Leslie J. Rosen

Significant Appeals

 

Dempe v. Metropolitan Pier and Exposition Authority, 2016 IL App (1st) 142535-U

Affirmed $22+ million verdict for worker injured when he fell off a work cart that veered to avoid a vehicle coming up the "down" ramp at McCormick Place.

Whitebread v. Consolidated Grain and Barge Co., 2015 IL App (2d) 140574

Appellate Court affirmed $17 million judgment on behalf of two young men who were killed in a grain elevator facility when they got caught in the corn flow in the bin and died by suffocation. A third victim survived but was seriously injured. Defendant, the former owner of the premises who still controlled them, unsuccessfully argued that it could not have foreseen that the actual employer would have placed the victims in such a dangerous situation.

Graham v. Nw. Mem'l Hosp., 965 N.E.2d 611 (Ill. App. Ct. 2012)

Appellate Court affirmed trial court's order granting plaintiff a new trial in wrongful death action where the trial judge admitted he had erroneously instructed the jury that it could consider whether plaintiff's decedent was partially at fault for her own death, where the evidence showed that the decedent, who had been involuntarily committed to a psychiatric ward after a suicide attempt, was completely devoid of reason at the time.

Zokhrabov v. Jeung-Hee Park, 963 N.E.2d 1035, 1044 (Ill. App. Ct. 2011)

Appellate Court reversed summary judgment in favor of estate of deceased young man who ran in front of a train. The court held that it was reasonably foreseeable that the on-rushing Amtrak train would strike, kill, and fling the young man's body down the tracks and onto the passenger platform where plaintiff, who was waiting for the next scheduled Metra departure, was seriously injured.

Merca v. Rhodes, 960 N.E.2d 85 98 (Ill. App. Ct. 2011)

Appellate Court reversed summary judgment order in favor of motorist who struck and killed high school student who was running across the street against the light, and held that the case raised factual questions as to the decedent's percentage of contributory negligence and as to whether the defendant driver was operating her motor vehicle with ordinary care.

Doe v. Dilling, 228 Ill.2d 324 (2008)

Affirmed reversal of $2 million verdict for woman who sued parents of deceased fiancé who did not tell her their son had AIDS

York v. Rush Presbyterian St. Lukes Medical Center, 213 Ill.2d 578 (2006)

Affirmed $12.6 million verdict against hospital on apparent agency theory

Velarde v. Illinois Central R.R. Co., 354 Ill.App.3d 523 (2004)

Affirmed $54 million verdict for brain damaged woman, her parents and husband

Barton v. Chicago & Northwestern Railway Co., 325 Ill.App.3d 1005 (2001)

Affirmed $29.6 million verdict for violinist who lost her leg in train accident

Illinois Cent. R. Co. v. Accident and Cas. Co. of Winterthur, 317 Ill.App.3d 737 (2000)

Affirmed ruling that insurer not liable for $10 million insurance coverage claim

In re Chicago Flood Litigation, 308 Ill.App.3d 314 (1999)

Reversed ruling that insurer failed to state cause of action against city under admiralty law

Diocese of Winona v. Interstate Fire & Cas. Co., 89 F.3d 1386 (8th Cir. 1996)

Reversed determination that sexual abuse by priest was “unexpected” by insureds and that victim’s claims involved covered “occurrence”

Richter v. Northwestern Memorial Hospital, 177 Ill.App.3d 247 (1988)

Affirmed $15.3 million award for hemiplegic victim of medical malpractice

Bernier v. Burris, 113 Ill.2d 219 (1986)

Reviewed constitutionality of 1985 Tort Reform Act and declared medical review panels unconstitutional