Attorney Jeremy Michael West's Legal Cases

Brain injury

Cindy Lee v. Urban Retail Properties, Inc. 02 L 000006

Feb 09, 2009

OUTCOME: Noteworthy win for the defense !

Verdict: #232,030 ($35,000 [pain & suffering; $20,000 loss of normal life; $45,000 emotional distress; $75,00 disfigurement; $84,530 medical expenses; $40,000 LT). Judge: Randye A. Kogan (IL C ... ook-Law) Pltf Attys: Peter Tarpey and Richard J. Schroeder of Paul B. Episcope LLC Demand: $700,000 Asked: $3,000,000 Deft Atty: J. Michael West of Maisel & Associates (Travelers) Offer: $400,000 Pltf Medl: Dr. Fady Charbel (Neurosurgeon), Dr. James A. Goodwin (Neuro- ophthalmologist), Dr. Robert E. Eilers (Rehab/Physical Medicine), Dr. Steven Rothke, Ph.D. (Neuropsychologist), Dr. Mary Zemansky, Ph.D. (Neuropsychologist) and Dr. Lisa Fortman Family Practice) Deft Medl: Dr. Robert Kazan (Neurosurgeon), Dr. Arvind Kumar (Neurotologist) and Dr. Virgil DiBiase (Neurologist) Pltf Expert: Stanley V. Smith, Ph.D. (Economist) Plaintiff, Female, age 52, self-employed distributor of women's fashion apparrel, was hit on the head by a decending security gate. Defendant admitted liability, admitted that plaintiff received various injuries for which she should be compensated, but claimed that plaintiff was not brain damaged as alleged. Plaintiff claimed c5-6 Herniated cervical disc, with fusion surgery and hardware; memory problems; change in personality; dizziness; convergence disorder; cluster headaches; photosensitivity; depth poerception loss; blurred vision; depression; nausea; aphasia; loss of sense of smell; significant personality changes; loss of organizational skills; fainting; ringing in the ear; seizures; difficulty walking short distances, all of which caused her to lose her career and ability to work in her chosen profession. Plaintiff's Economist, Stan Smith, projected over $1,000,000 in lost future income alone. The lawsuit involved eleven retained experts and a multitude of treating physicians in Neurology; Oto-Neurology; Neurosurgery; Neuro-opthamology; and economics. The Verdict, after a 3-Week Jury Trial was a clear win for the defense, with the verdict being less than what the defense offered prior to trial to settle the dispute.

Construction and development

Michael Zihala v A-Lamp Concrete Construction Inc. 05L-8499

N/A

OUTCOME: Defendant Not Guilty

Verdict: Not Guilty. Special Interrogatories: Was the alleged hazard located at the construction site "open and obvious" to Michael Zihala? "Yes." Did the pltf deliberately encounter the construction s ... ite at a time when he had one or more reasonable alternatives available to him so as to avoid encountering the construction site? "Yes." If A-Lamp made a promise to someone to build a ramp over the construction, did Michael Zihala, himself, rely on that promise prior to the time of his injury? "No." Judge: Susan Ruscitti Grussel (IL Cook-Law) Pltf Attys: Curtis S. Burke of Curtis S. Burke Law Offices and Michael R. Graf of Michael R. Graf P.C. (Arlington Heights) Demand: $500,000.00. Asked: $719,900.00 Deft Atty: J. Michael West of Maisel & Associates (Travelers) Offer: $75,000.00 Pltf Medl: Michael Byrnes, D.P.M. (Podiatrist) May 16, 2004, deft A-Lamp was putting in a new sidewalk in front of plaintiff’s house at 8101 S. Oak Park Ave. in Burbank. The sidewalk was excavated to a depth of approximately six inches and wooden forms were in place, but concrete had not yet been poured. In attempting to walk across the construction that day, the plaintiff stood on one of the wooden forms which gave way and the M-53 forklift operator fell, fracturing the second and third metatarsals in his right foot. This, he alleged, progressively worsened into Charcot's arthropathy in that foot ($8,954 Medical, $335,000 Lost Time 9 years). The plaintiff claimed that, prior to the accident, the defendant contractor agreed to build a handicap ramp over the construction so that plaintiff and a wheelchair-bound grandmother could access the residence, but did not do so. The defense contended the plaintiff was the sole cause of the accident, he was aware that the construction was ongoing, and the construction was open and obvious. Further, it maintained it had no duty to provide a ramp and that construction industry standards did not. require that concrete forms to be built so the forms could be stepped on, as they are merely intended to frame concrete. Finally, the defense argued, the plaintiff had pre-existing medical conditions which would have inevitably developed into Charcot's and he would not have been able to continue working whether or not the accident happened. Prior to trial, the Court entered a partial summary judgment in favor of the plaintiff on the issue of proximate cause, ruling that the accident of May 16, 2004, together with his pre-existing neuropathy, was the proximate cause of his ensuing Charcot's arthropathy. Despite this negative ruling, the defendant’s offer of $75,000 was withdrawn immediately before the trial began.

