GKWW Welcomes Attorney Bill Metzinger

Gardiner Koch Weisberg & Wrona would like to welcome Bill Metzinger to our Naperville office located at 1700 Park Street, Naperville. Bill is a litigation, trust, and estates associate. He obtained his law degree from Loyola, University of Chicago Law School and graduated cum laude with a B.A. in Economics and History from DePauw University. During law school, Bill externed for the Honorable Michael T. Mason in the United States District Court for the Northern District of Illinois and twice served as a summer associate at Illinois’ oldest law firm. Following law school, Bill clerked two years for the Honorable Judge Nancy J. Arnold in the Chancery Division of the Circuit Court of Cook County. Bill’s time in chambers provided exposure to various civil litigation matters including but not limited to challenges to trusts and contracts, insurance coverage conflicts, governmental disputes and claims for accounting, fiduciary breach and contract rescission.

Gardiner Koch Weisberg & Wrona Announce Three New Associates

Gardiner Koch Weisberg & Wrona announced the addition of three new associates. Kelly J. Sellman joins the firm’s general litigation, family law, and condominium law groups. She comes to the firm from Susan Lampert & Associates, where she spent four years handling family law and other litigation matters. The two other associates are both recent graduates from Northwestern University School of Law. Micah J. Hughes joins the firm’s general litigation, personal injury and medical malpractice groups and Alex Neustein joins the general litigation practice group.

Lawsuit Claims Man Beaten By Police, Wrongly Arrested

By Cynthia Dizikes
Tribune reporter
8:02 PM CDT, September 9, 2011

A man who says he was roughed up and wrongly arrested by Chicago police has filed a federal lawsuit against the department.

Ohesha Brinkley alleges that on Oct. 24, 2010, officers Juan Santiago and Zeyad Matlock approached him at a bus stop near 65th Street and Western Avenue and told him to turn around and place his hands on the wall.

Although Brinkley said he initially tried to run away from officers because he had marijuana in his possession, he alleged in the lawsuit that he surrendered a short time later, getting down on his knees and putting his hands in the air.

At the time, Brinkley said he presented “no physical threat,” yet the officers allegedly shot him in the back with a taser gun and then sprayed disabling chemical in his face.

Brinkley was later charged with marijuana possession and the unlawful use of a weapon and spent more than 8 months in the Cook County jail awaiting trial, according to the lawsuit. During that time, Brinkley alleges that he was evicted from his apartment and lost his job as an asbestos removal technician.

Brinkley, who is suing for excessive force, assault, battery, wrongful arrest and malicious prosecution, was eventually found not guilty after a jury trial.

Brinkley alleges that he has suffered severe mental distress as a result of the incident, including insomnia, anxiety and depression.
 
City officials could not immediately be reached.

Brinkley is suing for an unspecified amount of money.

Plaintiff’s Attorneys:

Thomas G. Gardiner
Barry C. Owen

GKWW Adopts Sustainability Programs

Chicago, IL– Gardiner Koch Weisberg & Wrona, a dynamic law firm located in Chicago, have begun the process of “greening” their downtown offices.  The use of environmentally-friendly “green solutions” for common office supply needs is the first step towards reducing their carbon footprint and moving towards sustainability. Following that, Gardiner Koch Weisberg & Wrona will develop specific recycling programs for e-waste, paper, and plastics.

“The simplest definition of sustainability is being able to meet the needs of the present without compromising the ability of future generations to meet their own needs,” said Araceli Villasenor, Program Leader. “Being environmentally responsible is a key part of Gardiner Koch Weisberg & Wrona’s commitment to our customers.”

Gardiner Koch Weisberg & Wrona’s new Green Office approach includes products containing recycled materials, such as legal pads, copy paper, Post-it notes, and pens as well as those that use fewer natural resources, such as recycled toner cartridges. Beyond the use of recycled materials, energy efficient products such as solar calculators, energy-efficient shredders, and computers that “sleep” after 30 minutes of inactivity are being instituted throughout the office.

“By taking into account the needs of society and the environment, we have developed our sustainability policy. We are very proud to be one of the first law firms in Chicago to make the move towards a greener office place.” Said Villasenor.

Gardiner Koch Weisberg & Wrona is a dynamic law firm, uniquely qualified to represent individuals and corporate clients in a diverse range of concentrations. The firm has substantial litigation and appellate experience and has represented clients in state and federal courts in Illinois and throughout the country, including briefs and oral arguments before the U.S. Supreme Court.

