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The Magazine of the Winnebago County Bar Association December 2012 Volume DC Number 12 http://www.wcbarockford.org The Magazine of the Winnebago County Bar Association

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http://www.wcbarockford.org

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The Magazine of the Winnebago County Bar Association

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http://www.wcbarockford.org

The Magazine of the Winnebago County Bar Association

PRESIDENT’S PAGE-DECEMBER 2012 Page 1

BY MICHELLE ROCK"For it is in the giving that we receive."

St. Francis of AssisiThe turkey was stuffed (or was that you after you

ate), the family gathered, and stories were told whichprobably embarrassed you. Even with the embarrassmentit's heartwarming that these family stories have beenpassed on to the next generation and some new memorieswere also made. We were thankful for such greatbounties at Thanksgiving. Some of us might have evenbeen thankful that all of the family has left.

As we move forward to the Christmas season withall of the glorious Christmas lights and music and even thehectic times of baking cookies, decorating the house, andbuying and wrapping presents don't let us forget the mostimportant things. We are all very fortunate to have themany things that we have….family, friends, a job, food,and a roof over our head. Take the time out of your busyschedule to find a way to give to others that may not be asfortunate as you. Sometimes a small thing you do canmean everything in another person's life.The Winnebago County Bar Association has traditionallygiven back in many ways at the holidays such as theWCBA Annual Food Drive - Ham It Up for the Holidays,

giving back that does interest you. Be creative. It's agreat way to spend time with family and friends and showsus what is really important. Find a way to give back toSalvation Army Bell Ringing, and Angel Tree. If you havenot already signed up to participate in one of thesecharitable activities, there is still time. And if one of thesedoes not interest you, find a charity or a way of yourcommunity and help someone that desperately needs yourhelp.

It doesn't matter what you are thankful for...butplease give someone else the chance to be thankful foryour generosity.

I hope that everyone has a very blessed holiday.Michelle R. Rock is the Director of the Illinois Center of Excellence for Behavioral Health and Justice. She is a graduate of Drake University Law School, was admitted to practice law in Illinois in 1993 and is the 2012-2013President of the WinnebagoCounty Bar Association

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Elegant office space available for 1 or 2 lawyers and

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Zimmerman at 815-399-1400.

"Taking Down the Shingle" Sale - Office furniture,

accessories and supplies for sale inc luding; 2 executive

desks, 2 secretarial stations, 2 credenzas , lightly-used

Konica Minolta copy machine w/many features + base

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rack, brass spittoon, various office and cleaning supplies.

This list is only a sample of the many treasures available.

Sale dates: Th ursday, August 25, 11-5; Friday

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WCBA REPORTING Page 4

Being treated unprofessionally?

Have you witnessed

unprofessional behavior?

Seventeenth Circuit Court

Peer Review Council

Hon. Gerald F. Grubb 815-516-2458

Roberta Holzwarth 815-962-7071

Frank Martinez 815-964-7933

Azhar Minhas 815-547-5400

Keith Morse 815-967-5000

Frank Perrecone 815-962-2700

Contact one of the above council members to report

any conduct believed to be in conflict with the

Seventeenth Circuit Court’s Statement of Professional

Aspirations. Reports are con f id e ntial! For more

details, please vis it the Peer Review Council section

on the 17

th

Circuit’s website: www.illinois17th.com.

WCBA BOOK CLUB?Is anyone interested in participating in a Book

Club? My thought is that the group would meet over the

lunch hour at the Bar office. It would be an informal

book club which w ould meet at a regular time over the

noon hour each month with members bringing their own

lunch. The books for discussion would be chosen by the

members and would be chosen at least two months in

advance so that participants would have time to find and

read the book. The members could prepare their ow n

questions or use the internet ( or other places) to find

ques tions. There would no limitation on the type of book,

fiction, non-fiction, best sellers, c lassics, paperback, hard

cover, nook, etc. (Do you believe that a roomful of lawyers

would have trouble conducting a discussion?) Holly has

agreed to let use the Bar office for our meetings. If you

are interested, email Holly. Holly's email address is

[email protected]. At some point Holly will give

us a s pecific time of the month so if there is a noon hour

that does not work for you, let her know. There will be no

officers, minutes, reports, and no one is taking attendance!

If we have enough interest our first meeting will be in

September, 2011. Let her know if you have a suggestion

for the first book.

