Robert Montgomery, a Chicago lawyer, along with Clifford Law Offices of Chicago as co-counsel, obtained a $2 million verdict for a man who fell and tore his rotator cuff four years ago at a Schereville, Indiana restaurant.
Following a three-day trial, the five-woman-one-man jury decided late yesterday (Aug. 24, 2016) the severe injuries were worth $2 million less 30 percent for the comparative fault on the part of the plaintiff, Richard Liska, 51, of Berwyn.
Liska fell inside the Don Pedro Restaurant on grease that Montgomery argued seeped in from a storage area. Initially, Liska thought he was not hurt and did not report his fall to the restaurant, so no incident report or photographs existed. There were no witnesses.
The following day, Liska went to the emergency room and was diagnosed with a torn rotator cuff. His injuries worsened and he ultimately required two surgeries.
The restaurant first learned 18 months later of his claim when they were served with the complaint. Liability was hotly contested and the restaurant argued that cooking oil and grease never was kept near where the fall occurred.
"Mr. Liska's injuries were avoidable had the restaurant had policies and procedures to train its employees to inspect, warn and clean its premises," Montgomery said following the verdict. "This verdict stands for the proposition that commercial properties have a duty to keep their premises safe and protect the public when customers enter and use the facility."
Judge John Pera heard the case in Crown Point, Indiana.
For further information, contact attorney Robert Montgomery at 219-218-7222 or Clifford Law Offices' Communications Partner Pamela Sakowicz Menaker at 847-721-0909.