Jefferson County, Illinois

Confidential v Confidential

The Plaintiff was a 54-year-old lady who was having hip pain. She consulted with a local orthopedic surgeon who, without proper workup, decided to do a hip replacement. During the surgery, the doctor encountered problems, resulting in the hip prosthesis being implanted incorrectly. The patient was left with one leg longer than the other.

To correct this, a second surgery would be needed to remove the hardware and replace it. The Pierce Law Firm went to bat for her. During discovery, the doctor was forced to admit that the device was not positioned correctly. Mr. Pierce even had the expert hired by the defendant concede that a second surgery was necessary to fix the mistakes. Rather than face trial, the doctor agreed to a confidential settlement.

7th Circuit Court of Appeals

White v City of Breese

Plaintiff had a tumultuous relationship with her ex-boyfriend. On one occasion, it turned violent and Breese police were called. Both parties were covered in blood. The police arrested White on suspicion she had stabbed her Ex, something she vehemently denied. White was charged with domestic battery but ultimately acquitted. She then sued the police, claiming false arrest.

Mr. Pierce successfully convinced the trial court that the officers had acted properly, resulting in a summary judgment. White then appealed, but the United States Court of Appeals sided with Pierce’s clients.

Effingham County, Illinois

Bergfeld v County of Effingham

Plaintiff worked for a construction company. He had gone to the County garage to perform repairs in the ceiling insulation. While Bergfeld was working in one of the bays, a County driver was attempting to reenter the building and opened the overhead door. Plaintiff was forced to retreat, hand-over-hand, along the door rail.

Unfortunately, the door was quicker, crushing plaintiff’s hand and leaving him hanging 15 feet in the air until rescuers could reach him. Plaintiff alleged that the County should have instructed drivers not to open the doors and/or warned plaintiff that trucks would be returning soon. Mr. Pierce assumed the defense from another law firm after the close of discovery. The jury reached a unanimous verdict in favor of the County and its driver.

Southern District of Illinois

Puklich v Vambaketes

The plaintiff runs a tattoo parlor in Alton. He was a potential witness in a criminal investigation. Officer Vambaketes went to the plaintiff’s business to serve Plaintiff with a subpoena. Plaintiff alleged that, after a heated discussion between the officer, plaintiff’s wife and others, Vambaketes struck Puklich in the face. The jury exonerated the police officer.

Southern District of Illinois

Huddleston v City of Alton

Plaintiff was a 57 year old man with no prior police interaction. In December of 2008, his wife collapsed and was rushed to the hospital. He became distraught upon being advised of her death. Hospital personnel tried to restrain him from going to see his wife, and ultimately called the Alton Police. The police were advised that a family was fighting, not that a man was grieving.

Plaintiff was eventually tased, cuffed and arrested, within minutes of his wife’s death. The Jury exonerated the officers, finding that that acted appropriately given the information available to him.  The Court had earlier, on motion of the defense, excluded evidence that the plaintiff had suffered from rhabdomylosis as a result of the tasing, finding that the causal connection was speculative.

Madison County, Illinois

Adelsbach v City of Alton

The Plaintiff was a 29 year old medical equipment salesman, earning over $100,000 a year. While traveling through Alton, he was T-boned at an intersection. He suffered extensive injuries, including traumatic brain damage. Since the accident, he has been unemployable. Plaintiff cited to a history of wrecks at this intersection and argued that the City should have left it a 4-way stop, which it had been for a period of time. The jury rejected plaintiff’s argument and his request for $15.2 million in damages.

Madison County, Illinois

Kahrig v Illinois Southwest Orthopedics, Ltd

Plaintiff, a 29 year old contractor, presented with knee pain. After a workup failed to identify the source, the surgeon did a diagnostic athroscopy. During this procedure, he elected to perform a lateral retinacular release, a procedure which is somewhat controversial in the field of orthopedics. The plaintiff became disillusioned during his rehab, expecting to be back to full strength quicker and claimed that he did not consent to this procedure.

By the time of trial 5 years post-surgery, he continued to have weakness and pain. He claimed that it impacted his earning ability to the tune of about $1.5 million, past and future. Mr. Pierce obtained a defense verdict for the physician, despite the defendant’s expert conceding that he wouldn’t have done what the defendant did.

Southern District of Illinois

Pollack v City of West Frankfort

The plaintiff was turned down for a job with the city. He filed an age discrimination claim with the EEOC. The city settled the claim by giving him the job plus a cash payout. He worked 11 days before being fired. He again filed an age discrimination claim and also alleged that his termination was in retaliation for the first claim. Mr. Pierce persuaded the jury that plaintiff simply wasn’t cut out for the job, regardless of his age. The jury reached a defense verdict in 30 minutes.

Southern District of Illinois

Suydam v City of Lebanon

The plaintiff was the administrative assistant to the Police Chief. After she was fired, she claimed that she was sexually harassed and had been told that she’d get better evaluations if she provided sexual favors to the Chief. Mr. Pierce convinced the jury otherwise, resulting in a defense verdict.

Southern District of Illinois

Desalvo v City Of Collinsville

A taser was used on the plaintiff during his arrest. He sued, alleging that the force was excessive. The case was surrounded by much publicity over the use of Tasers by police in general. Despite an amateur video of the arrest which seemed to support plaintiff’s version of events, the jury found in favor of the police officer.

Madison County, Illinois

Hyrsko v. Stein

In this case, the plaintiff was severely injured when his car struck the defendant’s truck which had stalled on the road. The stalled truck was not licensed to be on the road and was not equipped with any type of flares or other warning devices. Additionally, the flashers were broken. After the truck stalled, the driver left the vehicle unattended to go get help.

Mr. Pierce assumed the defense of this case from another firm shortly before trial. At trial, the plaintiff asked the jury for a total of $9,000,000 in punitive and compensatory damages. Mr. Pierce, however, successfully convinced the jury to award only $560,000 which was an amount virtually identical to the offer which was on the table when trial started.

Central District of Illinois

Owens v. Village of Irving

The plaintiff claimed that he had been subjected to excessive force during a field sobriety test administered by an Irving police officer. Mr. Pierce obtained summary judgment for the Village and its officials, then subsequently obtained a jury verdict in favor of the police officer.

St. Clair County, Illinois

Rikli v. Cueto, Cueto & Cueto

Mr. Pierce represented a prominent local plaintiff’s attorney in this premises liability claim. The plaintiff was a sole practitioner who tripped and fell over a clear glass table in the defendant’s offices, breaking his hip. He sued for $500,000 in medical costs and lost wages. Despite testimony by the plaintiff’s expert witnesses that the size and location of the table were improper for the office environment and interfered with delineated traffic patterns, Mr. Pierce secured a jury verdict for his client.

Williamson County, Illinois

Kite v. Kroger

The plaintiff claims to have slipped and fallen on a grape at defendant’s store. Plaintiff denied having ever suffered similar injuries. Through discovery, defendant found that plaintiff had a longstanding history of prior medical problems and greatly impeached the plaintiff’s credibility with these facts at trial. The jury quickly returned a defendant’s verdict.

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