Cecil E. Porter

Civil Litigation

• Favorably represented third-party defendant construction company that was sued under the Illinois Joint Tortfeasor Contribution Act; while the jury found liability against our client, there was no amount that had to be paid due to the Kotecki cap on contribution liability.
• Favorably represented small business owner sued by Plaintiff who sustained serious bodily injuries following a trip and fall accident on a municipal sidewalk leading to our client’s business entrance and sued our client with claims of premises liability and negligence that the property was in disrepair and unreasonably dangerous; the Cook County Law Division’s arbitrator found in favor of our client on all issues and awarded zero to Plaintiff.
• Defended business client at the Northern District of Illinois Federal Court through jury trial resolution against Plaintiff who sustained spine injuries while working as a tradesman at a construction site, underwent surgery and suffered permanent work restrictions, then claiming loss of earning capacity; the jury entered an award in favor of Plaintiff, however assessed the majority of liability against the company that we sued as a third-party defendant under theories of contribution liability.
• Obtained summary judgment in the Circuit Court of Cook County, Illinois against Plaintiff and in favor of our rough framing carpentry contractor client who allegedly failed to install a safety railing on a second floor loft and wherein Plaintiff fell from an unprotected loft ledge and sustained severe injuries; the Circuit Court ruled against Plaintiff and in favor of our client.
• Obtained summary judgment in the Circuit Court of Cook County, Illinois in favor of condominium owner client and against tenant in a premises liability lawsuit wherein Plaintiff claimed unnatural accumulations of ice on the building roof fell to the ground and caused her to slip and fall; the Circuit Court agreed with our arguments that Plaintiff’s accident occurred in the common element areas of the property and that our client was not responsible for the ice removal that Plaintiff claimed caused her accident.
• Obtained defense verdict in the United States District Court for the Northern District of Illinois on behalf of semi-truck driver client in a personal injury case wherein Plaintiff filed suit alleging personal injuries following a collision that involved passenger automobiles, car-haulers and semi-trailers on a Cook County expressway near O’Hare Airport; following a bench trial, the Court agreed with our attorney that Illinois law does not recognize that a rear-end collision is sufficient evidence that the responsible driver was negligent and found in favor of each Defendant.
• Obtained summary judgment by the United States District Court for the Northern District of Illinois for manufacturer client against laborer that alleged counts of premises liability and general negligence on multi-count lawsuit involving personal injuries; the Court agreed that Plaintiff had insufficient evidence to support these counts and found in our client’s favor.
• Obtained summary judgment in the Circuit Court of Cook County, Illinois in favor of concrete cutting company client who allegedly failed to cover and/or barricade floor openings it created between floors at a construction site, and against Plaintiff who sustained numerous injuries after a fall through the floors.

Workers’ Compensation

• Illinois Workers’ Compensation Commission affirmed and adopted arbitration award in favor of our respondent masonry employer client and rejected petitioner’s claims for ongoing medical benefits and temporary total disability benefits following petitioner’s trip and fall accident that resulted in lumbar spine injuries; the Commission relied on respondent’s medical defense expert to deny petitioner’s claims for ongoing medical and off work benefits.
• Illinois Workers’ Compensation Commission affirmed and adopted arbitration award in favor of respondent school district client against claims brought by a teacher’s aide who alleged cervical spine injuries after being pushed by a student that was running in the hallway; the Commission agreed with the arbitrator’s findings that Petitioner’s complaints about being unable to return to work and requiring ongoing medical treatment were not credible, in part due to inconsistencies of her direct and cross-examination.
• Appeared before Iowa Workers’ Compensation Commission pro hac vice to represent truck stop employer client against work injury claims brought by a construction laborer; our attorney argued that the claim was barred under Iowa law since claimant failed to give timely notice of the work-related accident to employer, and the Commission entered award in favor of our client.