Michael D. Carter, Jr.

Appellate and Supreme Court Arguments

NOTE: MOST SETTLED CASES INCLUDE A CONFIDENTIALITY CLAUSE FORBIDDING THE PUBLICATION OF THE DETAILS OF THE CASE. MICHAEL HAS PERSONALLY SETTLED INDIVIDUAL CASES IN EXCESS OF $5,000,000 IN CONFIDENTIAL SETTLEMENTS

• People v. Teryck Taylor, 2011 IL 110067 (2011) (Brief of Illinois Trial Lawyers Association, amicus curiae)
• Smith v. Hartz Construction Company, (2011) Seven Figure Settlement for Construction Worker who Tripped on Foundation Bolt Suffering Shoulder and Cervical Spine
• Haney v. Walsh Construction Co., (2011) $1,000,000 Fresh Settlement with $400,000 WC Lien Waiver for Ironworker who Suffered Shoulder Injury but Returned to Medium Heavy Duty Work
• People v. Wooley, (2011) Directed verdict of Not Guilty in an Assault Case Wrongly Brought and Wrongly Prosecuted
• Tyler v. Hunter Towing, JURY VERDICT (2011) $200,000 for Motorist Who Drove Into the Side of a Tow Truck Suffering a Subdural Hematoma
• Davis v. Material Handling Associates Inc., 401 Ill.App.3d 1085 (2010) The trial court seriously misapprehended existing law and granted defendant’s motion for summary judgment because plaintiff could not disprove all other possible causes. One part of the product, a rubber hydraulic hose, was conveniently “lost” after the injury. The Appellate court correctly ruled that a plaintiff in a product liability suit need not disprove all other causes to prevail in a missing product liability case. The Appellate Court Outlined the Use of Expert Affidavits in Defeating Defendant’s Motions for Summary Judgment
• Krywin v. Chicago Transit Authority, 938 N.E.2d 440 (2010) (Brief of Illinois Trial Lawyers Association, amicus curiae) Unsuccessfully Attempted to get the Illinois Supreme Court to Recognize that the Adoption of Restatement Section 363 Abolished the Judicially Created “natural accumulation rule”. Two Justices Dissented Demonstrating Understanding of the Issue.
• Tews v. Deerfield Construction Company, Inc., JURY VERDICT (2010) ($1,000,064. Verdict in Automobile Collision Case with Unoperated Herniated Disc) Case tried with Michael T. Wierzbicki
• Addison Ins. Co. v. Fay, 905 N.E.2d 747 (2009) (Drafted the Petition for Leave to Appeal which was Granted by the Illinois Supreme Court)
• Westchester Surplus Lines Ins Co. v. Stonitsch Const., Inc., 572 F. Supp. 2d 946 (N.D. Ill. 2008)
• Applebaum v. Rush University Medical Center, 2008 WL 568694 (2008) (Brief of Illinois Trial Lawyers Association, amicus curiae)
• Lilly v. Evans, 2007 WL 4293163 (S.D. Ill 2007)
• Burt v. City of Chicago, (2007) Appellate Court Upheld Jury Verdict in Favor of Elderly Lady who Tripped on Unsafe Curb Ramp.
• Fowler v. HQ ENTERPRISES INC., JURY VERDICT (2006) Over $450,000 for Mother who Tripped on Unsafe Amusement Ride Suffering Knee Injury
• Clark v. Experian Information Solutions, Inc., 2006 WL 2224049 (N.D. Ill 2006)
• Crawford v. Talk America, Inc., 2005 WL 4125266 (2005)
• Skrzypczak v. Bauer, 03 L 23225 (2005) VERDICT $16,000,000
• Nettles v. Haldorson, 2004 WL 3322534 JURY VERDICT (2004)
• Fischer v. Senior Living Properties, L.L.C., 329 Ill.App.3d 551 (2002) The Appellate Court Reversed the Trial Court’s Dismissal. The attorney handling the trial matter failed to obtain a Judge’s signature or stamp on an Order allowing the filing of the proposed amended complaint prior to the expiration of the statute of limitations. I drafted and argued the appeal and the Appellate Court reinstated the case finding, correctly, that the plaintiff’s counsel had done all he could do and could not be held responsible for getting the judge’s signature on the Order before the statute of limitations ran.
• Carter v. Meek, 322 Ill.App.3d (2001) Appellate Court granted Attorney’s Freedom of Information Act request