Personal Injury Defense
Personal Injury Defense
Fulton County – Jury Verdict – Electrocution at Campground
John Fleming tried a case that involved an injured plaintiff who suffered a compression fracture in the spine, due to an electrocution at a trailer site where a resident was re-wiring his camper. Expert witnesses testified for both sides on the cause of electrocution involving underground wiring. The jury awarded a verdict to the injured plaintiff covering his medical bills and a small amount for pain and suffering. The verdict was less than one quarter of the injured plaintiff’s lowest demand.
Fulton County – Settlement – Complex Injury
Abigail Fleming handled a lawsuit seeking recovery from an alleged motor vehicle – pedestrian “tap” accident where multiple vehicles and multiple pedestrians were present in a neighborhood in Canton, Illinois. Abigail represented the Defendant who allegedly tapped Plaintiff with her vehicle on scene. The lawsuit was heavily disputed as to both the facts and the complex injuries of Plaintiff. After an argument at a local pool hall, multiple individuals left in two vehicles and drove to a nearby residence. Some individuals were waiting in the street ready for an altercation as some phone calls and text messages were exchanged prior to their arrival. Plaintiff was in the area of the dispute and claimed to have been struck at a slow speed by the front bumper of Defendant’s vehicle after pulling out from the parked position. While many witnesses were present during the altercation, but the facts varied greatly from witness to witness regarding what actually occurred.
Plaintiff’s medical condition was fragile prior to the alleged incident. Plaintiff had many prior serious medical conditions and surgeries that she claimed were seriously aggravated from the accident. These were in dispute as the alleged facts involved only a tap to Plaintiff’s body. Counsel for both sides were able to come to an agreement to settle the matter prior to trial.
McLean County – Dismissal – Hypothermia Death/Alcohol
John Fleming was involved with a case involving the death of an allegedly intoxicated college student, who passed out after a party at a public campground, during freezing winter weather, and expired due to hypothermia. John and Abigail represented one of the defendants. The defendants, including individuals and a national fraternity organization, were sued for providing alcohol, sponsoring the party, and ‘encouraging” alcohol consumption. Based on established case law, the trial judge dismissed the case as against all defendants.
Peoria County – Jury Verdict – Baseball Stadium Design – Injury to Spectator
John Fleming defended the baseball stadium owners in a claim from a female spectator who was hit in the face with a thrown ball. The spectator suffered numerous facial fractures and underwent significant plastic reconstructive surgery. Expert witnesses from across the country, including the designer of brand new professional baseball stadiums constructed in Boston, Denver, and other large sports venues, testified regarding the design of the baseball stadium and the protective screening and netting. The jury returned a verdict in favor of the baseball stadium owners.
Rock Island County - Successful Motion for Summary Judgment
Tom Norman represented a Defendant who was involved in a motor vehicle accident where another vehicle turned in front of her while a third vehicle blocked her view of a turning vehicle. After discovery depositions, Tom filed a Motion for Summary Judgment arguing that his client acted reasonably under the circumstances, and that there was no evidence that his client drove her vehicle negligently. The Court agreed, particularly in light of the fact that the third vehicle was obstructing Tom's client's view, and granted Tom's Motion for Summary Judgment.
Stark County - Motion for Summary Judgment Success
Tom Norman represented a Defendant driver who was involved in a motor vehicle accident where another vehicle turned left in front of her. Plaintiff was a passenger inside the turning vehicle and sued the drivers of both vehicles. After discovery depositions were completed, Tom filed and argued a Motion for Summary Judgment on behalf of his client. The judge granted Tom's Motion and found no wrongdoing on the part of the Tom's client. This successful Motion resolved the case for our Defendant-client.
Litigation Success
Livingston County – Settlement – False Arrest
John Fleming defended a case involving multiple police departments that were part of a joint task force for drug crime investigations and...
read moreMcDonough County – Summary Judgment – Product Warranty
John Fleming defended a case that involved alleged defects to farm vehicles, where John represented the manufacturer. The trial court granted...
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