News & Events

Missouri Attorneys Win Summary Judgment in US District Court

Litchfield Cavo attorneys Kevin P. Clark and Ben W. Hohenstein prevailed on a summary judgment motion in the US District Court for the Central District of Illinois. In this case, our client faced claims of alleged strict liability, negligence, res ipsa loquitur and loss of consortium. Plaintiff Carrie Harper claimed she suffered injuries to her esophagus from a caustic chemical in a beverage served by our client, a major restaurant operation company. Following the incident, the plaintiff incurred more than $270,000 in medical bills after undergoing multiple surgeries. A life care planner also testified that the plaintiffs’ economic damages from the incident would be between $3.7 and $4.8 million.

Kevin P. Clark was able to successfully argue that the plaintiffs only had circumstantial evidence to support their case due in part to the research Ben Hohenstein provided. Kevin pointed the Court to evidence which was inconsistent with the plaintiffs’ circumstantial evidence. The Court found this evidence provided other potential causes, which were equally likely and inconsistent with the plaintiffs’ inference. Therefore, pursuant to Illinois law, the Honorable US District Judge Colin Stirling Bruce found the plaintiffs unable to recover as a matter of law and granted summary judgment in favor of our client.

To view court order of the US District Court for the Central District of Illinois, please click here.