         - Article courtesy of The Chicago Green Office Company

GKWW Wins Case For Yorkville; Judge Complements GKWW On Work

GKWW recently represented the United City of Yorkville in a case involving a developer seeking specific performance of a contract involving another developer.  Yorkville was a party to an annexation agreement involved in the case.  GKWW won the trial for Yorkville and then filed a petition for its fees under the annexation agreement.  Judge McCann granted Yorkville all of GKWW’s fees (with the exception of a few entries amoung hundreds of time entries).  In granting the petittion for fees, Judge McCann wrote: 

“In this case, the Court finds that the nature of the case was a complex and difficult civil case involving issues of contract, real estate, and municipal law. I find that the skill and standing of the attorneys representing Yorkville were excellent and the degree of responsibility required was high. The stakes were high for Yorkville in this case and adverse ruling would have had significant consequences for Yorkville. I further find that the usual and customary charges in the Kendall County community for similar work to comparable, if not higher, than the rates charged by Yorkville’s attorneys.”

$5.42M Decision in Farissier Case

On October 6, 2003, Phyllis Farissier, 55, went to defendant Northwest Oncology & Hematology, S.C., for the first day, fifth cycle of her combination chemotherapy treatment for Stage III A-S Hodgkins lymphoma. The primary treating oncologist, Dr. Paul Sowray, was out of town on vacation, and a covering oncologist, Dr. Erol Yorulmazoglu, saw Mrs. Farissier.  Dr. Yorulmazoglu failed to withhold bleomycin from her combination chemotherapy that day.

Two weeks later, on October 20, 2003, Mrs. Farissier went for her next appointment for combination chemotherapy, a different covering oncologist read the pulmonary function test results, appreciated the decrement in pulmonary function, took her off the drug, and prescribed prednisone treatment. Despite receiving the appropriate treatment, Mrs. Farissier died 5 weeks later as a result of severe progressive bleomycin lung toxicity.

Mrs. Farissier was survived by her husband of 35 years, and two adult children.  Plaintiff sued under the Wrongful Death Act and the Survival Act.  The jury assessed total damages of $5,420,950.  The damages were itemized as follows: (Wrongful death) Loss of society to family: $4,742,325.  Funeral and burial expenses: $13,260. (Survival) Pain and suffering before death on November 28, 2003, $500,000.  Loss of normal life, $100,000.  Medical bills, $65, 365.
The case was tried from January 18 – February 4, 2011, in front of Judge Richard Elrod.

Plaintiff’s attorneys:
John R. Wrona
Clinton J. Ind
Gardiner Koch Weisberg & Wrona

Civil Rights Decision

CIVIL RIGHTS—PLTF ARRESTED AND PUSHED BY POLICE AT SCENE OF BAR FIGHT

(CCC 21/4) Daniel Marquez, Jr. v Albert D. Powe, Gail Martin, City of Chicago 07L-4636 Tried Nov. 16-Dec. 3, 2010 (14)

Verdict:            $60,000 v all defts of Count II for malicious prosecution; Not Guilty on Count I for battery.

Judge:               Susan J. McDunn (IL Cook-Law)

Pltf Atty:           Michael P. Kelley of Gardiner, Koch Demand: $90,000 Asked: $350,000

Deft Attys:        Clarence Butler, Jr. and Tina L. Garrett of Chicago Corporation Counsel for all defts (Self-Insured)

Pltf Medl:          Brendan Lee, D.C. (Chiropractor)

May 20, 2006 pltf M-54 business owner and his son, along with several family friends, went to Punchinello’s, a bar located at 31^st and Wells, after a Cubs vs White Sox baseball game.  Several of pltf’s son’s friends were severely injured during a fight that broke out in the bar’s back patio area.  The pltf, who was not involved in the fight, joined his son and his son’s injured friends outside the bar after the melee and asked a security guard to detain several men identified by the injured parties as having started the fight.  Chicago Police arrived at the scene, including deft officers Powe (M-26) and Martin (F-54).  Pltf contended he was speaking to the security guard when Officer Powe pushed him away from the guard, causing him to fall to the ground and suffer injuries for which he was taken to the emergency room at Mercy Hospital ($2,200 medl. bills).  Pltf was then released to police custody, arrested, charged with battery of Officer Martin, and held overnight in jail before being released the next morning.  The battery charge against pltf was eventually dropped and the case dismissed after defts failed to appear as witnesses at the criminal trial.  The defense argued the pltf was intoxicated and out of control while outside the bar after the fight had ended, pltf approached Officer Martin and yelled at her for not arresting the individuals identified by the wounded persons as the instigators of the fight, pltf pushed Officer Martin prompting Officer Powe to push pltf away from Martin, and defts then arrested him for pushing Officer Martin, charging him with criminal battery of a police officer.