Judge Jennifer Duncan-Brice

Recent Settlements

 
  • Commercial bus runs over 34-year-old woman’s foot, resulting in a degloving injury and amputation of the large toe and the toe next to it.  Plaintiff may require knee and hip replacements, as well as back surgery, due to abnormal gait.  Mediated settlement of $63 million.
  • Negligent care case. Newborn suffers brain injury after receiving overdose of intravenous fluids. Mediated settlement of $7 million.
  • Professional malpractice case.  Mediated Settlement of $4.5 million.
  • Fatal industrial accident. Mediated settlement of $4 million.
  • Tour bus roll-over; multiple plaintiffs; multiple defendants; case pending in State and Federal courts; Mediated with one of the named defendants. Mediated settlement of $3.1 million from that defendant.
  • Two workmen die in apartment complex fire.  Multiple defendants.  Global mediated settlement of $2.95 million.
  • Shareholder Dispute. Minority shareholder asserts that he had not received dividends properly in accordance with the stockholder agreement. Majority parties wanted to sell company, but could not complete the sale until they resolved the dividend dispute with the minority shareholder. Mediated Settlement of $2.1 million ($300,000 payment upfront, with remaining $1.8 million paid in monthly installments of $57,000/month — $50,000 principal; $7,000 interest).
  • High School student with learning and comprehension disabilities falls off platform in gymnasium. Student suffered severe fractures of the left ankle, pelvis and spine, resulting in multiple operations to repair the damage.  Future surgeries may be required.  Medical bills of approximately $600,000. Multiple mediation sessions.  Mediated settlement of $2.03 million.
  • Semi struck by auto while picking up payload at customer’s loading dock.  Driver loses both legs in accident and incurs $330,000 in medical bills.  Auto driver has policy of $20,000.  Truck driver sues customer for unsafe pick-up conditions at loading dock.  Mediated settlement of$1.85 million.
  • Professional Malpractice Dispute. Estate alleges doctors’ and hospital’s failure to timely test and diagnose DVT resulted in plaintiff’s death.  Mediated Settlement of $1.8 million.
  • Wrongful death case.  Single plaintiff in his 30’s involved in minor accident on the freeway.  While taking photos of the damage, he was struck and killed by a truck.  Allegation of failure to maintain safe distance between truck and pedestrian after driver had seen the pedestrian on the side of the road.  Mediated settlement of $1.8 million.  Plaintiff was survived by mother and siblings.
  • Un-attended patient with pre-existing medical issues and short life expectancy slips out of chair and suffers brain injury. Mediated settlement of $1.75 million dollars.
  • Wrongful death case, plaintiff’s vehicle was struck by school bus resulting in fatality. Mediated settlement of $1.75 million.
  • Product Liability results in worker sustaining severe arm lacerations while on the job. Mediated Settlement of $1.5 million.
  • Products Liability resulting in mechanic getting crushed to death on the job. Mediated settlement of $1.4 million.
  • Alleged wrongful death of a minor resulting from course of treatment for Macrophage Activation Syndrome in Juvenile Rheumatoid Arthritis. Mediated settlement of $1.25 million.
  • Bicyclist sustains leg and foot injuries when struck by commercial truck.  $400,000+ in medical specials. Mediated settlement of $1.245 million.
  • FELA case. Mediated settlement of $1 million.
  • Med-Mal case.  Woman goes into hospital with chest pains. Hospital performs diagnostic CT scan with contrast dye.  Tube was not inserted properly, resulting in Compartment Syndrome. Plaintiff lost functional use of left arm.  Mediated settlement of $1 million.
  • Alleged sexual harassment and wrongful termination case against fast-food restaurant. Complaint pending before Illinois Human Rights Commission. Bottom line pre-mediation demand of $5 million. After a full-day mediation, a mediated settlement of $45,000 was reached between the parties.
  • Employment Dispute.  Plaintiff allegedly sexually assaulted by supervisor.  Confidential high six-figure mediated settlement.
  • Physician attending conference hit by auto in the cross walk.  Insured defendant carried $500,000 liability policy and a $5 million umbrella policy.  Plaintiff required knee operation, resulting in wearing a brace.  She also complained of hip and back problems.  Mediated settlement of $850,000.
  • Female pedestrian hit by auto while crossing street legally. Plaintiff suffers fractured knee that required surgery. $150,000 in medical bills and $40,000 in lost wages. Mediated settlement of $850,000.
  • Tour bus roll-over, multiple plaintiffs. Mediated Settlement of $815,000.
  • A man in his mid 60’s with numerous medical issues was at dialysis. He exhibited a medical problem and dialysis was discontinued. Paramedics were not called for 45 minutes.  Upon their arrival, plaintiff had a cardiac arrest and died. He was survived by a wife and two grown children.  Mediated Settlement of $750,000.
  • Alleged Product Defect results in plaintiff losing an eye. Comparative negligence was an issue. Mediated settlement of $750,000.