Barbara Vella, [email protected]

REAL ESTATE CONTRACTSThe Real Estate Contract forms are now available

on the WCBA website . You will need to be a member of

the association and have a login to access them. If you do

not know your login, pleas e c all Holly (815)964-4992 or

email her at [email protected]. Many thanks to

Keith Hyzer and Tom Wartowsk i for working on

providing this additional benefit to our members.

DUES STATEMENTS

HAVE BEEN MAILEDDues statements for 2011-2012 have been mailed to

all current members. Dues are payable by July 1st. Help us

hold down costs and pay with the first notice! If you did not

receive a statement, please call the bar office. 815-964-

4992. Please fill our your committee preference sheet and

return it with your dues.

CLAMBAKE 2011 UPDATES!

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WCBA REPORTING Page 3

Being treated unprofessionally?

Have you witnessed

unprofessional behavior?

Seventeenth Circuit CourtPeer Review Council

Hon. Gerald F. Grubb 815-516-2458

Roberta Holzwarth 815-962-7071

Frank Martinez 815-964-7933

Azhar Minhas 815-547-5400

Keith Morse 815-967-5000

Frank Perrecone 815-962-2700

Contact one of the above council members to report

any conduct believed to be in conflict with the

Seventeenth Circuit Court’s Statement of Professional

Aspirations. Reports are confidential! For more

details, please visit the Peer Review Council section

on the 17

th

Circuit’s website: www.illinois17th.com.

THE LAWYER WANTS YOUR

SUBMISSIONSThe Lawyer is the monthly publication of the WinnebagoCounty Bar Association. This year we are actively seekingsubmissions from the membership of any interesting or amusing articles. Take an interesting trip? Read a goodbook? Have a practice tip to share to share with them e m b e r s h i p ? S u b m i t y o u r a r t i c l e s t [email protected] as a Word or WordPerfectattachment and we will publish your work on a spaceavailable basis. The deadline is the 15th of the month priorto publication. If you have questions, call Holly at 815-964-4992.

UPCOMING BOOK CLUB TITLESJanuary 2nd Why Have Kids? Jessica Valenti

February 6th Marbles Ellen ForneyRead the book, bring your lunch and join the Book

Club for discussion at Noon these dates. Everyone iswelcome!

WCALSThe Winnebago County Association of Legal

Secretaries' monthly dinner meeting will be held Thursday,January 3, 2013, at 6:15 p.m., at the Capri Restaurant, 313E. State St., in Rockford, Illinois. It will be a pizza andpasta buffet at a price of $14.25 per person. Your check isyour reservation confirmation. Reservation deadline is December 20, 2012. The program speaker will be AttorneyIasparro. Hostesses: Lee Larys and Nichole Waters. Anyquestions, please call Nichole at 815-969-4332. Membersand guests to send checks to Nichole Waters c/o Hinshaw& Culbertson LLP, 100 Park Ave., Rockford, IL 61101.

This February the WCBA will be holding the SecondAnnual President's Ball, at the Rockford Country Club. Theevening of dinner and dancing will be held February 8, 2013,

beginning at 6 p.m. The Sensations will provide theentertainment after dinner!

The Winnebago County Bar Foundation is fundedentirely by donations in the form of a dues check off bymembers of the WCBA . The silent auction portion of thedinner dance is an opportunity to support the mission of theFoundation and end up with one or more of the fabulousauction items! We are still adding items, but already haveconfirmed several, including a 12-person suite at the BradleyCenter for the Milwaukee Admirals v. Rockford IceHogs, onApril 13, 2013, courtesy of Reinhart Boerner Van DeurenP.C.! If you have any items you'd like to donate pleasecontact Holly Nash, or Nick Meyer.

We are hoping to see each of you on Feb. 8!Tables can be purchased, as well as single tickets. Pricesand menus will be available shortly after the first of theyear. Please save the date!

COURTHOUSE ACCESS PASSESWhen you receive your 2013 ARDC card, stop in the

bar office for your new access pass to the attorney entranceat the courthouse. The cost is $25.00. The courthousesecurity will honor your 2012 pass until January 31, 2013.

Save the Date!

WCBA Dinner Dance

February 8, 2013

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SUPREME & APPELLATE COURT REVIEW Page 5

CIVILDixon v. Weitekamp-Diller, 2012 IL App (4th)

120209In Dixon v. Weitekamp-Diller, the Fourth

Appellate District of Illinois held that adult children cannotbe adopted for the sole purpose of manipulating trustlanguage for a more advantageous distribution.

