James E. Phelan

Mr. Phelan represented a trucking company in defense of a personal injury action after one of its drivers rear ended the plaintiff on a highway. The plaintiff claimed various injuries as a result of the accident, including a lumbar disc herniation, carpal tunnel syndrome, left ankle impingement, and psychological damage. As a result of a thorough investigation into the plaintiff’s past medical history and prior injury claims, Mr. Phelan discovered that the plaintiff had an extensive medical history of similar injury claims, and furthermore, that the plaintiff had made more than twenty prior insurance injury claims. Mr. Phelan used this information at trial, and also retained a medical expert to opine that the plaintiff’s claimed injuries existed prior to his current accident. The plaintiff’s claimed medical bills were approximately $75,000, and the plaintiff’s pre-trial demand was $1 million. Mr. Phelan made no offer to settle, and at the conclusion of the week-long trial, the plaintiff asked for a verdict of $700,000. After deliberations, the jury only awarded the plaintiff $3,335.

In another transportation case, Mr. Phelan represented a taxi cab company in defense of a personal injury matter. The taxi cab driver was involved in an automobile accident with the driver of another car, and as a result of the accident, the other car traveled onto a sidewalk and caused serious injury to a pedestrian. The pedestrian filed suit against the taxi cab company, as well as the driver of the other car, as a result of her injuries. The insurance carrier for the other car settled the entire lawsuit with the pedestrian for $1.5 million, and maintained a contribution action against Mr. Phelan’s client, claiming Mr. Phelan’s client was partially at fault for the accident that injured the plaintiff. Mr. Phelan made no offer to settle. After a week-long trial, the insurance carrier for the other driver asked the jury to find Mr. Phelan’s client fifty percent at fault for the accident and award it $750,000, representing half the money it paid to the injured pedestrian. After deliberations, the jury returned a verdict in Mr. Phelan’s client, finding the taxi cab driver zero percent at fault for the accident, and awarded the insurance carrier no money.

In another transportation case, Mr. Phelan represented an individual in defense of a personal injury matter after he was involved in a car accident with the plaintiff, who was an on-duty police officer at the time of the accident. The plaintiff sustained a serious wrist injury, undergoing two surgeries prior to trial. The plaintiff’s medical bills totaled approximately $46,000, and his injury was not disputed by Mr. Phelan. The plaintiff’s final pre-trial demand was $250,000, and Mr. Phelan’s final offer was $30,000. After deliberations, the jury returned a verdict in favor of Mr. Phelan’s client, and awarded the plaintiff no money.

Premises Liability

Mr. Phelan represented a premises owner in defense of a personal injury action relating to an accident on his client’s premises. The plaintiff, an HVAC subcontractor, was hired by Mr. Phelan’s client to perform repair work on the roof of the building. While accessing the roof through a hatch, the roof hatch collapsed, throwing the plaintiff to the ground and causing serious personal injuries. The plaintiff claimed an inability to return to his line of work, and retained an economist who opined at trial that the plaintiff’s past and future wage loss was in excess of $1 million. The plaintiff’s pretrial demand was $3 million, and Mr. Phelan’s final offer was $300,000. After a two-week trial, the jury awarded the plaintiff $267,330.

Construction Defect Litigation

Mr. Phelan represented a sprinkler pipe sub-contractor after a sprinkler pipe burst on the 30th floor of a high-rise penthouse condominium along North Lake Shore Drive in Chicago, IL. The general contractor hired Mr. Phelan’s client to reconfigure the fire suppression system in the penthouse unit of the building as part of an overall renovation of the penthouse. On one of the coldest days in January, one of the fittings of the fire suppression system above the penthouse unit burst, flooding the entire building. The insurance carrier for the general contractor settled claims with all of the individual unit owners for approximately $3.6 million, and reserved its contribution claim against Mr. Phelan’s client. Mr. Phelan retained two experts who testified at trial: a metallurgist and a fire suppression design consultant. Both experts opined that Mr. Phelan’s client performed all of its work within industry standards. After a two-week jury trial, the attorney for the insurance carrier for the general contractor asked the jury to award a contribution amount against Mr. Phelan’s client for an amount between $2 million and $2.7 million. After deliberations, the jury returned a verdict in favor of Mr. Phelan’s client, finding it zero percent at fault, and awarding the insurance carrier for the general contractor no money.

In another construct defect case, Mr. Phelan represented an insulation sub-contractor in defense of both personal injury and construction defect claims from the home owners. The plaintiffs contracted with the general contractor to build a custom home in the Chicagoland area, and shortly after moving into the home, complained of water infiltration and breathing problems. After the cavity of the home was opened, moisture and mold was identified in various areas. The plaintiffs ultimately filed suit against the general contractor and several subcontractors, including Mr. Phelan’s client, claiming all were responsible for the improper construction of the home. Plaintiffs claimed that moisture infiltration, and subsequent mold contamination, resulted in personal injuries consisting of a permanent asthmatic condition. Prior to trial, all defendants settled out except for Mr. Phelan’s client and one other subcontractor. The plaintiffs’ pretrial demand was $1.9 million, and after a two-and-a-half-week jury trial, the plaintiffs asked the jury for a verdict of $1.5 million. After deliberations, the jury returned a verdict in favor of Mr. Phelan’s client, as well as the co-defendant, awarding the plaintiffs no money.

Product Liability

Mr. Phelan represented a private social club in downtown Chicago after the plaintiff was thrown off a treadmill while working out at the club. The plaintiff claimed that the spacing between the treadmills violated industry standards, and he was seriously injured, sustaining medical bills of approximately $135,000. The plaintiff’s pre-trial demand was $850,000, and the court recommended a settlement of $500,000. After an eight day jury trial, the plaintiff asked the jury for $1.1 million. After the jury found the plaintiff 40% comparatively negligent, they returned a verdict against Mr. Phelan’s client in the amount of $50,100.