Insurance Defense
-
Dismissal with Prejudice – Civil Rights in Dog Bite Case
Kimberlee Massin and Cara M. RafanelliApril 2023BVH obtains dismissal with prejudice in favor of municipality and law enforcement officers in a case alleging violation of plaintiff’s civil rights when officers responded to reports of a dog at large and attacking citizens, ultimately dispatching the dog while it was attacking plaintiff.
-
Dismissal with Prejudice – Civil Rights in Remote Learning Environment
Alison M. Harrington and Cara M. RafanelliMarch 2023BVH obtains dismissal with prejudice in favor of police officer in a case alleging violation of plaintiffs’ civil rights when officer responded to a well-being check on a minor observed playing with a handgun during a remote learning class.
-
Trial win in multi-fusion rear end collision case for BVH
Tom Costello and Wade ShimerOctober 2022BVH secures not guilty verdict in rear-end, multiple fusion trial
-
Defense Verdict and Counterclaim Win – Auto Accident
Tom Costello and Wade ShimerDecember 2020Defense Verdict and Recovery on Counterclaim in Covid-Impacted Trial
-
Defense Verdict - Negligent Entrustment case where Plaintiffs asked the jury to award $43 million
Lori A. Vanderlaan and Mathew K. HargraveMarch 2020BVH obtains a defense jury verdict in a negligent entrustment case where two young men died and Plaintiffs asked the jury to award $43 million.
-
Summary Judgment – Premises/Construction
Fritz WilsonJuly 2018BVH won summary judgment on behalf of a client, a general contractor, where Plaintiff alleged that negligent installation of a gutter and downspout caused her to trip and fall on a natural accumulation of ice.
-
Dismissal with Prejudice – Premises/Altercation
Fritz Wilson and Sarah JinMay 2018BVH secures a dismissal with prejudice on behalf of a client when Plaintiff alleged negligent security resulted in injuries.
-
Motion to Dismiss with Prejudice Granted - Auto Accident
Scott McKennaJuly 2017BVH wins dismissal with prejudice for client who was sued after the statute of limitations had run.
-
2-615 Dismissal With Prejudice Affirmed on Appeal - Alleged Injury due to Restaurant Melee
Lori A. Vanderlaan and Mathew K. HargraveMay 2017BVH prevails on appeal after obtaining dismissal with prejudice on behalf of an alleged restaurant owner where Plaintiff alleges to have been injured during a fight at the restaurant.
-
Dismissal with Prejudice - Flooring Subcontractor Sued by General Contractor
Mathew K. HargraveMay 2017BVH obtains a dismissal with prejudice of a third party complaint for contribution where investigation revealed that the general contractor did not conduct a proper investigation or have a good faith basis for bringing the flooring contractor into the case where Plaintiff claimed over $100,000 in medical bills.
-
Summary Judgment Affirmed on Appeal - Alleged Injury from Concrete Pump on Construction Site
Lori A. Vanderlaan and Mathew K. HargraveMay 2017BVH prevails on appeal after obtaining summary judgment in favor of a concrete pumping company where Plaintiff alleged a career-ending injury due to the concrete pump operator's actions in controlling the pump.
-
Dismissal with Prejudice – Failure to Timely Serve Complaint
Fritz V. WilsonJanuary 2017BVH secures a Dismissal with Prejudice based on failure to timely serve Defendant
-
Agreed Voluntary Dismissal after filing of Motion to Dismiss
Alison M. Harrington and Fritz V. WilsonDecember 2016BVH secures a voluntary dismissal of client after filing a Motion to Dismiss
-
Dismissal with Prejudice - Dram Shop Act/Voluntary Undertaking
Kimberlee Massin and Carrie LindenDecember 2016BVH secures dismissal with prejudice of tavern in voluntary undertaking claim
-
Summary Judgment Granted - Slip & Fall
Kimberlee Massin and Denise N. KruseDecember 2016BVH prevails on summary judgment on behalf of client when plaintiff allege she slipped and fell on grease.
