Areas of Practice:

Aircraft Disaster Litigation

Propane Gas Litigation

Products Liability Litigation

Construction Litigation

Commercial Contract Litigation

Catastrophic Injury and Loss Litigation

Admitted:

Illinois

U.S. District Court Northern District of Illinois

U.S. District Court Central District of Illinois

U.S. District Court Southern District of Indiana

U.S. District Court Western District of Michigan

Admissions Pro Hac Vice:

Indiana Superior Court, Lake County, Indiana
Iowa District Court, Dubuque County, Iowa
Florida District Court, Middle District, Tampa Division
Circuit Court of the Twelfth Judicial Circuit, Sarasota County, Sarasota, Florida
Montgomery County Circuit Court, Rockville, Maryland
Milwaukee County Circuit Court, Milwaukee, Wisconsin
Taney County Circuit Court, Ozark, Missouri
Jefferson County Circuit Court, Louisville, Kentucky

Education:

University of Illinois College of Law, Champaign, IL
J.D., Doctor of Jurisprudence
Honors: Cum Laude

Lewis University, Romeoville, Illinois
B.A., Bachelor of Arts
Honors: Valedictorian.
Major: Criminal Justice; Minor: Philosophy

Honors and Awards:

Named by his peers as one of the Top Lawyers in Illinois as see in Chicago magazine 2013

Martindale Hubbell Peer Review rating of "AV" (highest rating)

Named Super Lawyer in Illinois 2007-2013

Named one of Top Lawyers in Illinois in Civil Defense Litigation

Named one of Top Lawyers in Illinois in Aviation Law

Named a Top Lawyer by Leading Lawyers Network

Presentations:

"Ten Critical Steps to Effective Rainmaking," National Association of Insurance Litigation Management, January 30, 2003

"Litigation Therapy: Ten Steps to Building a Strong Defense to Malpractice Claims," private industry presentation, June 2005

"Propane Claim Training Seminar: Catastrophic Propane Explosions and Carbon Monoxide Claims," presented to St. Paul Travelers, November 17-18, 2006, Orlando, FL

"Debunking the Neuropsychological Injury," presented to Markel American Insurance Company Nationwide Panel Counsel, April 26-27, 2006, Pewaukee, WI

"Smooth Sailing: Navigating the Rough Waters of Modern Day Practice," presented to Physicians Insured by ProAssurance, October 19, 2006

"Litigation Therapy: Ten Steps to Building a Strong Defense to Malpractice Claims," presented to Athletico Physical Therapy, Fall 2006

"Follow The Yellow Brick Road to Technology in Trial," Chicago Bar Association 2007 Law Practice Management & Technology Conference, January 12-13, 2007, Chicago, IL

Publications and Articles:

An Attack on the Fortress of ERISA Preemption: The Impacts and Effects of Rush Prudential HMO, Inc. v. Moran, Stephen W. Heil and Douglas M. DeWitt (2002)

Contractors Beware! Revised OSHA Rules Offer No Safety For Defendants, Stephen W. Heil and Michael D. Huber, September, 2001 - Click to read »

Warrantless Searches of Forfeited Property/Proof of Conspiracy, Illinois Bar Journal, Vol. 77, pp. 224-227, December, 1988

Ten Critical Steps to the Effective Defense of a Transportation Case: The End Drives the Means, DRI publication: For the Defense, October 1999 - Click to read »

Professional Associations :

Propane Gas Defense Association

Defense Research Institute (Construction Law and Trucking Law sections)

Representative Cases:

Commercial/Construction

ERISA

Medical Malpractice

Products Liability

Transportation

Commercial/Construction Litigation:

Case:

Baker Mellon Stuart Construction, Inc. v. Metropolitan Water Reclamation District of Greater Chicago.

Court: United States District Court for the Northern District of Illinois. ]

Judge: Judge Harry Leinenweber

Plaintiff's Counsel: John Mrowiec of Stein, Ray & Conway

Client: Metropolitan Water Reclamation District of Greater Chicago.

Facts: Breach of contract suit against the Metropolitan Water Reclamation District of Greater Chicago concerning the construction of office, shop and storage facilities at the District's Stickney Water treatment plant. The suit alleged damages for delays experienced by the General Contractor and all of its subcontractors due to errors and omissions contained in the plans and specifications for the $52,000,000 project. The project was delayed more than 4 years, and plaintiff claimed over $16,000,000 in damages.

