Verdicts & Results - Brian O'Kane

Brian P. O'Kane
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Contreras v. Corporation
Lake County
Thomas M. Schippers
Premises Liability
May 5-6, 2014
$180,000
Directed Verdict for Defendant Corporation
The plaintiff alleged that she slipped and fell on an unnatural accumulation of ice on her way out of the Defendant’s store. She alleged that her fall was also caused by inadequate lighting in the area of the ramp at the location of her fall. She sustained a concussion and soft tissue injuries to the back of her head, right elbow and tailbone. The plaintiff claimed to have suffered post-concussion symptoms including slurred speech, word finding difficulty and fatigue. The plaintiff sought to recover more that $57,000 in medical bills and $2,000 in lost wages as a nurse. At the conclusion of plaintiff’s case-in-chief, the trial court granted the Defendant Corporation’s motion for a directed verdict finding that the plaintiff had failed to establish that the ice upon which she fell was an unnatural accumulation or that the lighting in the area of her fall was inadequate or a contributing cause of her fall.

Brian P. O'Kane
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Smith v. Dermatologist
Cook
Drella Savage
Medical Malpractice
August 15 – 26, 2013
Plaintiff requested $1,200,000 from the jury.
Not Guilty in favor of the defendant dermatologist.
The plaintiff alleged that the dermatologist doctor was negligent for prescribing Accutane for her acne that did not meet the labeled indication of severe recalcitrant nodular acne. Plaintiff further alleged that the defendant doctor kept her on a course of treatment that was too long and that he failed to warn her of the psychiatric side effects of Accutane. The plaintiff asserted that she suffered lost wages, depression and suicidal ideation as a result of the alleged negligence. The defendant presented evidence that the off-label use of Accutane for chronic papulopustular acne was within the standard of care and that he properly warned the patient of the potential psychiatric side effects. The defendant further presented testimony that the amount of Accutane he prescribed and the length of therapy complied with the standard of care and were designed to not simply temporarily clear her acne, but to provide her the best chance of a full remission, complied with the standard of care. The jury returned a “Not Guilty” verdict after two hours of deliberation.

Brian P. O'Kane
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Swallow v. Corporation
Circuit Court of Cook County, Law Division
James P. McCarthy
Premises Liability
October 1, 2012
$125,000
NOT GUILTY
The plaintiff alleged that he tripped and fell in a large pothole on the defendant's parking lot sustaining a bimalleolar ankle fracture/dislocation resulting in surgery with insertion of hardware into the ankle and a second surgery to remove several surgical screws. The plaintiff missed six weeks of work. The plaintiff’s retained orthopedic surgery expert testified that the plaintiff suffered a permanent injury and would require future ankle fusionsurgery as a result of arthritis caused by his alleged fall. The plaintiff's treating orthopedic surgeon testified that the plaintiff's ankle fracture predated his alleged fall. At trial, the plaintiff was impeached with evidence of an injury to the same ankle three weeks prior to his alleged fall at the defendant’s parking lot.

Brian P. O'Kane
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Kafka v. Corporation
Circuit Court of Cook County, Law Division, 5th Municipal District
Thomas W. Murphy
Premises Liability
May 17, 2012
$70,000
NOT GUILTY
The 60-year-old female plaintiff allegedly tripped and fell in a pothole filled with water on the defendant gas station's asphalt driveway. She sustained a left wrist fracture for which she underwent successful closed-reduction surgery and incurred medical bills exceeding $20,000. The defendant asserted that the alleged pothole was an open and obvious condition and that the alleged pothole was so minor that it did not pose an unreasonable risk of harm to patrons. After deliberating for one hour, the jury entered a "Not Guilty" verdict.

Brian P. O'Kane
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Wolfe v. Corporation
Circuit Court of Cook County, Law Division, 5th Municipal District
Janet Brosnahan (bench trial)
Premises Liability
February 21, 2012
$90,000
Directed Finding/JUDGMENT IN FAVOR OF THE DEFENDANT
The plaintiff alleged that she slipped and fell on the defendant convenient store’s floor as a result of wetness from mopping and that the defendant failed to warn the plaintiff of the danger posed by the wet floor. The plaintiff sustained a left elbow dislocation for which she underwent unsuccessful physical therapy followed by left shoulder surgery. After the plaintiff rested, the defendant was granted a directed finding with Judgment entered in favor of the defendant and against the plaintiff on the grounds that the plaintiff failed to establish that the alleged wetness was caused by the defendant’s mopping or that the defendant had prior knowledge of the alleged wetness on its floor.

Brian P. O'Kane
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Sherman v. Corporation
Circuit Court of Cook County, Law Division
Carol Pearce McCarthy
Premises Liability
January, 2009
$100,000.00
NOT GUILTY
The plaintiff alleged that he slipped and fell on an unnatural accumulation of ice resulting in an ankle sprain, posterior malleolus fracture and neurological injury and subsequently required surgery to correct tendinosis of the FHL tendon. The plaintiff sought damages in excess of $100,000.00. The jury returned a not guilty verdict after two hours of deliberation.