William Hughes Diller ("Hughes") was a bachelorfor the first 87 years of his life without children. Hugheswas a beneficiary under trusts established by hisgrandparents, which held thousands of acres of Illinoisfarmland. Hughes served as trustee for some of thesetrusts and had the power to purchase adjacent acreage inhis name for the benefit of those trusts. At some point,Hughes purchased 63 acres of adjacent farmland, whichhe held in his name for the benefit of the trusts. The Illinoisfarmland was maintained and managed by the HeartlandAg Group. Each of the trusts provided that Hughes' sharewas payable to his descendants.

Barbara Weitekamp served as Hughes'housekeeper, bookkeeper, and had a power of attorney forhis affairs. Weitekamp had Hughes' long-time attorneyfired after he began questioning the relationship betweenthe two. After Weitekamp's husband died and Hughessuffered a series of injuries, Weitekamp and Hughesmarried. Weitekamp then moved Hughes to an assistedcare facility in Florida, and delegated her power of attorneyfor Hughes to her daughter, Judith, who could act inWeitekamp's absence. Judith then moved to Florida andwas paid $2,000 a month to care for Hughes.

In 2010, Heartland Ag Group alerted Hughes'other relatives of Weitekamp's actions. Weitekamp workedactively to thwart any attempts to communicate or visitwith Hughes, and had Heartland Ag Group removed asmanager of the Illinois farmland. Following the visitationattempts by Hughes' other relatives, Weitekamp's attorneyfiled adoption papers on behalf of Hughes to adopt Judith,who was 55 years old at the time and was a grandmotherherself. In 2011, Weitekamp's attorney filed additionaladoption papers for Weitekamp's three other children. TheFlorida court approved all four adoptions. Hughes died twomonths later.

Hughes' other relatives and beneficiaries under thetrusts filed suit to appoint a successor trustee and for adeclaratory judgment to bar Weitekamp's children fromtaking as descendants of Hughes under the trusts.

The Court barred the Weitekamp children fromtaking as Hughes' descendants. Despite Illinois's statuteidentifying adopted children as valid descendants for thepurposes of inheritance, the Court recognized a subterfugeexception to the Probate Act: adult adoptions implemented

for the purpose of thwarting the terms of a trust would notbe recognized by the Court. Though adult adoptions can berecognized as valid for the purposes of inheritance, theywill not be recognized where a court finds that asubterfuge is involved. In this case, the Court found thatWeitekamp had engineered her children's adoption in orderto manipulate Hughes' trusts to ensure a larger distributionto her family. In so holding, the Court found that thesubterfuge exception had survived the legislature'samendment of the Probate Act because the legislature wasacutely aware of the existence of the exception.

The appellate court affirmed the decision of thecircuit court.

Lamm v. McRaith, 2012 IL App (1st) 112123

In Lamm v. McRaith, the Illinois 1st DistrictAppellate Court reversed the revocation of an Illinoisinsurance producer's license because the IllinoisDepartment of Financial and Professional Regulation(IDFPR) failed to provide the producer due process priorto revoking his license.

Craig Lamm founded and operated MagnumInsurance Agency in 1981, after becoming licensed as aninsurance producer in 1977. Lamm operated his businesswithout incidence until 2007. In that year, Lamm pleadguilty to underreporting his taxable income to the federalgovernment by $76,020. Lamm was sentenced to 30 days'imprisonment and a hefty fine. In December of 2007,Lamm's attorney filed an application for renewal ofLamm's insurance producer's license, which disclosedLamm's conviction. Lamm's attorney also notified theIDFPR of Lamm's conviction in a January 2008 letter tothe IDFPR.

In September 2008, the IDFPR issued an orderrevoking Lamm's license for failure to report his convictionwithin 30 days of its entrance. In response, Lammrequested, and was granted, a hearing to challenge therevocation. During the hearing, the IDFPR presentedevidence of the conviction and the judgment enteredagainst him. Lamm presented evidence of the amendmentof the judgment as well as evidence on the very positiveimpact that Lamm had on the Hispanic community in theChicago area. Due to Lamm's insurance agency, moreHispanics were employable.