Result: Case settled prior to trial

Case:

Knight Architects, Engineers, Planners v. Metropolitan Water Reclamation District of Greater Chicago.

Court: Circuit Court of Cook County.

Judge: Judge Lee Preston

Plaintiff's Counsel: Marc Friedlander of Schiff, Hardin & Waite

Client: Metropolitan Water Reclamation District of Greater Chicago.

Facts: Breach of contract suit against the Metropolitan Water Reclamation District of Greater Chicago concerning the construction of office, shop and storage facilities at the District's Stickney Water treatment plant. The suit seeks unpaid contract fees allegedly owed to Knight in excess of $200,000. The District has counterclaimed for over $20,000,000 for damages incurred in construction cost overruns and other delay damages resulting from the errors and omissions contained in the plans and specifications prepared by Knight.

Result: Case is pending

Case:

AT/Comm, Inc. v. Illinois State Toll Authority.

Court: United States District Court for the Northern District of Illinois

Judge: Judge Charles Kocoras

Plaintiff's Counsel: Hedlund, Hanley & John.

Client: Syntonic Corp, successful bidder on the I-Pass project.

Facts: Breach of contract suit and Declaratory Judgment action filed by an unsuccessful bidder to prevent the award of the contract for the installation of an electronic toll collection system.

Result: Case dismissed on our motion challenging plaintiff's standing to bring the suit.

Erisa Litigation:

Case:

DeBartolo v. Benefit Systems & Services, Inc., et al.

Court: United States District Court for the Northern District of Illinois

Judge: Judge David Coar

Plaintiff's Counsel: Carey Stein, Ashman & Stein, Chicago, IL.

Client: Benefit Systems & Services, Inc..

Facts: Plaintiff sued defendant third party administrato and an ERISA plan for denied medical expenses and claims. Plaintiff asserted claims under ERISA and state law for misrepresentation and estoppel. Defendant denied it was proper party to be sued under ERISA as claims administrator and challenged plaintiff's assignment of claims from the insured

Result: Summary judgment granted for Benefit Systems & Services, Inc, our client.

Product Liability Litigation:

Case:

Chicago-Dubuque Foundry, Employers Mutual Company v. C&D Technologies, et al; Tuthill Corp. et al., v. C&D Technologies, et al.

Court: District Court of Dubuque County

Judge: Judge Lawrence Fautsch

Plaintiff's Counsel: Barry Russell, Jill Augustine, Mark Cullen, Todd Stevenson, Tom Caswell

Client: C&D Technologies

Facts: Fire subrogation and business interruption claim made by a foundry completely destroyed by a fire allegedly caused by a connector attached to a battery powered for lift. Insurer paid over $7 million dollars for the loss, and sought recovery in subrogation for those costs. The foundry had a separate claim for business interruption of over $8 million dollars, and various property owners had individual claims for the destruction or damage to their property housed on the premises, totaling another $3.9 million dollars. Plaintiffs also claimed conspiracy among the defendants and were seeking millions in punitive damages. This case was the largest case ever in Dubuque County Iowa, in terms of claimed damages, number of parties and complexity of issues.

Result: Case settled during jury selection

Medical Malpractice Cases:

Case:

Disko v. Hadden

Court: Circuit Court of Cook County, Illinois

Judge: Judge Carol Pearce McCarthy

Plaintiff's Counsel: Barry Chafetz

Client: Paul Hadden and Athletico, Ltd.

Facts: Plaintiff alleged torn ACL and lateral mniscus while performing rehabilitative exercises at Athletico.

