CASE REPORT
(QQQ 27/2) PREMISES LIABILITY–CHILD INJURED BY DEFECTIVE GATE AT SPORTS COMPLEX (8)
Robert Henderson, minor v Soccer City LLC 18L-6481 (refiled from 15L-2821) Tried Feb. 28-Mar. 8, 2022
VERDICT: Not Guilty
Jessica Biagi Jessica Biagi currently is a partner at Costello, Ginex and Wideikis, PC, where she has been practicing since 2011. Jessica fo- cuses her practice on insurance defense litigation with an emphasis on complex/ catastrophic litigation, premises. liability and construction negligence. She graduat- ed with honors from Chicago-Kent College of Law and was a member of the nationally ranked Chicago Kent Trial Team.
JUDGE: Brendan A. O’Brien (IL Cook-Law)
PLTF ATTY(S): Michael J. Salvi, Samantha A. Salvi, Kimberly A. Kudron of Salvi, Salvi & Wifler (Lake Zurich, IL) DEMAND: $400,000 ASKED: $2,800,000 + DEFT ATTY(S): Jessica A. Biagi, Chloe Polo of Costello, Ginex & Wideikis (Chicago, IL) OFFER: $315,000 PLTF MEDL: Dr. Joy Silver (Pediatrician), Dr. Bruce J. Goldberg (Orthopedist), Dr. Atula Sharma (Psychiatrist), Anastasia Vailas, L.P.C. (Counselor)
DEFT MEDL: Dr. Nicole Cruz, Ph.D. (Pediatric Neuropsychologist)
PLTF EXPERT(S): Dr. Laurie Philipps, Ph.D. (Pediatric Neuropsychologist); Lloyd M. Sonenthal (Professional Engineer); Sara Ford of Vocational Econom- ics Inc., 220 W. Main St., #2150, Louisville, KY (502-589-0995) (Vocational Rehabilitation)
DEFT EXPERT(S) : Dr. Scott J. Hunter, Ph.D. (Pediatric Neuropsychologist)
Jeffrey Henderson was the equipment manager for the Chicago Rush Arena Football team. The team leased space from deft Soccer City at 545 S. Con- sumers Ave. in Palatine. On April 16, 2013, Jeffrey brought his 5-year-old son Robert to work with him at the facility. Robert was attempting to close a gate when it detached from the wall and fell onto him. The child sustained a femur fracture which required two surgeries (submuscular plating procedure and later hardware removal surgery). Additionally, pltf claimed that Robert suffered post- traumatic stress disorder and emotional distress, resulting in two hospitaliza- tions and permanent limitations ($144,480 medical expenses, $513,900 future loss of earning capacity). Pltf contended deft failed to properly inspect, main- tain and repair the premises. Pltf’s engineering expert testified that the con - crete and gate anchors had deteriorated for a long period of time and criticized Soccer City for failing to have an adequate preventative maintenance program. The defense denied negligence, argued Soccer City acted reasonably and had no notice of the allegedly defective condition, contested the nature and extent of Robert’s PTSD, and filed a counterclaim for contribution against Jeffrey Henderson alleging he failed to properly supervise his son.
Chloe Polo Chloe Polo is an associate at Costello Ginex & Wideikis and a member of the general liti- gation team. She works on a variety of cases including premises liability, construction in- juries, commercial liability, and auto liability. Chloe received her Juris Doctor from DePaul University College of Law in 2020. Prior to that, Chloe received her bachelor’s degree in psychology from The Ohio State University.
Initially founded in 2007, Costello, Ginex & Wideikis, PC, concentrates in complex litigation management, defense litigation and construction litigation. The firm prides itself on offering litigation management solutions to public companies and insurance companies throughout the United States.
JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 45
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