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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. Sheridan 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 First District Appellate Court
affirmed this ruling. 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).
- Successfully defended nightclub accused of violating Chicago’s civil rights ordinance in a case where the plaintiff claimed he was assaulted by a security person based on discrimination. I tried this case before the Chicago Commission on Human Relations. Holman v. FB, 06-P-62.
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