23 August, 2024

QPWB Wins Premises Liability Summary Judgement For Local Business Using the Illinois Workers' Compensation Act

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Chicago-Hub Partners Matthew J. Heiting and John P. Lynch Jr. successfully assisted in the transfer of the case from Cook County to DuPage County, assisted with the dismissal of a co-defendant, and filed a motion for summary judgment, which was granted. This strategic approach resulted in a favorable outcome, with the court agreeing that the plaintiff's claims were barred under the Illinois Workers Compensation Act.

Overview of the Case

  • Chicago partners John Lynch and Matthew Heiting achieved summary judgment on behalf of multiple defendants in a premises liability/industrial accident case in DuPage County.
  • The case, initially filed in Cook County, was successfully transferred to DuPage County after years of litigation.
  • Following the transfer, a co-defendant was dismissed from the case, prompting our clients to file a motion for summary judgment, which led to the case's resolution.

Key Difference-Makers

  • Matthew J. Heiting - Partner
  • John P. Lynch Jr. - Partner

Claims Made Against Our Client

  • The court found the defendants’ argument persuasive that the plaintiff was barred from bringing his lawsuit because he was an employee of the defendants at the time of the incident.
  • The plaintiff's attempts to circumvent the Illinois Workers Compensation Act were denied by the court.
  • The case was effectively shortened through diligent motion practice and briefing, avoiding unnecessary time and expense.

Defensive Strategy

  • After the lawsuit was re-filed in Cook County, we successfully assisted with the transfer of the case to DuPage County.
  • In DuPage County, we collaborated with co-defendant's counsel to strategize their motion to dismiss.
  • Once the motion to dismiss was granted, and no additional parties could bring us into the case through a third-party complaint, we filed a motion for summary judgment.

Predicting the Future

  • This was a significant win for a local business.
  • Our defense strategy involved transferring venue, aiding in the dismissal of the co-defendant, and ultimately filing a motion for summary judgment to conclude the litigation.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

Learn More

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