Jeffrey H. Lipe

Representative Cases:

Mesman v. Crane Pro Services. Represented international crane manufacturer in products liability case involving allegedly defectively designed overhead crane. Plaintiff's left leg was traumatically amputated and his right leg was crushed when a 20,000 pound load of steel fell from the crane. The case was originally tried to verdict in 2003 by another defense firm, and plaintiff obtained a verdict of $16 million. The case was reversed on appeal and sent back to the trial court to be re-tried. We were then retained to represent the defendant. In the second trial, the jury rendered a complete defense verdict.

Barton v. Metra and Chicago and North Western Railroad Co. Represented railroad and local transportation agency defendants in highly publicized trial involving noted violinist Rachel Barton in which she, while disembarking from a Metra commuter train, was dragged 360 feet by the train and run over by its wheels, sustaining traumatic amputation of one leg and degloving injury and partial amputation of the other.

Williams v. Rymer Foods, Inc. Represented manufacturer of turnstile machine in case in which 3 year old child was pinned by turnstile arm. Plaintiff suffered anoxic brain damage with permanent cognitive, speech and physical impairment as a result. Case was settled for cost of defense while motion to dismiss on corporate succession issues was pending. Ultimate settlement of over $8 million as to the other defendants.

Mellon Stuart Construction, Inc. v. Metropolitan Water Reclamation District of Greater Chicago. Represented owner in breach of construction contract claim by contractor and subcontractor for delay damages and escalation costs arising out of $50 million office, shop and warehouse building construction contract. Case was settled for less than 10% of the original amount claimed by the general contractor. Also represented owner in action against professional design firm to recover delay and escalation costs paid because of inadequate plan design.

Nathan Bansolas v. Superior Air-Ground Ambulance. Represented company providing paramedic services in Qui Tam action under False Claims Act. Case dismissed in its entirety before commencement of discovery.

Cairns v. Ty Walk Liquid Sales, Inc. and Elam v. Ty Walk Liquid Sales, Inc. Represented trucking company and tractor-trailer driver in consolidated wrongful death suits involving car driver and passenger. Accident occurred on narrow, two lane road during rain when defendant, who had been following decedents for several miles as they drove erratically (speeding up, slowing down, activating turn signal but proceeding on without turning) attempted to pass decedents, who turned left in front of defendant into farm access road. Plaintiffs asked jury for $10.5 million at trial. Verdict for defendants in both cases.

Martinez v. Ergonomics and Safety Services, Inc. Represented safety company hired by general contractor to oversee safety during demolition of furnace in Streator, Ill. Plaintiff was injured when a 4 x 8 piece of plywood fell 10 feet, allegedly due to unsafe work practices, striking plaintiff in neck and shoulder, causing inability to return to work as union laborer. Plaintiffs asked jury for $4-5 million. Verdict for defendant.

Canfield v. Gilius. Represented defendant in motor vehicle accident case involving death of 6 month old fetus, claimed inability to have additional children, several upper and lower extremity fractures with non-union and delayed healing resulting in 14 surgical procedures, and major depression resulting in claimed inability to return to work and avoidance of most life activities.

General Packaging Productions, Inc. v. Handschy Industries, Inc. Represented commercial ink manufacturer in case involving product liability, breach of contract and warranty claims arising out of ink bleed incident that occurred when allegedly defective ink in wrappers bled into butter.

Clark v. North Central Management, Inc. Represented hotel owner and manager in Americans with Disabilities Act and ERISA case alleging failure to make reasonable employment accommodations, wrongful termination, and denial of health insurance coverage on the basis of employee's infection with the HIV virus. Summary judgment was obtained on behalf of all defendants.

Stephanie Adamson v. Superior Air-Ground Ambulance. Represented ambulance company in case filed by former employee alleging violation of Title VII and Illinois Health Care Right of Conscience Act when terminated for refusing to transport patient to obtain an abortion.

Wells-Keith v. Food Sciences Corp. Represented very low calorie diet manufacturer in wrongful death suit in which the estate alleged that the manufacturer mislabeled the nutritional content of the diet, which led to electrolyte imbalance causing cardiac arrhythmia and death.

Le v. The Interlake Companies. Represented equipment manufacturer in ERISA and declaratory judgment proceedings brought by former employee to obtain life insurance benefits from former employer. Obtained summary judgment on behalf of defendant.

Ostler v Oce-USA. Represented multi-national company in ERISA claims by the estate of deceased former employee seeking to recover the value of life insurance benefits provided under company plan. Summary judgment obtained for the manufacturer. The case was dismissed on appeal without any payment by client.

Native American Arts v Bundy Howard. Represented manufacturer and distributor of arts and crafts in $60 million claim under the Indian Arts and Crafts Act alleging that manufacturer falsely misrepresented its products as having been made by Native Americans.

Estate of Tracy Ecklund v. Jevic Transportation. Represented trucking company in wrongful death and personal injury claims filed in state and federal courts arising out of 11 vehicle accident occurring when the defendant truck driver failed to stop for a red light at an intersection. The admitted liability wrongful death claim was tried to verdict, with the verdict amount equal to the defendant's pre-trial offer of $1 million. The pre-trial settlement demand was $10 million.

Appellate Decisions:

American National Bank V. Thompson, 158 Ill.App. 3d 478, 511 N.E.2d 1206 (1st Dist. 1987). Affirmed successful defense verdict in wrongful death claim involving truck/auto collision resulting in wrongful death of mother of two year old child.

Ali Yacoub v. Chicago Park District, 248 Ill.App.3d 958, 618 N.E.2d 685 (1st Dist. 1993). Affirmed grant of defendant's motion for summary judgment on the grounds of open and obvious danger and landlord non-liability for tenant created defects in case involving the drowning deaths of two small children.

Waller v. Bagga, 219 Ill.Qpp.3d 542, 579 N.E.2d 1073 (1st Dist. 1991). Affirmed successful defense verdict for minimal damages in automobile accident case in which plaintiff claimed permanent disability and loss of income from back injury.

McDermott v. Metropolitan Sanitary District, 240 Ill.App.3d 1, 607 N.E.2d 1271 (1st Dist., 1993). Affirmed good faith settlement of claim for 10% of the damages ultimately awarded while the jury was deliberating.

Ostler v. Oce, USA, Inc., 2001 U.S. Dist. LEXIS 16369; 26 E.B.C. 2623. U.S. District Court for the Northern District of Illinois decision granting summary judgment in favor of defendant on claim for breach of fiduciary duty under ERISA.

Jackson v. Illinois Medi-Car, Inc., 2001 WL 1286804, aff'd 300 F.3d 760 (7th Cir. 2002). Affirmed summary judgment on behalf of medi-car company and driver against claims that defendants violated plaintiff's constitutional rights.

Collins v. Superior Ambulance Company, 338 Ill.App. 3d 812, 789 N.E.2d 394, 273 Ill.Dec. 494 (1st Dist. 2003). Reserved and remanded dismissal of case based on res ipsa loquitor.

Jeffrey H. Lipe

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