Caputo & Popovic, P.C. and Kearns Law Firm, LLC Win Significant Product Liability Case

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Attorneys Nicholas A. Caputo, of Caputo & Popovic, P.C., and Christopher R. Kearns, of Kearns Law Firm, LLC, achieve a multi-million dollar verdict in a products liability case for a severely injured client.

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Attorneys Nicholas Caputo and Christopher R. Kearns recently won a noteworthy product liability case in the Circuit Court of Cook County, Illinois, County Department, Law Division (Case No. 2012 L 013778). The case stemmed from Caputo’s client (plaintiff) sustaining multiple injuries on a construction site.

According to court documents, the plaintiff, a 35-year-old construction laborer, rigged a 72” precast concrete lid for a sewer basin (4,280 lbs.) with embedded steel lifting loops, and as the product was being hoisted, one of the embedded steel lifting loops broke off and struck the plaintiff in the head and face. Court documents further alleged that the product was defective and unreasonably dangerous in its design and manufacture and that no instructions or warnings were provided, and that the makers of the lifting loops allegedly did not manufacture them according to the minimum safety standards promulgated by the Occupational Safety and Health Administration.

During the course of the trial, over 20 witnesses testified regarding the circumstances of the incident and the nature and extent of the injuries. Amongst the witnesses were several specialists from Northwestern Memorial Hospital who had provided treatment to the plaintiff that sustained severe injuries including a traumatic brain injury, subdural hematoma, subarachnoid hemorrhage, multiple facial, orbital, nasal and skull base fractures requiring permanent implantation of three titanium plates and sixteen screws, and traumatic ptosis and facial scarring. The traumatic brain injury, according to court documents, allegedly resulted in anxiety, depression, insomnia, and cognitive impairments. After deliberation, the jury found in favor of the plaintiff on all counts and awarded a substantial verdict.

Plaintiff’s liability expert, Dr. Richard Ziernicki from Knott Laboratories in Centennial, CO, provided failure analysis and accident reconstruction testimony. The plaintiff also retained Dr. Jeri Morris, a board certified clinical neuropsychologist, to conduct a full evaluation of the plaintiff to determine the nature and extent of the traumatic brain injury.

Throughout the trial, the plaintiff’s evidence was displayed utilizing cutting-edge courtroom technology from the outset of the opening statement, during witness presentation, and concluding with the closing argument. Caputo and Kearns presented evidence with iPad technology, laptops, and other in-court media. Additionally, the trial judge was provided with all trial exhibits via iPad for ease and accessibility. Caputo and Kearns retained the services of Mike Ko of Groundwork Trial Consulting to assist with all aspects of technology in the courtroom.

About Caputo & Popovic, P.C.
Caputo & Popovic, P.C. was founded on the premise that big-firm results should be delivered in an individual, personalized and efficient manner. Caputo & Popovic handles complex litigation in state and federal courts for individuals and businesses facing legal issues and financial situations that have significant and profound consequences. Attorney Nicholas A. Caputo focuses on the effective and efficient use of technology in the courtroom, and teaches about that in a course at the Chicago-Kent College of Law. For more information, please call (312) 300-3800, or visit http://www.caputolawfirm.com.

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