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Motherway & Napleton Personal Injury Law 2009

Nicholas J. Motherway Re-Appointed to the Illinois Supreme Court Rules Committee

The Illinois Supreme Court has re-appointed Nicholas J. Motherway to another three year term on the Court’s Rules Committee to December 31, 2012.  The Rules Committee recommends to the Court whether proposed changes to any of the rules which govern discovery, trials and appeals are needed and whether a given proposal is worthy of adoption.  Nicholas J. Motherway said:  “It is a great honor to once again be asked to serve on this very important committee”.


Wrongful Death of 86 Year Old Widow Settles for $1.1 Million

On December 23, 2007, Sigismunda Rizzo, age 86, walked across the street to her neighbor’s house to deliver a tray of Christmas cookies.  On her way back from her neighbor’s house she was struck by a vehicle driven by a Salvadore Guzman.  Ms. Rizzo was transported to Northwestern Memorial Hospital where she remained as an inpatient in the intensive care unit until she died on February 5, 2008.   

 

Her family brought a claim against Salvadore Guzman and Northwestern Memorial Hospital for wrongful death.  As to plaintiff’s claim against Northwestern Memorial Hospital, Mrs. Rizzo’s family claims the nurses at Northwestern Memorial Hospital who cared for Sigismunda Rizzo did not appreciate that her tracheotomy tube had dislodged and failed to recognize the dislodgement in a timely manner.  Additionally, there is a substantial question as to whether the nurse or nurses who were bathing Sigismunda Rizzo at the time of the occurrence dislodged the tracheotomy tube by improperly moving the patient, Sigismunda Rizzo, in an abrupt manner. It was alleged the dislodgement of Sigismunda Rizzo’s tracheotomy tube resulted in a lack of oxygen and cardiac arrest, brain damage and eventually leading to the patient’s death on February 5, 2008.  

 

Mrs. Rizzo is survived by 5 adult children.  

 

Northwestern Memorial Hospital paid $1,000,000 and Salvadore Guzman paid $100,000 (his liability insurance policy limits), plus a $1,000 personal donation from Mr. Guzman personally to a local Catholic Church in Sigismunda Rizzo’s memory. 

 

Robert J. Napleton of Motherway & Napleton, LLP represented the family. 

The case number is 08 L 00435.


Daniel T. Madigan Elected to the Assembly of the Illinois State Bar Association

Dan Madigan was recently elected to the Assembly of the Illinois State Bar Association.  The ISBA Assembly is the policy making body of the Association.  Dan expects to be voting on a variety of important issues during his three year term.


Nicholas T. Motherway Appointed to the Illinois State Bar Association Tort Council

Nicholas T. Motherway has been appointed to the Illinois State Bar Association Tort Council.  The Council recommends to the Illinois State Bar Association Assembly what position the Association should take on tort issues.


$2 Million Dollar Settlement in Will County for Failure to Diagnose and Treat Cervical Cancer

On May 1, 2009 a settlement was reached with the defendant OB/GYN and his Practice Group through their liability insurance carrier, Illinois Insurance Services Exchange (ISMIE) for their entire policies of insurance.  The case was pending in Will County.

 

 

Don M. Sowers represented the plaintiff.


Daniel T. Madigan Named to Leading Lawyers Network for 2009

Leading Lawyers Network is a publication that recognizes Illinois attorneys who have excelled in their respective field.  The Leading Lawyers Network recognizes the top 5% of all Illinois attorneys. 


Man Wins $4.75 Million Malpractice Award for Neurological Injury

$4.75 Million settlement has been reached on behalf of a 50 year old man who suffered an anoxic event during the performance of a transesophageal echocardiogram at a Lake County Medical Facility.   As a result of the loss of oxygen the plaintiff now suffers from action myoclonus.  This is a rare and debilitating neurological condition.  Daniel T. Madigan prepared this case for trial and negotiated the settlement on behalf of the man and his wife.  This case was filed in the Circuit Court of Lake County.


Robert J. Napleton Named to Top 100 Illinois Super Lawyers List for 2009

Illinois Super Lawyers® is a magazine published by attorneys exclusively for attorneys and adheres to a rigorous selection process.  The only way a lawyer can be listed in Illinois Super Lawyers magazine is through this selection process.  The Top 100 Super Lawyers selection process consists of a statewide survey of lawyers, peer nominations, a blue ribbon panel review, and independent research of candidates.  Only 100 lawyers in the state were selected to the Top 100 list.  There are approximately 82,000 registered attorneys in the State of Illinois as of January, 2009.


Road Worker’s $14.6M Jury Award Named One of the Top Illinois Civil Jury Verdicts in 2008 by Well Known Legal Publication

The Illinois Jury Verdict Reporter publishes thousands of summaries of civil jury verdicts in the State of Illinois each year.  Since 1959, it is the preeminent source of information for the legal community as it relates to a trial lawyer’s civil jury verdict track record. The case of Bobbi Jo Craver v. Vermeer, et al., 04 L 11, tried March 31st to April 8, 2008 by Robert J. Napleton was selected by the staff of the Illinois Jury Verdict Reporter as one of only 17 notable civil jury verdicts in favor of the plaintiff in 2008. The cases published in this special edition magazine are considered for publication if a record setting monetary verdict is awarded to a plaintiff in a civil jury trial. According to the case summary published by the Illinois Jury Verdict Reporter, the Craver jury deliberated one hour and two minutes to arrive at the highest Livingston County verdict ever reported. The Illinois Jury Verdict Reporter is published by the Law Bulletin Publishing Company.

Click here to get the case summary as published by the Illinois Jury Verdict Reporter.