Attorney Daniel Francis Gallagher's Legal Cases

Government

Adames v. Sheahan, 233 Ill.2d 276 (2009)

Mar 19, 2009

OUTCOME: Illinois Supreme Court Reversed Appellate Court

The Illinois Supreme Court ruled that the Sheriff of Cook County could not be held liable for the shooting death of a child under the theory of respondeat superior, where the shooter accessed his fathe ... r's duty weapon. Even though the father and owner of the gun was required to store the gun in a safe place due to departmental general orders, the court refused to extend vicarious liability to the office of Sheriff.

Constitutional

Jasper v. Chicago National League Ballclub, 309 Ill.App.3d 124 (1999)

Dec 08, 1999

OUTCOME: Decision in favor of Cubs

Plaintiff sued the owner of Wrigley Field, Chicago National League Ballclub (Cubs), after he was struck in the eye by a foul ball during a game. Plaintiff alleged that before 1992 a net hung between th ... e upper deck and the top of the backstop preventing foul balls from entering the seats behind home plate. The Cubs permanently removed the net when it built sky boxes suspended from the upper deck behind home plate in 1992. Plaintiff alleges that the Cubs assumed a duty to protect patrons from foul balls when it first installed the net and that they breached that duty when they wilfully and wantonly and negligently removed the net without warning patrons of the increased risk of harm. Plaintiff also contended on appeal that the Ill. Baseball Facility Liability Act exempting baseball facilities from acts of negligence was unconstitutional special legislation.

Civil rights

Marlita Thomas v. Sheriff of Cook County

N/A

OUTCOME: Sheriff obtains 7th Circuit reversal.

Plaintiff alleged that the Sheriff of Cook County had a practice, policy or procedure in violation of plaintiff's decedent's constitutional right to medical treatment while Plaintifff's decedent was in ... carcerated in the Cook County Jail as a pre trial detainee. As a result, plaintiff's decedent, Norman Smith,died after contracting pneuomcoccal meningitis which went untreated allegedly as the result of the Sheriff's unconstitutional policy. The plaintiff also made a Monell claim against the County of Cook. Seven individual officers were also alleged to have violated the inmate's right to medical treatment as well as state claims involving wilful and wanton conduct. After a jury trial, the Jury returned verdicts against 3 individual defendants and both the Sheriff and the County and awarded the plaintiff's estate $4.3 million. On appeal it was argued on behalf of the Sheriff that the plaintiff failed to prove any Monell violation by the Sheriff which was the proximate cause of decedent's demise. The 7th Circuit reversed the judgment against the Sheriff outright. The verdicts against the County and the individual defendants were upheld.

Daniel Francis Gallagher's Legal Cases (3)

Adames v. Sheahan, 233 Ill.2d 276 (2009)

Jasper v. Chicago National League Ballclub, 309 Ill.App.3d 124 (1999)

Marlita Thomas v. Sheriff of Cook County