Construction and development

William Oldenstedt v Marshall Erdman & Associates Inc. v Brongiel Plumbing Inc. Cook County No: OO-L-001933

N/A

OUTCOME: Directed Verdict after 3 week Trial

VERDICT: $781,361 after 35% off $1,202,094 to plaintiff against defendant, Marshall Erdman & Associates ($560,000 past and future pain & suffering; $280,000 past and future disability; $10 ... ,000 disfigurement; $40,892 medical expenses; $248,701 past LT; $62,500 future lost benefits); Directed Not Guilty on last day of trial, in favor of 3rd party deft Brongiel Plumbing. JUDGE: James Michael Varga (Law Division) PLTF ATTYS: Robert N. Waddington and Jeffrey C. Kasten of Robert N. Waddington & Associates DEMAND: $400,000.($300,000 indicated) ASKED: $1,202,000.00. DEFT ATTYS: Shari D. Goggin-Ward of Meachum, Spahr for Marshall Erdman & Associates Inc. (LIBERTY MUTUAL) OFFER: $65,000.00. J. Michael West of Maisel & Associates for Brongiel Plumbing Inc. (ST. PAUL; TRAVELERS). OFFER: $20,000.00. PLTF MEDICAL: Dr. Stavros Maltezos (Neurosurgeon) PLTF EXPERTS: Dr. Jeffrey. Coe (Industrial/Occupational Medicine); Peter Cucuz (Safety); George Launey (Economist) DEFT EXPERTS: Timothy Galarnyk (Safety); Dr. Andrew S. Zelby (Neurosurgeon); Dr. Alvin Kanter (Orthopedist); Arthur A. Eubank, Ph.D. (Economist) for Marshall Erdman & Associates. David Curry, Ph.D. (Human Factors); Brian Murphy, Sundt Construction, 4101 E. Irvington Rd., Tucson, AZ (520-748-7555) (Construction) for Brongiel Plumbing July 22, 1996, pltf M-51 union plumber, employed by 3rd party deft Brongiel Plumbing, was working at a construction site owned by Little Company of Mary Hospital. Deft Marshall Erdman & Associates was the general contractor for the project. Pltf claimed he was told by deft's superintendent to move plumbing materials to the construction site with a rolling plastic dumpster instead of a dolly, which the general contractor had available. While using the rolling dumpster, pltf slipped on a foreign substance and fell, herniating his L4-5 disc. Lumbar surgery at 14-5 was unsuccessful, and the resultant scarring left pltf with a tethered S-1 nerve root, causing permanent low back pain and right leg radiculopathy ($40,892 medl., $248,701 past LT, $62,500 PCV future benefits). Defense contended pltf was sole proximate cause of his injuries, or, in the alternative, that he fabricated his version and the occurrence never happened as described. Defense further argued that pltf's back operation was successful and he was malingering. Third party deft Brongiel Plumbing had waived the Kotecki cap by contract and was therefore fully exposed as to any potential judgment; Brongiel has a $150,000 lien against judgment. NOTE: UPHELD ON APPEAL 4-18-08.

