Shipra Mehta Wins Case and Subsequent Appeal on Trip & Fall at Child Care Facility

2017-L-423 (Illinois, Will County)

Plaintiff, an elderly man tripped on a small staircase at a daycare when coming to pick up his granddaughter. He sued the daycare, bringing negligence and premises liability counts against the daycare. Plaintiff also claimed that the stairs were not up to code and hired an expert to support the claim.

Shipra Mehta defended the child care facility, and after multiple depositions, filed a motion showing that there was no defect the plaintiff or their expert could point to in the staircase, and that the stairs were an open and obvious hazard. As such no reasonable jury could find for the plaintiff. The judge granted Shipra’s motion, but the plaintiff appealed the decision to the 3rd District of Illinois Appellate Court. Shipra continued to defend her client at the appellate level, drafting a brief and defending her motion in oral argument. The appellate court affirmed the trial court’s granding of the motion for summary judgment, resulting in a full defense verdict.

Successful Defense of Childcare Facility in Jury Trial

2016-L-001439 (Illinois, Cook County)

Plaintiff, a 6 year old child was playing on the monkey bars at preschool and fell off, injuring herself. Plaintiff brought suit against the childcare facility, alleging negligent aid, negligent supervision, premises liability, and reimbursement under the Family Expense Act. Specifically plaintiff alleged that the childcare facility allowed too many children on the playground at the same time and didn’t have enough staff, and ultimately took the case to trial. Jessica Biagi, defending the childcare facility, showed the facility itself was not negligent, and they not only followed all required regulations regarding staffing but in fact were following even more stringent voluntary regulations with a smaller ratio of children to staff. Ultimately, Jessica showed the jury that sometimes children running around on a playground simply fall down, and while unfortunate it does not indicate negligence on the part of the facility. Ultimately the jury agreed that there was nothing the facility could have done to prevent the injury and returned a full defense verdict after two hours of deliberation.

Preschool case revolving around a chair as potential "dangerous condition"

2014-L-78 (Lake County, Illinois)

Plaintiff, a 3 year old, attended our client’s preschool gym, where during the day’s activities her head collided with a chair resulting in a permanent dimple-like marking, but not one that caused her pain or discomfort. Ultimately the case went to trial revolving around the issue of whether the chair plaintiff collided with constituted a “dangerous condition.” Plaintiff made a pre-trial demand of $75,000.

Attorneys Dan Costello and Charles Spiekerman represented the daycare during trial and made it clear that the preschool was a safe and well managed operation, and there was nothing dangerous or unusual about the chair at issue. Despite the plaintiff being a very sympathetic plaintiff, the jury ultimately found there was no negligence and returned a full defense verdict.