Michael R. Panter - in the news - personable personal injury lawyer in Chicago

DePaul University School of Law – Mike Panter is teaching a law school class at DePaul, where he was a student 30 years ago. "It is so much fun and so exciting to work with these really smart and dedicated future lawyers." The class is called Litigation: Pre-Trial, and it involves studying everything needed to get a case ready for trial. Mike and the students have really enjoyed working with the rules and strategies in preparing cases. They have gotten terrific assistance from established lawyers, trial consultants and judges. "Working with these excellent students is not just fun, it’s a great way to reflect on and learn new ideas and to reinforce old ones." Call us if you would like to know more about this class.

Michael R. Panter, a trial lawyer based in Chicago, Illinois, last week completed an extensive six-day course at Harvard Law School in courtroom techniques titled Ultimate Trial Advocacy Course: Art of Persuasion. - press release -

Crane Collapsed, Dropping Beam on Worker’s Head
Verdict: $5,300,000 - Actual: $5,100,000 - Case: Patrick Bauer, Deceased, by and through Misty Bauer, as Special Administratrix of his estate, and Misty Bauer, individually v. Morse Diesel, Inc., et al, No. 00 L 008590 - Court: Cook County Circuit Court, IL - Judge: Thomas L. Hogan - Date: 1/26/06 - Plaintiff Attorneys: Michael R. Panter (lead), Michael R. Panter & Associates, Chicago, IL; Charles Cannon III, Michael R. Panter & Associates, Chicago, IL - Defense Attorneys: Paul Bozych, Clausen Miller, PC, Chicago, IL; Bradford Krause, Clausen Miller, PC, Chicago, IL; Dominic Saviano, Clausen Miller, PC, Chicago, IL

Facts & Allegations: On May 9, 2000, decedent Patrick Bauer, 28, then a service technician for Morrow Construction Co., Tuscaloosa, Ala., was working in a building that was under construction. The project manager was Morse Diesel Inc. During the “raising” or “jumping” of a crane, the crane collapsed, causing a six-foot beam to fall onto Bauer’s head and knock him 30 feet to the ground. Bauer’s wife, Misty, sued Morse, parent Morse Diesel International Inc. and their parent company AMEC and numerous affiliates, for negligence and German crane manufacturer Liebherr-Werk Biberach GmbH, for products liability. The latter settled early on for $200,000. Plaintiff counsel argued that the crane was raised under adverse conditions, with an unsupervised, inexperienced, understaffed and under-equipped crew. Plaintiff counsel contended that this was just one of many accidents on this site, some involving cranes, both before and after Bauer’s death. The trial was tried on damages only due to a discovery sanction against AMEC after the court found that it continued to engage in discovery abuses despite repeated warnings.

Bauer was killed in the accident. No experts on economics were called due to a stipulation for lost income of $800,000. Plaintiff counsel contended that his was unusually hard on his wife because they had a very close relationship and had been almost inseparable since they met at 11. Plaintiff counsel contended it was not just the loss of a love of 17 years, but the 50 years in the future that she would be without his companionship, love and affections. His wife testified that she and Bauer’s mother attended group therapy for grief counseling. Plaintiff counsel sought between $12 million and $15 million for loss of society. Defense counsel contended that Plaintiff’s demands were unreasonable and suggested that $1 million was a better estimate of loss of society.

Result: The jury found for the Plaintiff and awarded her $4.5 million on top of the stipulated-to $800,000. The award was subject to a $200,000 setoff to reflect the settlement with Liebherr-Werk Biberach.

Grease Accident Settlement
An employee of Applebee's Neighborhood Grill & Bar was disposing of used hot frying grease according to the standard procedure of Applebee's by using a large soup bucket to transport the grease from the kitchen to the dumpster area behind the restaurant. The plaintiff slipped on freshly fallen snow and spilled the grease on himself, suffering burns on 17% of his body surface area, including his left arm, left flank, and left lower abdomen, which required skin grafts and resulted in scarring over those areas. Confidential amount was paid by Indiana Insurance on behalf of Applebee's International; Gulf Insurance, and Commercial General Union on behalf of Apple Illinois; and Lexington Insurance on behalf of third-party defendant Niles Bolton.