-
Summary Judgment Affirmed on Appeal
James F. Best and Fritz V. WilsonNovember 2016BVH summary judgment in a premises liability case and affirmed on appeal by the First District
-
Settlement - Trip and Fall
Lori A. Vanderlaan and Thomas J. Costello, IIISeptember 2016BVH obtains nuisance value settlement of trip and fall claim to save costs of summary judgment and potential appeal
-
Settlement – Parking Lot Wrongful Death
Mathew K. HargraveJuly 2016BVH obtains favorable settlement in wrongful death and injury case involving an alleged dangerous parking lot design and configuration
-
Settlement – Parking Lot Trip and Fall
Mathew K. HargraveJune 2016BVH obtains favorable settlement soon after eliciting treating physician testimony reducing claimed medical by $85,000
-
Settlement - Auto vs. Motorcycle
Scott D. McKennaMay 2016BVH obtains favorable settlement on behalf of motorist sued by Plaintiff claiming significant injuries
-
Binding Arbitration – Pedestrian Struck by Car
Scott D. McKenna and Christina M. TribbiaApril 2016BVH obtains favorable binding arbitration award in favor of motorist that struck pedestrian in a crosswalk
-
Dismissal without Discovery or Motion Practice - Dram Shop
Lori A. Vanderlaan and Kimberlee MassinNovember 2015BVH secures dismissal of liquor manufacturer in dram shop claim prior to any responsive pleading or discovery.
-
Dismissal without Discovery or Motion Practice - Prooduct Liability
Thomas J. Costello, III and Denise N. KruseNovember 2015BVH secures dismissal of large property damage product liability claim prior to any responsive pleading or discovery.
-
Summary Judgment - Auto Negligence
Scott D. McKennaOctober 2015BVH obtains summary judgment for driver that admits that he stopped suddenly, which then led to a chain reaction accident behind him causing significant injuries.
-
Dismissal - Municipal Liability
Scott D. McKennaAugust 2015BVH obtains dismissal on three consecutive Complaints in defense of municipality on claims of violation of Due Process, Equal Protection and Voting rights.
-
Summary Judgment - Municipal Liability
Scott D. McKennaJune 2015BVH obtains summary judgment in defense of municipality on a claim for over $2,000,000 in damages for mold exposure, property damages, clean-up costs and loss of business as a result of chronic flooding occurring to the plaintiff’s property/business.
-
Summary Judgment - Premises Liability
James F. Best and Fritz V. WilsonJune 2015BVH obtains summary judgment on a premises liability case where the Plaintiff alleged she fell due to defects on the premises.
-
Punitive Damages Disallowed - Dog Attack
Alison M. Harrington, Fritz V. Wilson, and Timothy P. PetersonApril 2015BVH obtains a favorable ruling disallowing a claim of punitive damages in a case alleging significant injuries from a dog attack.
-
Dismissal - Animal Attack/No Duty and Exclusivity of Worker’s Compensation
Lori A. Vanderlaan and Mathew K. HargraveApril 2015BVH obtains dismissal of a dog attack claim based on there being no duty owed by Defendant and separately based on the exclusivity of worker’s compensation as the remedy for Plaintiff’s claim.
-
Jury Verdict - Battery During Cemetery Altercation
Scott D. McKennaFebruary 2015BVH obtains favorable jury verdict following trial of case where Plaintiff alleged he was attacked by Defendant during an altercation at a cemetery.
-
Summary Judgment - Excessive Force
Lori A. Vanderlaan and Joseph E. UraniNovember 2014BVH obtains summary judgment in favor of all police officers in a case alleging excessive force during an arrest.
-
Dismissal - Failure to Diligently Obtain Service of Process
Kimberlee Massin and Carrie LindenOctober 2014Kimberlee Massin and Carrie Linden obtained dismissal of a claim where Plaintiff was not diligent in securing service of process on Defendant.