Brain injury

Lawrence Crha v. RPM Courier Systems, Inc. — Cook County No. 97 L 1114

N/A

OUTCOME: Plaintiff exposed as a fraud - V.D. eve of Trial

The plaintiff was loading a truck owned by RPM Courier Systems, Inc., when defendant driver, Robert Sankner, caused a lamppost to fall from a height, striking Crha on the head. Crha attempted to return ... to work but had his first epileptic seizure. Treating neurologist, Dr. Gene Neri, testified that the blow to Larry Crha’s head on November 13, 1995, was the direct and proximate cause of a series of epileptic seizures which began on May 6, 1996 and continued at a rate of approximately 2 to 3 per year thereafter. Various medications had been attempted, all to no avail. Dr. Neri testified that Larry Crha would never work again. The case was approximately 6 months from trial at the time that it was first assigned to me. At that time, Larry Crha had current medical specials greater than $100,000.00, anticipated future medicals over $100,000.00, and future wage loss greater than 1.5 Million. The file was reviewed with an eye towards the potential for fraud. It was learned that Mr. Crha had suffered a closed head injury in the mid1970’s, and had had a period of true epileptiform seizures. Mr. Crha therefore knew how to fake a seizure. Nevertheless, Mr. Crha faked a seizure while actually hooked to an EEG. It is not possible to fake a seizure while undergoing an EEG. Dr. Neri, a self-professed “patient’s advocate” reversed himself at deposition, admitting that the evidence strongly suggested that Mr. Crha was intentionally fabricating his seizure complex. At jury selection, plaintiff’s counsel dismissed the case.

Trucking accident

Victor Lindsay v. Carl E. Wolfe, Dietz & Kolodenki, Inc

N/A

OUTCOME: Clear Victory for Defendants

Pltf Attys: Samuel Briones of Briones, Harvey (Homewood); Peter V. Bustamante of Adler, Murphy DEMAND: $750,000 ASKED: $1,600,000 Deft Atty: J. Michael West of Broderick, Steiger for both defts. (ST. ... PAUL) OFFER: $400,000 Pltf Medl: Dr. Douglas Reagan (Hand Surgeon); Dr. Farid Karimi (Psychiatrist) Deft Medl: Dr. Roderick Birnie (Hand Surgeon) Deft Experts: Dr. Robert R. Schenk (Hand Surgeon); Dr. Michael Vender (Hand Surgeon); Dr. Gene Neri (Neurologist); Dr. Henry Lahmeyer (Psychiatrist) Represented The Target Defendant And Only Defendant At Trial. August 5, 1996, plaintiff deliveryman for Wonder Bread was walking out of the receiving door at Walt’s Grocery Store in Crete, IL, when he was struck by defendant’s backing produce truck. Plaintiff M-50 suffered bilateral ulnar nerve entrapment (ulnar tunnel) carpal tunnel syndrome, cubital tunnel syndrome in both elbows, nerve compression release surgeries at all six locations plus several arthroscopic surgeries, inoperable ruptured ligament at the left scapholunate with resulting carpal bone instability and requiring future fusion surgery, attenuated scapholunate ligament at the right carpal junction also requiring future fusion surgery, attenuated scapholunate ligament at the right carpal junction also requiring future fusion, fractured left clavicle, depression, anxiety, and aggravation of prior radial styloid fracture. Plaintiff was not able to return to work for Wonder Bread, and was allegedly unemployable. Plaintiffs treating psychiatrist testified that plaintiff developed such severe anxiety phobias and dysthymic disorders as a result of the accident that he would likely need institutionalized psychiatric care in the future and could not work in the future even if his multiple physical injuries were medical corrected. Defense contended that the accident did not occur, plaintiff had comparative fault related to walking behind the truck, plaintiff may have staged the accident, and plaintiff was a malingerer. Defense further maintained that all of plaintiff’s physical and psychological problems pre-existed the accident, he was grossly exaggerating his condition, plaintiff had developed a disease state known as polyneuropathy, and his condition was not related to the occurrence. The jury returned a verdict in the amount of $127,500.00.

