Any professional in civil defense understands how difficult it is to win a motion for summary judgment in Illinois – let alone two in one day. That’s exactly what Jessica Biagi, a Partner at Daniel P. Costello & Associates, LLC, did recently when she won two contested dispositive motions in two separate counties on the same day.
In the Cook County case, Mongtagne v. Catalyst GC, et al., Jessica represented the general contractor in a construction negligence case filed by a subcontractor’s employee for injuries he allegedly sustained when concrete forms opened up while the employer-subcontractor pumped concrete. Plaintiff retained a liability expert to argue that the general contractor retained control and should have identified improper fall protections. Still, the Motion Judge agreed with Jessica that her client did not retain sufficient control and that Plaintiff’s claims were barred by Section 414 of the Restatement (Second) of Torts. Subsequently, the matter resolved for nuisance value to avoid a lengthy appeal.
In the McHenry County case, Wendt v. Richardson Farm Experience, LLC, Jessica represented an adventure farm in a negligence case filed by a patron for injuries she allegedly sustained while going down a large slide. Plaintiff retained a liability expert to argue that the defendant improperly built and inspected the slide. However, the Motion Judge agreed with Jessica that there was no admissible evidence indicating that the plaintiff injured herself as a result of a defect in the slide. The Judge granted Defendant summary judgment.