Illinois Verdicts

Type:

Verdict-Defendant

State:

Illinois

Venue:

Cook County

Court:

Cook County Circuit Court

Injury Type(s):

Case Type:

Premises Liability – Snow and IceSlips, Trips & Falls – Slips, Trips & Falls, Slip and FallPremises Liability – Stairs or Stairway, Negligent Repair and/or Maintenance

Case Name:

Renald Carter and Pamela Carter v. Blue Turtle Enterprises Inc. d/b/a Webster’s Wine Bar and Distinctive Wines and Spirits / Blue Turtle Enterprises Inc. v. Union Beverage Co.

Date:

May 28, 2013

Plaintiff(s):

Pamela Carter (Female), 

Renald Carter (Male, 42 Years)

Plaintiff Attorney(s):

Joseph Younes;
Law Offices of Joseph Younes;
Chicago,
IL,
for
Pamela Carter, Renald Carter ■ Paul M. McMahon;
Costello, McMahon, Burke & Murphy Ltd.;
Chicago,
IL,
for
Pamela Carter, Renald Carter

Plaintiff Expert(s):

David Gibson M.B.A., C.P.A., C.R.C.;
Economics;
Chicago,
IL called by:
Pamela Carter, Renald Carter ■ Samuel Chmell M.D.;
Orthopedic Surgery;
Maywood,
IL called by:
Pamela Carter, Renald Carter

Defendant(s):

Union Beverage Co., 

Blue Turtle Enterprises Inc., 

Distinctive Wine and Spirits

Defense Attorney(s):

John P. Prusik;
Prusik Selby Daley & Kezelis;
Chicago,
IL,
for
Union Beverage Co., Blue Turtle Enterprises Inc., Distinctive Wine and Spirits ■ Nicholas G. Kourvetaris;
SmithAmundsen LLC;
Chicago,
IL,
for
Union Beverage Co., Blue Turtle Enterprises Inc., Distinctive Wine and Spirits ■ Margaret A. Gisch;
Golan & Christie;
Chicago,
IL,
for
Union Beverage Co., Blue Turtle Enterprises Inc., Distinctive Wine and Spirits

Defendent Expert(s):

Thomas Donley Economics;
Chicago,
IL for
Union Beverage Co., Blue Turtle Enterprises Inc., Distinctive Wine and Spirits ■ Lindsay Anderson Engineering;
Park Ridge,
IL for
Union Beverage Co., Blue Turtle Enterprises Inc., Distinctive Wine and Spirits

Insurer(s):

Badger Mutual Insurance Co.

On Feb. 7, 2008, plaintiff Renald Carter, 42, a delivery truck driver, was making a delivery to Webster’s Wine Bar on Webster Avenue in Chicago. He used a hand truck to transport five cases of wine inside the bar. To get to the wine cellar, he took the hand truck down a set of stairs. He slipped and fell, injuring his right elbow. Carter sued the bar and its owner, Blue Turtle Enterprises Inc. He also sued a liquor distributor, Distinctive Wine and Spirits, whose delivery driver Carter claimed arrived at the bar prior to him and tracked in the snow that he slipped on. Also named in the lawsuit were other entities believed to be shareholders of Blue Turtle Enterprises. The direct defendants impleaded Carter’s employer, Union Beverage Co. Both Distinctive Wine and Spirits and Union Beverage were dismissed from the case on summary judgment. Pamela Carter, Renald’s wife, filed a derivative claim in the case, which was non-suited prior to trial. Carter claimed that the wine cellar was inadequately lit, contributing to a hazardous condition of the stairs. He also alleged that the stairs (which were 125 years old) violated the Chicago Building Code because they were not of uniform height. He claimed that the stairs also did not have adequate tread. All of these factors contributed to the accident, he contended. Blue Turtle Enterprises admitted that the stairs contained some minor infractions of the Chicago Building Code. However, defense counsel contended that these infractions were not the cause of the accident. He contended that Carter had been making deliveries to the wine bar for eight years prior to the accident, and therefore should have known the condition of the stairs he was using. He also contended that Carter told a doctor he treated with that day that he had fallen down the stairs solely because of ice and snow that had accumulated on his boots.

Following the accident, Carter presented to an industrial clinic for treatment for pain to his right elbow. He was given ice for his elbow, as well as ibuprofen. However, his pain continued, and he followed up with his primary care doctor as well as a surgeon. He was eventually diagnosed with elbow bursitis, as well as a torn triceps tendon in his right elbow. Carter underwent surgery, which included a right proximal ulna partial resection of an exostosis, as well as a partial bursectomy. He followed up with physical therapy. Carter claimed that he would be unable to work as a delivery driver again after the accident. The plaintiff’s expert economist estimated lost wages of approximately $1.1 million for Carter. Carter’s counsel sought a recovery of $1.2 million, which included medical costs of $23,000 and lost wages.

The jury rendered a verdict, finding in favor of the defendant. However, the parties had agreed to a high-low agreement, setting a high of $900,000 and a low of $300,000.

Judge:

Susan R. Grussel

Demand:

$500,000

Offer:

$250,000

This report is based on information that was provided by plaintiff’s counsel for Pamela Carter and defense counsel for Blue Turtle Enterprises and Distinctive Wine and Spirits. Plaintiff’s counsel for Renald Carter and defense counsel for Union Beverage did not respond to the reporter’s phone calls.