Lawn chair design causes collapse and injury
Maki, 44, attempted to sit in her folding lawn chair when one leg of the chair folded. The chair collapsed, causing her to fall and hit her tailbone. She suffered soft-tissue back and knee injuries. Maki sued Styling Plastic Co., the chair manufacturer, and Venture Co., the distributor. She claimed that Styling had defectively designed the chair in that it had an insufficient locking mechanism on its legs. Plaintiff also claimed that defendants had failed to warn of the danger of collapse. The parties settled for $150,000

Financial Malpractice
Sept. 15, 1981, was the deadline for defendant law firm to file a securities offering circular for plaintiff former operator of the Tropik Sun Fruit & Nut Chain, with Rodman & Renshaw for underwriting of a $1,500,000 private stock offering, but they did not file it until Nov. 13, 1981, by which time the guaranty was withdrawn and Competitive went out of business. Barbara Wellard, president, organized DiversiFoods, which now has 58 stores, and she testified for plaintiff. Defense was that doubt existed about ownership of a trade mark by Szabo Interests of Canada which defendants had to clear up before filing the circular. Plaintiff said such issues were disproved in later litigation, including two appeals, one reported at 524 NE 2d, 207 (1988). The jury included a woman lawyer from a large firm and deliberated 3 days. Six lawyers were witnesses from prior litigation besides three lawyer experts. Verdict: $1,500,000 after 50% off $3,000,00 for plaintiff negligence.

$1.1 Million Settlement in Suit Arising from Patient’s Suicide
Jane Doe dropped out of college and came back home, very depressed. Over the next three months, Jane was seen by five different therapists including a psychiatrist, a psychologist, and three social workers. On May 21, Ascension Thursday, the same holy day on which she was born 19 years earlier, Jane took her own life. Using a red nylon cord, she hanged herself in her father’s garage, even as she was scheduled for her next therapy appointment. She left an inconsolable father, mother and brother and sister. Dr. Doe #1 was the last therapist to see Jane. He gave her an exercise in “sensory motifs” which she handled by writing in her journal that she wanted to die and which Dr. Doe #1 never looked at. Dr. Doe #1 does not recall when he wrote up his treatment notes, claims he discarded her billing forms after her death, and applied for incorporation after learning of her death. Jane Doe Dr. #2 saw her one session before Dr. Doe #1 and recorded a suicide attempt but did virtually nothing about it. Dr. Doe #3 saw her about 13 sessions until she terminated with him. Dr. Doe #4 was the psychiatrist who medically managed Jane. Injury: Death - Result: $1,100,000 settlement

$7.5 million dollar settlement against doctors and hospital for their negligence during the delivery of a baby
During the delivery of her child, an expectant mother sustained a uterine rupture which resulted in her child being born with cerebral palsy. The case settled for seven figures.

Firm Wins Six-Figure Verdict in HIV Misdiagnosis
In this case, we represented a young African American man who was incorrectly diagnosed by his doctor as HIV positive in July 1992. The misdiagnosis had devastating consequence on his life. A one-time college basketball star with a full scholarship and a cum laude graduate, the young man became so distraught over his "AIDS sentence" that he joined a gang and resolved to die until another physician finally correctly diagnosed him-more than two years later. Despite an ambiguous "indeterminate" reading on the original HIV test and notwithstanding having administered only one or two HIV tests in her career, the young man's physician spent 14 months treating him for AIDS before referring him to a physician who was an expert in infectious diseases. That physician retested our client in September 1994 and found he was HIV negative. Even though the jury had only one African-American member and included a legal assistant for a prominent insurance defense firm, it returned a six-figure verdict in favor of our client, who has now returned to his former career in law enforcement.

