 L 10851, tried fall 2007.
- Obtained a not liable jury verdict in a premises liability case where the plaintiff, a retired architect, fell over a single step riser. The Plaintiff suffered a fractured hip requiring replacement, and was represented by one of the "big four" plaintiff's firms in the state. Blair v. Lemm, 01 L 20.
- Successfully defended the operator of a website dedicated to exposing the dangers of lasik surgery from a defamation lawsuit filed by a prominent lasik surgeon accused of malpractice on the website. In addition to a damages claim, the lasik surgeon sought an injunction requiring our client to shut down the website, which we defended on First Amendment grounds. Caro v. Kantis, No. 05 L 9942
- Achieved summary judgment on behalf of our general contractor client in a construction accident case, where the plaintiff, an electrician, suffered a career ending knee injury while off-loading heavy equipment. The case went to trial against the remaining defendants and plaintiff was awarded $3.2 million. Carroll v. Preston, 349 Ill.App.3d 562 (1st Dist. 2004).
- Our client, an owner of a commercial office building, was sued for a trip and fall accident between a common hallway and one of the tenant suites. When the tenant's insurer refused to accept the tender, we prevailed on a declaratory judgment action and recovered all legal fees spent defending the case. The tenant's carrier subsequently funded the settlement. Lynch v. Copley, 03 MR 35.
- Our client, a yacht club, was hosting a "sea chanty sing along," when the plaintiff, a guest, stumbled and fell over a serving cart and shattered her ankle. The Circuit Court of Cook County granted summary judgment based on the Recreational Use of Property Act, and we also prevailed on appeal. Bohn v. Sherican Shore Yacht Club. 04-3055.
- Our client, a church, was sued by a visiting pastor who sat in a pew chair which collapsed, causing bilateral patellar tendon ruptures. I obtained summary judgment based on lack of notice of any defect. The case is presently pending on appeal. McDaniel v. Tiberia Baptist Church, 06-2740.
- Our client, a sub-contractor who excavated for and installed underground cable, was sued in federal court by a property owner's insurer for recovery of repair expense after our client punctured a sewer line, which caused flood damage to neighboring property. While the main case settled in a reasonable fashion, our client's upstream contractor insisted on recovery of excessive and unnecessary defense fees. I achieved summary judgment in the subcontractor's favor. Brotherhood Mutual Ins. v. Ervin Cable, et al, 2006 WL 3431915 (N.D. Ill 2006).
- Successfully defended a retailer accused of civil rights violations in a federal case after the retailer had removed an unruly patron. Plaintiff's failure to follow the Illinois Civil Rights Act procedure resulted in his case being barred. Bowers v. Cook Co., et al, 987 F. Supp. 1037 (N.D. Ill. 1997).
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