The administrative law judge affirmed therevocation of Lamm's license, finding that there was adelay in Lamm's reporting of the judgment and that Lammhad failed to present evidence regarding his failure to bringthe amendment of the judgment to the court's attention ina timely fashion. The Director of the IDFPR then adoptedthe administrative law judge's findings, which Lamm

SUPREME & APPELLATE COURT REVIEW Page 6

appealed, but which were affirmed by the IDFPR. Lamm then filed for administrative review in Illinois

circuit court, arguing that the IDFPR had ignored evidence inthe record for a more lenient sanction. The circuit courtreversed the decision of the IDFPR, finding that there was a"cloudy impression of the evidence" and remanded the case foranother administrative hearing.

The IDFPR then entered new findings and conclusionsof law without taking additional evidence or holding a hearing,which the Director adopted. Lamm again appealed to the circuitcourt, which upheld the Director's adoption and sustained theIDFPR's findings. Upon further appeal, Lamm alleged that hisright to due process had been violated by failing to hold anadditional hearing on remand.

The Court held that Lamm was entitled to an additionaladministrative hearing because the "cloudy impression of theevidence" remained in the record. Without an additional hearingto clarify the evidentiary record, Lamm could not receive dueprocess. Given the nature of the penalty in this case, revocationof the plaintiff's livelihood, due process required an additionalhearing to ensure that no unjust deprivation occurred.

The appellate court reversed the circuit court andremanded for a hearing and reconsideration of Lamm'spunishment.Marc C. Gravino is apartner in the law firm of WilliamsMcCarthy LLP. A graduateof the University of Wisconsin-Madison School of Law, he was admitted to the practiceof law in Illinois in 1988.

Daniel A. Huntleyis an associate with the firm of WilliamsMcCarthy LLP. A graduate of Indiana University Mercer School of Law, he was admitted to the practice of law in Illinois in 2012.

17th CIRCUIT MENTORINGPROGRAM-MENTOR

OPPORTUNITIES FOR 2013Chief Judge Joseph G. McGraw

Having been awarded an ABA E. SmytheGambrell Award for our collaborative efforts toenhance professionalism in our legal community, I ampleased to continue our circuit-wide mentoringprogram for a new group of recently licensedattorneys. A mentoring program orientation meetingfor new admitees is expected to take place in January2013. This will mark the start of a fifth continuousyear of program administration through the continuedsupport of the bar associations.

At the orientation meeting, each mentoringpair will be given a structured guidebook andmentoring plan to facilitate their relationship. The timecommitment is a minimum of eight face-to-facemeetings between mentoring and new lawyer over thecourse of one year. For successful completion of thementoring relationship, both the new lawyer and thementor qualify for 6 hours of MCLE credit in the areaof professional responsibility (ILSC Rule 795(d)(12)).

Anyone who may be interested in acting as amentor to a newly licensed attorney is encouraged top l e a s e c o n t a c t T h o m a s J a k e w a y a [email protected] or 815-319-4830. Thank youfor your consideration.

10 Hour GAL Training for new

and experienced GAL’s in Family Court.

February 11, 2013-11:00 a.m. to5:00 p.m. and

February 18, 2013-11:00 a.m. to5:00 p.m.

Both sessions will be held at

Giovanni’s and include lunch.

WCBA Members $100.00 for eachsession. Non members $150.00,

each session. Register atwww.wcbarockford.org

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GRATITUDE & ATTITUDE Page 8

BY STEVE BALOGHIn basic training, we ninety or so young men were

awakened the same way, every day, for 14 weeks. Theritual always began at 0530 when the lights of thesquad-bay illuminated, a drill instructor threw a galvanizedsteel waste can down the center aisle, and that same D.I.yelled, in his strongest command voice, that we should allget out of our beds and come to the position of attention,two at the foot of each rack (bunk bed) facing inboard(toward the center of the room). I am paraphrasing, by theway.

Once we were properly aligned, standing ramrodstraight in our skivvies, (remember, we're talking youngmen, first thing in the morning, so we were at attention inevery respect) the D.I. would inquire, "How are we thismorning, maggots?" To which we simultaneouslyresponded, in our strongest command voices, "Sir, anothergrand and glorious day in service of God, country andCorps, where every day's a holiday and every meal's afeast. Oooooorah!"