Michael R. Panter & Associates Settles $2.4 Million Malpractice Case
A 72-year-old retiree visited his doctor with a bump on his foot. His medical history included being hit on the foot with a baseball. Over the next 11 months, the bump grew. He was seen by various physicians during that time, including a radiologist who reported on an MRI saying that a tumor should be ruled out. The man switched doctors and the bump was immediately biopsied and found to be malignant. Despite aggressive therapy the man died. The plaintiff's widow received a $2.4 million settlement for loss of companionship.

$1 Million Awarded to Client in Ride Accident
The plaintiff, a 28 year-old man, was severely injured while operating an amusement park ride called the Gravitron, which weighs bout 20,000 pounds and spins up to 24 times per minute. He came up through a trap door in the floor at the same time as an assistant unknowingly began to operate the ride. The turning floor crushed the plaintiff's legs in the support stand underneath the ride. There were no interlocks or alarms to show the operator that the trap door was open or to prevent the floor from rotating while the trap door was in use. The manufacturer and its insurer paid the plaintiff more than $1 million for the ride's negligent design.

Firm Wins $1 Million Verdict in Jail Suicide
An 18-year old awaiting trial on felony charges hanged himself in his cell in Cook County jail. A guard saw him prior to the suicide with a bed sheet wrapped around his neck but walked away from the victim's cell, thinking he was joking. The jury, which included a foreman who was a Cook County Sheriff's officer, awarded the plaintiff's family $1 million. In their depositions, the plaintiff's former attorneys before Mike Panter took over the case had estimated the case was only worth about $40,000.

Jury Rules Jewel Vestibule’s Tile Floor Unsafe After Fall
Verdict: $280,600 ($127,500 disab. & disfig., $100,000 P&S, $14,500 past and $33,000 future medl. exp. and $5,600 LT) - Judge: Leonard Levin (Law Division) - Plaintiff Attorney: Michael Panter Demand: $60,000 Asked: $470,000 - Defendant Attorney: Leslie Horwath of Querrey & Harrow (Self-ins., Kemper) - Plaintiff Medical: Drs. George Miz and William Farrell - Plaintiff Expert: Henry Mikolajczyk (architect)

Facts: Nov. 18, 1985 M-59 slipped/fell on wet tile floor in Jewel Food Store vestibule at 9410 S. Ashland, Chicago, sustained torn medial meniscus left knee and bulging disc L4-L5 ($14,500 medl., $5,600 LT). Defense contended water was natural accumulation from tracked-in rain and plaintiff contrib. negl. for not paying attention. Plaintiff claimed the vestibule tile floor, installed when the store was built in 1968, was unsafe. Salesman for tile manufacturer Armstrong testified the tile used was inappropriate for areas with standing water because it becomes slippery when wet–and said he recommended a slip-resistant tile to Jewel. Store security guard said he knew floor was slippery 45 minutes before accident and testified to practice of throwing flattened cardboard boxes over the vestibule tile on rainy days (even though this practice was contrary to the Jewel safety manual). Stores built or remodeled after 1987 have incorporated slip-resistant rubber tiles with dimples. Plaintiff’s attorney states that various Jewel officials (Director of Store Maintenance, President of Construction, and Director of Risk Management) testified that store safety was not their concern and that they did not know whose responsibility it was–despite long history of similar slip/fall accidents. He indicates that plaintiff plans to appeal pretrial denial of Motion to Amend requesting punitive damages.