Result: Verdict for Defendants

Transportation Cases:

Case:

Rubel v. Keeshin Charter Service

Court: Circuit Court of Cook County, Illinois

Judge: Judge Walter Kowalski

Plaintiff's Counsel: Terrence J. Leonard

Client: Keeshin Charter Service and Lee Lampley

Facts: Defendant commercial bus driver made an illegal u-turn on the tollway, causing plaintiff to suddenly have to swerve to his left onto the shoulder. Plaintiff struck the rear side of the defendants' bus and careened into the concrete wall. Plaintiff sustained two herniated discs in his lumbar spine which prompted two laminectomies and a complete fusion of his entire lumbar spine from L1-L5. Plaintiff owned his own construction company and worked as a general contractor. He was rendered disabled after the accident and could no longer return to work or run his business. Plaintiff had over $250,000 in medical bills. Plaintiff asked for $1,700,000 from the jury in damages

Result: Verdict for plaintiff for $50,000, reduced by 50% for plaintiff's comparative fault, thus plaintiff recovered $25,000

Case:

People of the State of Illinois v. Expressco Inc. and Jerry Fleshman

Court: Circuit Court of Tazewell County

Judge: Judge John Barra

Plaintiff's Counsel: Robert Riffle

Client: Expressco, Inc. and Jerry Fleshman

Facts: Defendant truck driver was hauling an oversized Caterpillar earth mover along Interstate 74 near Peoria, Illinois. Due to the height of the earth mover, defendant was prohibited from passing under certain overpasses, and was required to obtain a permit for the oversized load. Defendant not only failed to obtain the necessary permit, but also failed to exit the interstate when required to do so given the low clearance of a particular overpass. The top of the earth mover struck the underside of the bridge causing over $62,000 in damage. The defense claimed that the State of Illinois made other non-related repairs to the bridge due to damage caused by other drivers, failed to competitively bid the repairs, and failed to mitigate their damages by waiting over 5 years to bid the project

Result: Verdict for Plaintiff for $36,000

Case:

Williams v. Williamson

Court: Circuit Court of Cook County, Illinois

Judge: Judge Ronald J.P. Banks

Plaintiff's Counsel: James Reho

Client: Walter Williamson and Nateka Poole.

Facts: Plaintiff was struck by the defendants' car as she tried to cross 159th Street in Harvey to catch a bus. Plaintiff claimed she was crossing in the crosswalk and with the light. Plaintiff sustained fractures to both legs and was rendered permanently disabled. Her medical bills were over $100,000

Result: Directed not guilty for defendants at the close of plaintiff's case in chief

Case:

Petruleas v. Reszotko

Court: Circuit Court of Cook County, Illinois

Judge: Judge Edward Burr

Plaintiff's Counsel: Kent Lucaccioni

Client: Nanette Reszotko

Facts: Defendant was traveling down a residential street in the curb lane of a four lane street. A van driven by codefendant was in the left lane and came to a stop near an intersection. As our defendant started to pass the van, the plaintiff pedestrian ran from in front of the van upon being waved to do so by the driver of the van. Plaintiff was struck by our driver and sustained crippling injuries and loss of some cognitive functioning. Plaintiff had over $160,000 in medical treatment with future surgery indicated

Result: First trial resulted in a mistrial. Case settled for $15,000 thereafter

Case:

Borenstein v. Jang

Court: Circuit Court of Cook County, Illinois

Judge: Judge Ronald Davis

Plaintiff's Counsel: John Hedrich of Robert Patterson's office

Client: Huinkyo Jang

Facts: Defendant ran a stop light and struck two vehicles. Plaintiff, a passenger in one of the vehicles, claimed to have suffered a herniated disc, a cervical strain and a lumbar strain. Plaintiff's specials were over $15,000 and plaintiff claimed continuing disability and pain. Plaintiff's demand prior to trial was the policy limit of $20,000. Defendant had offered $8,000 before trial. Plaintiff asked for over $83,000 at trial

Result: Verdict for plaintiff for $6,167.45

Case:

Trabert v. Steel Transport and Oscar Valez

Court: Circuit Court of Lake County, Illinois

Judge: Judge Charles Scott

Plaintiff's Counsel: Thomas J. Popovich of Patrick Salvi's office

Client: Steel Transport and Oscar Valez

Facts: Defendant truck driver made a left turn in front of the plaintiff, causing the plaintiff to strike the trailer of defendant's vehicle. Plaintiff (21 years old) sustained a fractured T-1 vertebrae, two fractured ribs, a bulging disc at L4-L5 and a fracture of his wrist. Plaintiff's demand before trial was $250,000. Defendant offered $100,000. Plaintiff asked for $496,000 at trial

Result: Verdict for plaintiff for $143,396

Born:

March 6, 1965, Romeoville, Illinois, United States of America

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