Case: Delores Ammons-Lewis v. Metropolitan Water Reclamation District of Greater Chicago

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

Judge: Matthew F. Kennelly

Client: Metropolitan Water Reclamation District of Greater Chicago

Facts: Pltf, a female operating engineer employed by deft Metropolitan Water Reclamation District, claimed she was subjected to an abusive and hostile work environment as a result of having been exposed to more than 25 pornographic magazines in the workplace, sexually explicit cartoons and jokes, and sexual comments by one of her supervisors on three separate occasions. She also contended she was attacked by a co-worker when she refused to submit to his sexual advances, the co-worker had propositioned her for sex for more than a year before the assault took place, the District failed to properly investigate her claim, and the District’s EEO manager failed to return over 40 phone calls or address several written complaints from the pltf. The pltf’s phone records and two faxes she sent were admitted into evidence. As a result of the hostile work environment, pltf F-47 suffered post-traumatic stress disorder and depression, causing her to miss nearly a year of work. Action alleged gender discrimination, retaliation and hostile work environment under Title VII, plus denial of equal protection under Section 1983 and violations of the ADA and FMLA. Court granted summary judgment on all counts except the Title VII hostile work environment claim and the Section 1983 “pattern and practice” claim. District supervisors testified that the pornographic magazines were removed from the workplace upon discovery, the attack by pltf’s co-worker was actually an altercation between two co-workers who had been involved in a romantic relationship in the months leading up to the altercation, and both pltf and the co-worker were equally disciplined for fighting because supervisors could not determine who caused the altercation. Defense attached pltf’s credibility and introduced evidence to contradict her testimony that she had never had any form of romantic relationship with the co-worker who allegedly harassed her. The supervisor accused of making sexual comments denied making any such comments, and defense argued that the pltf failed to include allegations against the supervisor in any of her written complaints to the EEO manager. Defense further denied pltf was subjected to a hostile work environment because the alleged conduct was not subjectively offensive to pltf and not severe or pervasive as evidenced by pltf’s failure to make written complaints concerning sexual harassment. Pltf reportedly testified she made only one written complaint concerning the harassment by the co-worker prior to the altercation, but she failed to retain a copy. On the first day of trial, Judge Kennelly granted deft’s motion to bifurcate the hostile work environment claim from the Section 1983 pattern and practice claim. The trial proceeded on the Title VII hostile work environment claim, and the second phase of the trial would have addressed the Section 1983 claim. Jury deliberated approximately 8 hours before returning a verdict in favor of deft on the hostile work environment claim, based upon which the judge thereafter entered judgment in favor of the District on the Section 1983 claim.

Verdict: Not Guilty

Case: Kathleen M. Tokar v. City of Chicago

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

Judge: John W. Darrah

Client: City of Chicago

Facts: Pltf garbage truck driver for the city’s Streets and Sanitation Department claimed that the city retaliated against her in Sept. 1994 by placing her on paid administrative leave and requiring that she be evaluated by psychologists because she filed a charge of discrimination. Dr. Wolfrum testified that deft’s act of placing pltf on paid leave devastated the pltf because she “lived for” driving a garbage truck, and that the impact of the decision impaired pltf’s ability to sustain other employment subsequent to the conclusion of the three-month period of paid leave. He further testified that the pltf’s condition, paranoid disorder (persecutory subtype), would make her a more vigilant driver than someone not suffering from this condition. Pltf claimed pain and suffering plus $116,000 LT from 1995 to 1998; she is now a bus driver. Defense contended that the paid leave was not disciplinary and therefore no adverse employment action was taken against pltf, the city’s public safety concerns dictated that the pltf be placed on paid administrative leave until it could be determined whether she was fit for duty, and decision was based on pltf’s delusions and erratic behavior.

Verdict: Not Guilty

Case: Paul Martinez v. Rosario Paonessa v. Kathryn Cioch

Venue: Circuit Court of Cook County, Municipal Division

Judge: John B. Grogan Circuit Court of Cook County

Client: Kathryn Cioch (Metlife Property & Casualty)

Facts: April 24, 1998, pltf was stopped at a red light facing westbound at Armitage and Western when northbound Cioch was struck in the intersection by eastbound Paonessa, pushing Cioch’s car into pltf’s stopped vehicle. Pltf M-18 suffered neck strain ($2,700 medl. bills). Pltf and Cioch contended that Paonessa ran a red light, while Paonessa claimed that Cioch ran the red and caused the collision.