-
Summary Judgment - Animal Control Act
Alison M. Harrington and Fritz V. WilsonAugust 2014BVH obtains summary judgment in the defense of dog owners in the case where Plaintiff alleged a dog attack led to severe and permanent injuries.
-
Settlement - Miscarriage/Motor Vehicle Accident
Lori A. Vanderlaan and Mathew K. HargraveMay 2014BVH obtains favorable settlement in favor of a commercial vehicle owner and operator in a case alleging a rear-end motor vehicle accident caused Plaintiff’s miscarriage.
-
Dismissal - Contract Defense and Indemnity Claim
Lori A. Vanderlaan and Fritz V. WilsonJanuary 2014BVH obtains dismissal of a claim by Plaintiff's employer for breach of contract in failing to defend and indemnify the employer regarding claims against it and for over $400,000 in worker’s compensation payments.
-
Summary Judgment - Premises Liability
Scott D. McKenna and Christina M. TribbiaDecember 2013BVH obtains summary judgment in favor of Defendant in a case where Plaintiff allegedly sustained injury due to a manhole cover on the property not being properly maintained.
-
Summary Judgment Affirmed on Appeal - Premises Liability
Scott D. McKenna and Christina M. TribbiaDecember 2013BVH obtains summary judgment, affirmed on appeal, in favor of Defendant property manager in a case where Plaintiff alleged a fall down stairs caused by a lack of a railing in violation of Chicago Building Code.
-
Summary Judgment Affirmed on Appeal - Premises Liability
Scott D. McKenna and Christina M. TribbiaMay 2013BVH obtains summary judgment, affirmed on appeal, in favor of Defendant property owner in a case where Plaintiff alleged a dangerous condition on the premises in the form of a metal vault lid on the sidewalk resulting in a slip and fall with injuries.
-
Binding Arbitration Decision - Homeowner Not Liable for Chimney Collapse
Scott D. McKenna and Mathew K. HargraveMay 2013BVH obtains not liable finding at Binding Arbitration in favor of a rental property owner in a case alleging a failure to maintain and inspect the property allegedly resulting in a chimney collapse and Plaintiff falling 24' off the roof and sustaining severe hip fractures and $1.3 million in special damages claimed.
-
Jury Verdict - Bicyclist Rides Into Trench Under Construction
Scott D. McKenna and Mathew K. HargraveMarch 2013BVH obtains a jury verdict significantly lower than the amount the jury was asked to award in a spinal cord injury case.
-
Jury Verdict - Left Turning Plaintiff
Scott D. McKenna and Christina M. TribbiaJanuary 2013BVH obtains defense jury verdict in left-turn auto accident case.
-
Jury Verdict - Not Guilty for Death Claim under Dram Shop Act
Lori A. Vanderlaan, Kimberlee Massin, and Carrie LindenJanuary 2013BVH obtains defense jury verdict in favor of Defendant social club in a death claim brought under the Dram Shop Act.
-
Settlement - Wrongful Death/Product Design Defect
James F. Best and Mathew K. HargraveNovember 2012BVH obtains favorable settlement in favor of a design engineering firm that designed bicycle racks used by transit authorities throughout the country in a case where Plaintiff died after being run over by a transit bus while attempting to remove her bicycle from the front-mounted bicycle rack. Discovery proved that the design was not defective in any way and complied with the transit authority's specifications. As a result, and while the design firm's Motion for Summary Judgment was pending, Plaintiff settled with it for less than 1% of the total settlement.
-
Dismissal - Dram Shop Act and Impaired Minor Act
Lori A. Vanderlaan and Kimberlee MassinJune 2012BVH obtains dismissal of a Dram Shop Act claim and a negligence claim pursuant to the Drug and Alcohol Impaired Minor Responsibility Act (“Impaired Minor Act") against a liquor store.