	Michael R. Panter & Associates Newsworthy Events DePaul University School of Law – Mike Panter is teaching a law school class at DePaul, where he was a student 30 years ago. "It is so much fun and so exciting to work with these really smart and dedicated future lawyers." The class is called Litigation: Pre-Trial, and it involves studying everything needed to get a case ready for trial. Mike and the students have really enjoyed working with the rules and strategies in preparing cases. They have gotten terrific assistance from established lawyers, trial consultants and judges. "Working with these excellent students is not just fun, it’s a great way to reflect on and learn new ideas and to reinforce old ones." Call us if you would like to know more about this class. Michael R. Panter, a trial lawyer based in Chicago, Illinois, last week completed an extensive six-day course at Harvard Law School in courtroom techniques titled Ultimate Trial Advocacy Course: Art of Persuasion. - press release - Crane Collapsed, Dropping Beam on Worker’s Head Verdict: $5,300,000 - Actual: $5,100,000 - Case: Patrick Bauer, Deceased, by and through Misty Bauer, as Special Administratrix of his estate, and Misty Bauer, individually v. Morse Diesel, Inc., et al, No. 00 L 008590 - Court: Cook County Circuit Court, IL - Judge: Thomas L. Hogan - Date: 1/26/06 - Plaintiff Attorneys: Michael R. Panter (lead), Michael R. Panter & Associates, Chicago, IL; Charles Cannon III, Michael R. Panter & Associates, Chicago, IL - Defense Attorneys: Paul Bozych, Clausen Miller, PC, Chicago, IL; Bradford Krause, Clausen Miller, PC, Chicago, IL; Dominic Saviano, Clausen Miller, PC, Chicago, IL Facts & Allegations: On May 9, 2000, decedent Patrick Bauer, 28, then a service technician for Morrow Construction Co., Tuscaloosa, Ala., was working in a building that was under construction. The project manager was Morse Diesel Inc. During the “raising” or “jumping” of a crane, the crane collapsed, causing a six-foot beam to fall onto Bauer’s head and knock him 30 feet to the ground. Bauer’s wife, Misty, sued Morse, parent Morse Diesel International Inc. and their parent company AMEC and numerous affiliates, for negligence and German crane manufacturer Liebherr-Werk Biberach GmbH, for products liability. The latter settled early on for $200,000. Plaintiff counsel argued that the crane was raised under adverse conditions, with an unsupervised, inexperienced, understaffed and under-equipped crew. Plaintiff counsel contended that this was just one of many accidents on this site, some involving cranes, both before and after Bauer’s death. The trial was tried on damages only due to a discovery sanction against AMEC after the court found that it continued to engage in discovery abuses despite repeated warnings. Bauer was killed in the accident. No experts on economics were called due to a stipulation for lost income of $800,000. Plaintiff counsel contended that his was unusually hard on his wife because they had a very close relationship and had been almost inseparable since they met at 11. Plaintiff counsel contended it was not just the loss of a love of 17 years, but the 50 years in the future that she would be without his companionship, love and affections. His wife testified that she and Bauer’s mother attended group therapy for grief counseling. Plaintiff counsel sought between $12 million and $15 million for loss of society. Defense counsel contended that Plaintiff’s demands were unreasonable and suggested that $1 million was a better estimate of loss of society. Result: The jury found for the Plaintiff and awarded her $4.5 million on top of the stipulated-to $800,000. The award was subject to a $200,000 setoff to reflect the settlement with Liebherr-Werk Biberach. Grease Accident Settlement An employee of Applebee's Neighborhood Grill & Bar was disposing of used hot frying grease according to the standard procedure of Applebee's by using a large soup bucket to transport the grease from the kitchen to the dumpster area behind the restaurant. The plaintiff slipped on freshly fallen snow and spilled the grease on himself, suffering burns on 17% of his body surface area, including his left arm, left flank, and left lower abdomen, which required skin grafts and resulted in scarring over those areas. Confidential amount was paid by Indiana Insurance on behalf of Applebee's International; Gulf Insurance, and Commercial General Union on behalf of Apple Illinois; and Lexington Insurance on behalf of third-party defendant Niles Bolton. Lawn chair design causes collapse and injury Maki, 