Verdict: Not Guilty v. 3^rd party deft Cioch

Case: Richard Marcinikiewicz v. Youfan Wang

Venue: Circuit Court of Cook County, Municipal Division

Judge: Barbara Ann McDonald

Client: American Family

Facts: Jan. 10, 1996, pltf M-28 made a wide left turn from eastbound Main St. (allegedly on a green arrow) onto the northbound curb lane of McCormick Blvd. in Skokie, when he collided with westbound deft M-38 also turning onto McCormick Blvd. Pltf claimed that he turned wide because a car was stopped ahead for southbound McCormick waiting for the red light. Pltf suffered a cervical strain from the impact ($11,074 medl., $3,520 for 8 weeks. LT as technician for Peoples Gas). Defense contended pltf was not in the intersection as deft began his right turn and must have been traveling too fast. Defense added that deft was traveling less than 10 mph and went less than 15 feet from a stopped position. If pltf was only moving 15 mph as he contended, he would have been able to avoid the accident, and would not have been as severely injured as he alleged.

Verdict: NG Verdict after NG Arbitration Award

Venue: Circuit Court of Du Page County 18th Judicial Circuit

Judge: Edmund P. Bart

Client: Nationwide

Facts: Pltf alleged that as she was exiting the front door of her apartment building at about 8:45 a.m. on July 13, 1994, a door closer device weighing 6 to 8 lbs. fell on her right shoulder. Pltf F-35 cites permanent myofascial pain which resulted in cervical segmental hypomobility, according to pltf’s treater Dr. James Gruft ($11,141 medical, $558 for 97 hours LT as certified optician). Pltf alleged rees ipsa loquitur. Deft contended it had no prior notice of any condition that created an unreasonable risk of harm to any of its tenants. Defense further claimed that pltf’s continued complaints of pain were due secondary gain and stress from working 12-13 hours per week building new homes.

Verdict: Not Guilty

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

Judge: David H. Coar

Client: Board of Trustees of Community College District #508, City Colleges of Chicago

Facts: April 6, 1993, pltf janitor fell on the job and hurt her back and shoulder. After several weeks off, her independent doctor indicated she could return to work. When pltf failed to return to work, defts terminated her employment on Oct. 12, 1993. Pltf alleged retaliatory discharge for her having asserted claim under the Worker’s Compensation Act, and claimed a hearing officer told her that she could have her job back if she dropped her comp claim. All other witnesses, including pltf’s union representatives, said that the statement was not made. Defense contended pltf was terminated for job abandonment when she did not heed warning to return to work by June 30 or return after predisciplinary hearing in Aug. 1993.

Verdict: Not Guilty v. both defts

Venue: Circuit Court of Cook County, Law Division

Judge: Paddy McNamara

Client: ITW Fastex

Facts: Pltf filed a retaliatory discharge action after deft Deerfield company terminated his employment on June 29, 1990, allegedly for asserting his rights under the Illinois Workers Compensation Act ($100,000 LT and punitive damages sought). Defense contended that pltf’s job was eliminated during a period when the work force was reduced from over 300 employees to approximately 150.

Verdict: Directed Not Guilty v. ITW at close of all evidence

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

Judge: George W. Lindberg

Client: Self-Insured

Facts: Unemployed pltf M-26 alleged that deft conducted an unlawful search of his public housing apartment in Joliet on March 4, 1991, causing mental anguish. Pltf’s attys were court appointed. Defense contended the alleged entry never occurred. Court previously dismissed pltf’s numerous other claims on summary judgment in a 73-page Opinion.

Verdict: Not Guilty

Venue: Circuit Court of Cook County, Law Division

Judge: William D. Maddux

Client: State Farm

Facts: Pltf F-25, passenger in Raab’s car, was rear-ended by Gasperini’s vehicle in stop-and-go traffic on the eastbound Kennedy Expressway near Addison on Dec. 19, 1992. Pltf, who had pre-existing scoliosis, allegedly suffers from neck/back muscle spasms and permanent muscle tension headaches, plus insomnia $3,481 medl. expense; $4,351 LT as a travel agent). Gasperini M-46 contended that pltf was uninjured by the collision.

Verdict: Directed Not Guilty v. Raab (at the close of pltf’s case-in-chief)

Venue: Circuit Court of Cook County, Law Division

Judge: Irwin J. Solganick

Client: State Farm

Facts: Oct. 2, 1999, pltf was a passenger in a delivery truck traveling westbound on Belmont when deft made a right turn from southbound Olcott onto westbound Belmont, striking the truck’s lift gate. Deft’s minivan was totaled, with no damage to pltf’s truck. Pltf M-34 claimed the impact caused persistent law back strain and a partially torn left rotator cuff ($8,712 medl., $250,000 LT 2 years as independent contractor). Deft M-42 factory worker contended his vision was partially blocked. Defense argued that pltf’s driver was going too fast and failed to slow for the intersection, and asserted that pltf sustained only a right shoulder contusion and degenerative changes to spine. Defense was able to bar any testimony concerning pltf’s alleged lost income under the Illinois New Business Doctrine. Jury deliberated 65 minutes including lunch.

Verdict: Not Guilty