- Defended the Chicago & Northwestern Railroad against a Federal Employer Liability Act case brought by a union shop
welder who suffered a career-ending knee injury in a fall from the top of a ladder set against a railroad car he was assigned
to repair. Plaintiff rejected a pre-trial offer to settle all claims for $200,000 (plus the nearly $20,000 the Railroad's self-funded
employee medical benefits plan had already paid toward medical expenses). At the close of a 6 day trial, Plaintiff’s counsel
asked the jury to award $645,500. The jury's verdict, including medical expense written in by the Court, awarded only
$138,500, far less than the amount my client had been willing to pay to settle the case without going to trial. The trial Court
granted plaintiff a new trial on the issue of past and future wage loss. Another attorney represented the Railroad on the re-
trial of those damage issues, which resulted in a jury award of $270,000 and a subsequent appeal. The Court of Appeals
reversed the higher award and reinstated the original $138,500 jury award. See Weber v. Chicago & Northwestern Transp.,
191 Wis.2d 626, 530 N.W.2d 25 (Ct. App. 1995)
- Second–chaired successful products liability jury trial defense of Bombardier Corporation, the manufacturer of Ski-Doo
snowmobiles, in a snowmobile crashworthiness case involving catastrophic burn injuries to the young male adult driver.
Handled all pre-trial motion briefing, anticipated and successfully argued critical evidentiary issue that arose during trial,
drafted complex set of jury instructions and verdict form, and handled all defense argument during jury instruction conference.
During lengthy jury deliberations, plaintiff rejected a $300,000 settlement offer. The jury ultimately found that the
snowmobile's fuel tank was defectively designed, that plaintiff‘s damages were nearly $4 million, but that the design defect
was not a substantial cause of the explosion of the fuel supply. Therefore, judgment was entered in favor of Bombardier and
it was not required to pay any damages.
- Successfully defended prominent Wisconsin criminal defense firm against breach of contract case brought by a disgruntled
former expert trial witness seeking recovery of substantial allegedly promised but unpaid expert witness fees. Aggressive
campaign of defense discovery, coupled with motions seeking enforcement, eventually resulted in withdrawal of plaintiff’s
attorney. Ultimately obtained dismissal of case and a judgment for attorney fees, as sanctions against plaintiff for failure to
comply with Court’s discovery order.
- Represented shopping center developer in bench trial against the Wisconsin Department of Transportation, in statutory
certiorari action seeking reversal of its denial of permit for $10 million shopping center’s driveway access to adjacent state
highway.
- Defended an insured, which operated a lakeside restaurant/bar, in a Safe Place Act case in which a boater on insured’s
dock allegedly sustained his lumbar disc herniation in a fall when the dock collapsed. Cross-claimed for contribution against
the contractor which installed the dock, alleging that improper installation resulted in a latent defect which contributed to the
dock’s sudden collapse. The contractor cross-claimed for contribution, alleging that the collapse was due to the dock
owner’s refusal to pay for recommended modifications of the dock. After completion of discovery, all claims against the
restaurant/bar were dismissed on the basis of a Pierringer release purchased from plaintiff for a relatively modest amount,
leaving the contractor to defend the case on its own.
- While representing a Will Beneficiary in Probate proceedings, I successfully resisted a legal attack upon the validity of the
Will brought by a sibling of the decedent to whom the Will gave nothing.
- Defended contractor in federal diversity jurisdiction case against $2 million punitive and compensatory damage claims
brought by Chicago orthopedic physician and his wife. Plaintiffs contended that contractor permanently contaminated their
“historic” $3 million lakeside summer home in Green Lake, WI, with massive amounts of concrete dust during renovation
project, causing emotional distress, health concerns, several hundred thousand dollars in dust abatement and personal
property repair/replacement costs, and a $1.12 million loss in resale value. Was retained to defend contractor by his
commercial liability insurer, which had not been joined as a party but had reserved rights to deny coverage under a policy
with only $1 million in limits. After protracted battle with another insurer over shared coverage, and depositions of the parties,
several of their respective employees, and plaintiff's electrical engineering/hazardous materials and real estate experts, the
two liability insurers agreed in a mediation shortly before trial to join together to pay a confidential settlement which
represented a moderate fraction of plaintiff’s original demand.
|
