Dan Costello and Shipra Mehta won summary judgment on a traffic construction case with demands totaling over $75 million for six plaintiffs in the Circuit Court of Cook County. The case involves 24 separate construction defendants on an interstate rebuild where a commercial vehicle flipped over; killing or significantly injuring all of the passengers in the vehicle.
2017-L-000052 (Lake County, Illinois)
A woman slipped and fell while leaving a Bank of America in Waukegan, Illinois, and then died months later. The deceased husband, as Special Administrator of her Estate brought suit against the Bank of America and property owner, attributing her death to complications from this fall, bringing wrongful death and survival claims against the defendants. Plaintiff alleged the ADA ramp was negligently maintained, though as the ramp was built a few years before the fall, the owner and property manager subsequently sued the contractors involved with the prior construction alleging improper construction and noncompliance with the plans and specifications.
Shipra Mehta defended the concrete subcontractor and after multiple depositions including the completion of expert discovery, filed a motion for summary judgment emphasizing the speculative nature of the overall claim, lack of notice of any issues with the construction, and compliance with the construction plans and specifications. As such, Shipra argued, no reasonable jury could find against the concrete subcontractor. The Court agreed, granting the concrete subcontractor's motion for summary judgment, dismissing all claims brought against the subcontractor in its entirety.
Daniel P. Costello & Associates just racked up the firm's sixth jury trial victory in a row, this time a large case in Cook County.
2010-L-13633 (Illinois, Cook County)
Plaintiff tripped and was injured in a parking lot, dying four days after the fall. As a result, plaintiff's estate brought a wrongful death claim against the owner of the lot, Berwyn Eagles Aerie. Plaintiff alleged that a parking stop was left in a dangerous condition in the lot for over a year, causing the plaintiff to trip and get injured. Partners Dan Costello and James Barrow represented the defendant Berwyn Eagles and ultimately took the case to trial, showing clearly that the defendant was not negligent in its upkeep of the lot in any way. After only 20 minutes of deliberation, the jury agreed and found in favor of the defendant on all counts.
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