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

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