FAVORABLE RESULTS
- 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.
- 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.
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