  • 31-yr-old male motorcyclist killed when he collides with a vehicle making left-turn. Indications motorcyclist was traveling 20-30 mph over the speed limit. Plaintiff survived by wife expecting first child. Mediated Settlement of $735,000.
  • Nursing malpractice case. Accidental death of a minor child.  Mediated settlement of $700,000.
  • Trip and Fall at commercial property. Plaintiff suffers trimalleolar fracture of the ankle, including internal fixation and hardware removal. Multiple defendants. Mediated settlement of $692,500.
  • 40-year-old Female customer at retail store is struck by falling ladder when store employee loses control of the ladder.  She is struck in the shoulder, resulting in three surgeries.  Mediated settlement of $675,000.
  • Premises Liability.  Plaintiff with pre-existing back issues (previous operations on T1 to L4 and L5) aggravates back injury.  Mediated settlement of $615,000.
  • 86-year-old woman falls out of her wheelchair fracturing her hip at nursing home facility.  She dies three days later.  Mediated settlement of $600,000.
  • FELA case.  Railroad worker injures back while moving metal plates.  Injury results in operated back and total disability.  Mediated settlement of $550,000.
  • Vehicle collides with female motorcyclist. Motorcyclists suffers injuries ultimately leading to two knee replacements. Mediated settlement of $525,000.
  • Pedestrian struck and killed by commercial vehicle.  Driver initially saw the pedestrian, and then lost sight of the pedestrian but continued anyway.  Defendant originally denied liability. Mediated settlement of $445,000.
  • Construction worker struck in cross walk by bus and knocked down resulting in shoulder injury and surgery.  $125,000 in undisputed medicals.  Mediated settlement of $425,000 plus mediation costs.
  • Insurance coverage dispute involving trust and medical insurance company.  Several layers of insurance including excess coverage carrier. Nine hour mediation results in $425,000 mediated settlement.
  • Plaintiff turns left on green light into the path of a flagged cement truck exiting construction site.  Plaintiff previously had an operated knee.  Accident aggravates knee, as well as plaintiff’s chronic degenerative back injury. Mediated settlement of $400,000.
  • Construction worker falls through hole on construction site, sustaining multiple injuries.  Comparative negligence and significant Worker’s Comp. lien were proving obstacles to settlement pre-mediation.  Mediated Settlement of $400,000.
  • Trucking cross-over accident. Plaintiff had $90,000+ in medical bills, aggravated pre-existing injuries. Mediated settlement of $400,000.
  • Chiropractic malpractice case.  Plaintiff alleges chiropractor caused her to jerk in awkward motion when receiving electric stimulation to her neck.  Plaintiff eventually has back surgery with multiple fusions.  Mediated settlement of $362,500.
  • Insurance Coverage Dispute: Dispute over additional insured properly added to a insurance policy. Mediated Settlement of $350,000.
  • Real Estate dispute between co-owners of an apartment building over sale and value of the jointly owned apartment units.  Mediated Settlement where three neutral real estate appraisers selected by the mediator appraise the property, and the average of the three appraisals is used as the purchase price.  Defendant has right of first refusal to purchase property, if not plaintiff may purchase the property.
  • Plaintiff on bar dancing, and falls off bar.  Video evidence of bar employees encouraging patrons to get up on bar and dance.  Plaintiff suffers back injury, resulting in fusion.  $230,000 in specials.  Mediated settlement of $330,000.
  • FELA case. Mediated settlement of $325,000.
  • Truck collides with vehicle, aggravating plaintiff’s a-symptomatic degenerative back issue.  Plaintiff undergoes one year of radio frequency ablation therapy to relieve back pain in facet joints.  Mediated settlement of $325,000.
  • Nursing home negligence case.  87-year-old patient developed pressure ulcers on her hip contributing her infection and fever, and ultimate death. Mediated settlement of $300,000 pre-discovery.
  • Two female cab passengers injured in accident when taxi and a bus collide on the interstate.  Defendants disputing percentage of liability and cause of accident.  Defendants and plaintiff agreed to a mediated settlement of $300,000, with the defendants agreeing to arbitrate liability between themselves.
  • Forklift Operator removing products from truck. Truck pulled away and plaintiff fell resulting in fractured spine. Dispute over who drove the truck away. Mediated Settlement of $270,000.
  • $250,000 Mediated Settlement in FELA case.
  • Product liability dispute, manufacturer went bankrupt and was not a party to the case. Distributor was only defendant. Plaintiff’s ear drum ruptured after fall off product into the water. Three surgeries with $80,000+ in medical bills. Mediated settlement of $225,000.
  • Wave hits pleasure boat. Woman in cabin falls, suffers transverse fracture of her spine. $130,000 in medical bills. She alleged that a small craft warning was in effect and that she had asked captain to return to harbor. Weather status was in dispute and there was no small craft warning on date of incident. Mediated Settlement of $225,000.
  • Plaintiff fell off ladder on scaffolding. Mediated Settlement of $215,000.
  • Subrogation Dispute. Warehouse damaged when furnace was allegedly turned off by mistake, resulting in sprinkler system pipes bursting and damaging facility. Mediated settlement of $175,000.