44, attempted to sit in her folding lawn chair when one leg of the chair folded. The chair collapsed, causing her to fall and hit her tailbone. She suffered soft-tissue back and knee injuries. Maki sued Styling Plastic Co., the chair manufacturer, and Venture Co., the distributor. She claimed that Styling had defectively designed the chair in that it had an insufficient locking mechanism on its legs. Plaintiff also claimed that defendants had failed to warn of the danger of collapse. The parties settled for $150,000 Financial Malpractice Sept. 15, 1981, was the deadline for defendant law firm to file a securities offering circular for plaintiff former operator of the Tropik Sun Fruit & Nut Chain, with Rodman & Renshaw for underwriting of a $1,500,000 private stock offering, but they did not file it until Nov. 13, 1981, by which time the guaranty was withdrawn and Competitive went out of business. Barbara Wellard, president, organized DiversiFoods, which now has 58 stores, and she testified for plaintiff. Defense was that doubt existed about ownership of a trade mark by Szabo Interests of Canada which defendants had to clear up before filing the circular. Plaintiff said such issues were disproved in later litigation, including two appeals, one reported at 524 NE 2d, 207 (1988). The jury included a woman lawyer from a large firm and deliberated 3 days. Six lawyers were witnesses from prior litigation besides three lawyer experts. Verdict: $1,500,000 after 50% off $3,000,00 for plaintiff negligence. $1.1 Million Settlement in Suit Arising from Patient’s Suicide Jane Doe dropped out of college and came back home, very depressed. Over the next three months, Jane was seen by five different therapists including a psychiatrist, a psychologist, and three social workers. On May 21, Ascension Thursday, the same holy day on which she was born 19 years earlier, Jane took her own life. Using a red nylon cord, she hanged herself in her father’s garage, even as she was scheduled for her next therapy appointment. She left an inconsolable father, mother and brother and sister. Dr. Doe #1 was the last therapist to see Jane. He gave her an exercise in “sensory motifs” which she handled by writing in her journal that she wanted to die and which Dr. Doe #1 never looked at. Dr. Doe #1 does not recall when he wrote up his treatment notes, claims he discarded her billing forms after her death, and applied for incorporation after learning of her death. Jane Doe Dr. #2 saw her one session before Dr. Doe #1 and recorded a suicide attempt but did virtually nothing about it. Dr. Doe #3 saw her about 13 sessions until she terminated with him. Dr. Doe #4 was the psychiatrist who medically managed Jane. Injury: Death - Result: $1,100,000 settlement $7.5 million dollar settlement against doctors and hospital for their negligence during the delivery of a baby During the delivery of her child, an expectant mother sustained a uterine rupture which resulted in her child being born with cerebral palsy. The case settled for seven figures. $3 million dollar settlement/award of a 19 year old in an automobile accident We represented the family of a 19 year old college freshman whom died as a result of a catastrophic automobile accident. The case was arbitrated and we received a seven figure award. Jury Awards Michael R. Panter & Associates Client $2.5 Million in Wrongful Death Case Our client, a middle-aged woman in otherwise good health, was admitted to the hospital for routine surgery. The surgery went smoothly and her physician authorized her discharge. Over the course of the next several hours, the woman developed a low-grade fever and exhibited numbness and dizziness when walking. The hospital nurse reported this in two separate telephone calls to the physician, who subsequently claimed to have received only the first call. The woman was discharged in the late afternoon. Her daughter drove her home, where she collapsed and died. An autopsy revealed that she had died from a large pulmonary embolism and that smaller embolisms ha been forming for some time before that. We successfully argued that our client, the mother of 26-year-old twins, should have been tested and treated for the serious heart condition that caused her to lose her life. Firm Wins Six-Figure Verdict in HIV Misdiagnosis In this case, we represented a young African American man who was incorrectly diagnosed by his doctor as HIV positive in July 1992. The misdiagnosis had devastating consequence on his life. A one-time college basketball star with a full scholarship and a cum laude graduate, the young