15 January, 2026

Groenewold, McCubbin, & Kotleski Prevail in Negligence Trial Limiting Exposure with 96% Reduction at Verdict

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In: Verdicts

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January 15, 2026

CHICAGO – QPWB Senior Partner Joel Groenewold, Partner Amanda McCubbin, and Associate John Kotleski secured a significant defense victory in a high-stakes negligence trial. Despite the Plaintiff requesting over $630,000 in closing arguments, the jury returned a net verdict that resulted in a final liability for QPWB’s client of only $22,129.92, an amount lower than the pre-trial settlement offer.


Overview of the Case

The case involved a trip incident at a local Police Department’s vestibule. The Plaintiff alleged she tripped on a permanent ripple in a carpet runner, resulting in a torn spring ligament that necessitated medical intervention. The Plaintiff filed suit against the local municipality, a professional services company, and QPWB’s client, a maintenance services company responsible for vacuuming the premises. The Plaintiff sought extensive damages for medical specials, pain and suffering, and permanent disability.

Key Difference-Makers

Administrative Support

  • Kimberly Roberts – Paralegal
  • Leticia Corona – Legal Assistant

Claims Made Against Our Client

The Plaintiff’s claim was predicated on general negligence, alleging that our client’s employees failed to appreciate a permanent ripple in the carpet runner. The Plaintiff argued that the maintenance staff should have either taken the runner out of service or advised the local municipality of its defective condition. To support this claim, the Plaintiff retained a flooring expert to state the ripple was permanent and should have been noticed during the nine times the runner was vacuumed prior to the accident. Counsel further utilized our client’s own employee handbook, which stated all carpet runners should be smooth and flat, to argue for a breach of duty.

The Plaintiff alleged that the trip resulted in a torn spring ligament in her left foot, which necessitated surgery to repair the ligament and reconstruct her arch. The Plaintiff claimed the injury caused her arch to collapse and sought approximately $110,000.00 in medical special damages, along with compensation for the permanent nature of the reconstructive surgery.

Defense Strategy

The defense strategy focused on two critical fronts: scope of duty and medical causation. QPWB argued that hourly maintenance personnel are not flooring experts and could not be expected to identify technical permanent ripples in rubber edging during routine cleaning. The defense effectively neutralized the Plaintiff's reliance on the employee handbook by demonstrating that those guidelines referred to obvious hazards like temporary buckles, not specialized, permanent ripples that hourly cleaning personnel lacked the technical knowledge to diagnose.

Furthermore, the defense presented a highly credible medical expert who testified that the Plaintiff’s spring ligament was torn prior to the accident. The expert opined that the injury was the result of a pre-existing progressive collapsing forefoot disorder, commonly known as flat foot syndrome, rather than the alleged trip incident.

Impact on Final Outcome

The jury’s decision reflected a strong alignment with the defense's strategy. After deliberating, the jury found QPWB’s client only 15% negligent and assessed 50% contributory negligence against the Plaintiff. This calculated to a final net award against the client of $22,129.92, a fraction of the original demand and successfully beating the pre-trial offer.

Unique Aspects of the Case

The most unique aspect of this litigation was the Plaintiff’s attempt to use a flooring expert to shift liability onto the maintenance company by arguing the defect should have been spotted during routine vacuuming. This technical argument failed to sway the jury, who applied a practical standard, noting that if the ripple was not prominent enough for the Plaintiff to see while walking, it was not reasonable to expect hourly cleaning staff to identify it as a hazard.

Predicting the Future

This trial serves as a powerful demonstration of QPWB’s ability to deliver high-value results, revitalizing the firm’s relationship with a specialty insurance carrier. Although the insurer originally retained the firm for this single trial matter, the exceptional outcome of securing a net verdict lower than the pre-trial settlement offer has significantly strengthened the partnership. This victory provides a clear path for QPWB to demonstrate its trial expertise to the insurer’s leadership, with the objective of securing a permanent position on their approved counsel list and expanding the firm’s role as a trusted partner for their complex litigation needs.

Key Actions in This Case

  • Medical Expert Credibility: Leveraged specialized medical testimony to prove a pre-existing condition, drastically reducing the jury's valuation of the injury
  • Counter-Expert Strategy: Successfully discredited the necessity of "flooring expertise" for hourly maintenance staff


About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.

Discover the QPWB Difference

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