CASE REPORT
(QQQ 20/2) STREET HAZARD–UNCOVERED MANHOLE–JUROR’S COVID DELAYS TRIAL COMPLETION (9)
Sarah Martin v City of Chicago 17L-9485 Tried Dec. 9, 2021-Jan. 5, 2022
VERDICT: Not Guilty
Barbara Burke Barbara Burke is a Supervising Assistant Corporation Counsel with the City of Chicago Department of Law. She has practiced in both the private and public sectors. Ms. Burke has a broad range of litigation experience including personal injury actions, assault and battery, eminent domain, and workers’ compensation. She has tried 15 jury trials to verdict. Additionally, she has extensive motion practice and has drafted ordinances for real estate related matters. She has counseled various client departments within the City of Chicago on condemnation, zoning and development of land, and business affairs and consumer protection. She also has significant experience prosecuting civil code enforcement and criminal matters. She was born and raised in Chicago. She attended Mother McAuley High School, obtained her undergraduate degree from the University of Illinois, with highest honors, and earned her law degree from University of Illinois Chicago School of Law, formerly John Marshall Law School.
JUDGE: Joan E. Powell (IL Cook-Law)
PLTF ATTY(S): David B. Nemeroff, Jorell D. Kuttenkuler of Nemeroff Law Offices (Chicago, IL ) DEMAND: $2,500,000 – $1,000,000 (indicated) ASKED: $3,800,000 DEFT ATTY(S): Barbara A. Burke, James F. Ormond of Chicago Corporation Counsel (Chicago, IL) (Self-Insured) OFFER: $250,000 withdrawn
PLTF MEDL: Dr. Steven Kodros (Orthopedist), Dr. Anish Kadakia (Orthopedist)
On April 9, 2017, pltf and her husband (who was pushing daughter in a stroller) were walking southbound on the sidewalk in the 3300 block of North Clark St., Chicago, when pltf fell into an open manhole on the sidewalk at 3330 N. Clark. Pltf F-37 sustained a sprained right ankle and a fractured left ankle with ag- gravation of pre-existing asymptomatic arthritis (following prior ankle fractures and surgery), requiring surgery in May 2018 and physical therapy. She has on- going complaints of ankle pain and difficulty standing or walking for any signifi - cant time or distance, and Dr. Kadakia testified she needs ankle replacement surgery ($150,773 medical expenses, no LT). Pltf contended the City failed to remedy the condition despite three prior complaints since 2015. The defense argued the condition was open and obvious, the sidewalk was reasonably safe for pedestrian traffic, and pltf was more than 50% comparatively negligent. On the morning that the parties were scheduled to give closing arguments, Dec. 16, 2021, a juror reported testing positive for Covid, causing closing argu- ments to be postponed over two weeks until January 5, 2022. The jury report- edly deliberated less than two hours. UPDATE: Defense counsel reports that pltf’s appeal was denied by the Appellate Court.
The Torts Division of the City of Chicago Law Department defends the City and its employees in personal injury, property damage, and workers’ compensation claims. The types of cases handled by the division on be- half of its client departments and employees range from slip-and-fall ac- cidents on City property to complex litigation arising from alleged medi- cal malpractice, police pursuits, roadway design defects, and wrongful demolition. Torts Division attorneys have an active motion practice and extensive trial experience.
JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 29
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