man became so distraught over his "AIDS sentence" that he joined a gang and resolved to die until another physician finally correctly diagnosed him-more than two years later. Despite an ambiguous "indeterminate" reading on the original HIV test and notwithstanding having administered only one or two HIV tests in her career, the young man's physician spent 14 months treating him for AIDS before referring him to a physician who was an expert in infectious diseases. That physician retested our client in September 1994 and found he was HIV negative. Even though the jury had only one African-American member and included a legal assistant for a prominent insurance defense firm, it returned a six-figure verdict in favor of our client, who has now returned to his former career in law enforcement. Michael R. Panter & Associates Settles $2.4 Million Malpractice Case A 72-year-old retiree visited his doctor with a bump on his foot. His medical history included being hit on the foot with a baseball. Over the next 11 months, the bump grew. He was seen by various physicians during that time, including a radiologist who reported on an MRI saying that a tumor should be ruled out. The man switched doctors and the bump was immediately biopsied and found to be malignant. Despite aggressive therapy the man died. The plaintiff's widow received a $2.4 million settlement for loss of companionship. $1 Million Awarded to Client in Ride Accident The plaintiff, a 28 year-old man, was severely injured while operating an amusement park ride called the Gravitron, which weighs bout 20,000 pounds and spins up to 24 times per minute. He came up through a trap door in the floor at the same time as an assistant unknowingly began to operate the ride. The turning floor crushed the plaintiff's legs in the support stand underneath the ride. There were no interlocks or alarms to show the operator that the trap door was open or to prevent the floor from rotating while the trap door was in use. The manufacturer and its insurer paid the plaintiff more than $1 million for the ride's negligent design. Firm Wins $1 Million Verdict in Jail Suicide An 18-year old awaiting trial on felony charges hanged himself in his cell in Cook County jail. A guard saw him prior to the suicide with a bed sheet wrapped around his neck but walked away from the victim's cell, thinking he was joking. The jury, which included a foreman who was a Cook County Sheriff's officer, awarded the plaintiff's family $1 million. In their depositions, the plaintiff's former attorneys before Mike Panter took over the case had estimated the case was only worth about $40,000. Jury Rules Jewel Vestibule’s Tile Floor Unsafe After Fall Verdict: $280,600 ($127,500 disab. & disfig., $100,000 P&S, $14,500 past and $33,000 future medl. exp. and $5,600 LT) - Judge: Leonard Levin (Law Division) - Plaintiff Attorney: Michael Panter Demand: $60,000 Asked: $470,000 - Defendant Attorney: Leslie Horwath of Querrey & Harrow (Self-ins., Kemper) - Plaintiff Medical: Drs. George Miz and William Farrell - Plaintiff Expert: Henry Mikolajczyk (architect) Facts: Nov. 18, 1985 M-59 slipped/fell on wet tile floor in Jewel Food Store vestibule at 9410 S. Ashland, Chicago, sustained torn medial meniscus left knee and bulging disc L4-L5 ($14,500 medl., $5,600 LT). Defense contended water was natural accumulation from tracked-in rain and plaintiff contrib. negl. for not paying attention. Plaintiff claimed the vestibule tile floor, installed when the store was built in 1968, was unsafe. Salesman for tile manufacturer Armstrong testified the tile used was inappropriate for areas with standing water because it becomes slippery when wet–and said he recommended a slip-resistant tile to Jewel. Store security guard said he knew floor was slippery 45 minutes before accident and testified to practice of throwing flattened cardboard boxes over the vestibule tile on rainy days (even though this practice was contrary to the Jewel safety manual). Stores built or remodeled after 1987 have incorporated slip-resistant rubber tiles with dimples. Plaintiff’s attorney states that various Jewel officials (Director of Store Maintenance, President of Construction, and Director of Risk Management) testified that store safety was not their concern and that they did not know whose responsibility it was–despite long history of similar slip/fall accidents. He indicates that plaintiff plans to appeal pretrial denial of Motion to Amend requesting punitive damages.
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Michael R. Panter & Associates Newsworthy Events