Defective and dangerous products

Tadeusz and Margaret Klak v. Makita Corporation of Japan

N/A

OUTCOME: Big Win For Plaintiffs in Product Liability

Cook County No. 94 L 2625, Judge Donald O’Brien. Represented plaintiff. Polish-speaking immigrant, had middle finger amputated and index finger reattached using Makita Table Saw. Products liability ju ... ry trial. Defendant claimed injury from blade while plaintiff claimed rip fence was improperly designed and caused powerful kickback. Verdict of $638,593 with zero contributory was subject to $1 00/$300 high/low. Opposing Counsel: Donald Segal of Segal, McCambridge.

Brain injury

Raymond and Karen Busch v. Cottrell, Inc. and Cassens Transport

N/A

OUTCOME: Multi-Million Dollar Verdict For Plaintiffs

Cook County No. 93 L 14850, Judge Deborah Dooling. Represented Plaintiff. Raymond Busch suffered closed head injuries after falling ten feet from the top of an auto hauler manufactured by ... Cottrell, Inc. Karen Busch sought damages for loss of consortium. Plaintiffs went to jury under theories of product liability and negligence. On July 26, 1998, the jury returned a verdict in favor of Raymond Busch for 2.13 million and for Karen Busch in the amount of $400,000.00. The total verdict of 2.53 million was reduced by 15% comparative. Opposing Counsel: Tim McCarthy of Jerome McSheny (Cottrell, Inc.), Patrick Ruberry of Dowd & Dowd (Nu-Car Carriers, Inc.), and Paul Koulas of Purcell &Wardrope (Cassens).

Medical malpractice

Eloise Sullivan v. Michael Reese Hospital and Americana Monticello Health Care Center

N/A

OUTCOME: After tough jury trial, Plaintiff wins on Appeal

Cook County No. 93 L 07037, Judge Sheldon Louise Hall. Represented plaintiff. Medical Malpractice action for ruptured patellar tendon. Plaintiff settled prior to trial with the (target) defendant Dr. ... John McClellan and Humana HMO (settlement was for a substantial sum subject to non-disclosure agreement); Attorney J. Michael West represented plaintiff at jury trial against remaining defendants. Jury found in favor of plaintiff on liability but awarded inadequate damages. Personally drafted and argued appeal to First District Appellate Court. Remanded for new trial (on damages only) settled for $830,000.00. Opposing Counsel: Querrey & Harrow (Americana), Lord Bissell & Brook (Michael Reese Hospital).

Medical malpractice

Estate of Jimmie D. Towns v. Michael Reese, et al

N/A

OUTCOME: Big Win in Brain-Death Medical Malpractice

Represented Plaintiff. Cook County No. 91 L 15763 Judge Richard J. Elrod. Wrongful death medical malpractice (brain death) action with seventeen (17) medical experts. Mary Carter with two defendants p ... retrial, $700,000.00. Two week jury trial resulted in hung jury as to remaining defendants. Prior to second trial, remaining defendants settled for additional $600,000.00. Total recovery was $1,300,000.00. Opposing Counsel: Larry Helms, Swanson Martin & Bell; Charles Hornewer, Hinshaw & Culbertson

Jeremy Michael West's Legal Cases (9)

Cindy Lee v. Urban Retail Properties, Inc. 02 L 000006

Michael Zihala v A-Lamp Concrete Construction Inc. 05L-8499

William Oldenstedt v Marshall Erdman & Associates Inc. v Brongiel Plumbing Inc. Cook County No: OO-L-001933

Lawrence Crha v. RPM Courier Systems, Inc. — Cook County No. 97 L 1114

Victor Lindsay v. Carl E. Wolfe, Dietz & Kolodenki, Inc

Tadeusz and Margaret Klak v. Makita Corporation of Japan

Raymond and Karen Busch v. Cottrell, Inc. and Cassens Transport

Eloise Sullivan v. Michael Reese Hospital and Americana Monticello Health Care Center

Estate of Jimmie D. Towns v. Michael Reese, et al