I absolutely guarantee, or your misery refunded, ifyou start the day in such a manner, your attitude andoutlook on life will be positive. That is exactly the point;attitude is everything. A so-called attitude of gratitudewill make your day, nay, your life, better. And it isinfectious. A positive approach, appreciating the littlethings as well as the big picture, can be spread just aseasily as the negativity induced by the bunghole who,clutching about forty items and using coupons whilemaking correct change from a coin purse, is in the expresslane in front of you.About ten years ago, a study was published in The Journalof Personality and Social Psychology. The study dividedparticipants into three groups. The participants in the firstgroup were asked to start each day by writing down fivethings for which they were grateful. The participants ingroup two were directed to write down five "daily hassles"observed in the prior week. Finally, the control group wasasked, without mention of positive or negative, to starteach day by writing down five things that had happened tothem.Typical entries for the gratitude group included "sunsets,""the generosity of friends," and "another day." For thegrouches, "burned my breakfast," "had to pay taxes," and"got cut off in traffic," were more likely examples. Afteronly three weeks, the folks in the gratitude group wereempirically happier than the people in either the controlgroup or the grumps. Not only did they have a morepositive outlook about their futures, they were moregenerous and giving of their time and had fewer physicalcomplaints like headaches, soreness or being tired.

The thing about being more generous and givingwas unexpected and threw the researchers. After all, it isone thing to have a positive attitude, it is entirely another

to start doing things for other people. The originalhypothesis for this increased generosity was that whenpeople feel good about themselves, they start to believethat they are better off than others. If the theory wascorrect, then, people would do things for others either outof pity or to reinforce this feeling of quasi-superiority.However, during debriefing, the gratitude group was askedabout why they were doing nice things for other peopleand the typical answer was "because it makes me feelbetter." There was no thought of reward, a plaque, or evena thank you. Rather, the participants intuitivelyunderstood that when their attitudes were good, they feltbetter and that helping others made them feel better still. Put into clichéd psycho-babble, in order to keep it, you'vegot to give it away.

The Professionalism Project of the Circuit Courtfor the 17th Judicial Circuit, was recently recognized withthe ABA's E. Smythe Gambrell Award (just saying thename of the award makes me smile). The local bar, led byJustice Kathryn Zenoff, Judge Janet Holmgren, MichelleRock and a host of volunteers set about trying to have uscollectively start off every day grateful for the opportunityto serve others. With that attitude, we start to treat eachother with kindness, respect, honesty and fairness. Welearn that we are better, stronger advocates, when wecooperate rather than complicate. When we treat othersprofessionally, and kindly, we feel better about life, ourlivelihood and ourselves.

Before jumping into random acts of kindness, trypracticing a little gratitude. For example, instead of tellingyour assistant that you "have to go to court," try, "I get togo to court." This simple act will lead you to realize thatyou have a job for which you are generously compensated. Next thing you know, you might notice that opposingcounsel is just doing her job, maybe even doing it well,and you will be kinder to her. There being an equal andopposite reaction to every action, she might start beingkinder to you and to others.

Another grand and glorious day in service of God,country and bar…Ooooorah!

Steve Balogh was the 101st President of the WinnebagoCounty Bar Association and gets to practice lawWillamsMcCarthyLLP.with

FROM THE BENCH Page 9

BY HON. EUGENE DOHERTYThe "Motion to Win"

There is no doubt that, in our adversarial systemof justice, the participants have one primary objective: towin. They want to win the relief they brought suit toobtain, or to win by defeating a claim they believe isunwarranted.Attorneys will likely be unsurprised that, from time totime, judges have been presented with motions from pro selitigants which seek to accelerate their desired outcome. The pro se will file a motion simply asking the judge to cutto the chase and rule in their favor. Some judges havetaken to calling these "Motions to Win."

While it is not surprising that pro se litigantsmight fall prey to this trap, it is surprising that sometimeslawyers will find themselves making a similar mistake. Sometimes motions may be filed which fail to alert thejudge to the legal basis claimed for the relief being sought. Is it a motion for summary judgment? Is it a motion todismiss, and if so is it under Section 2-615 or Section2-619? The analysis to apply to the motion may changeentirely depending on the nature of the motion.

For more than 20 years, our Circuit has had a localrule which requires that the "title of each motion shallindicate the relief sought and, if applicable, section of theCode of Civil Procedure, Supreme Court Rule, or LocalRule relied upon." (Local Rule 10.01, version effectiveOctober 1991.) Despite the rule, the occasional "motionto win" still finds its way into court.

Consequently, the 17th Circuit has amended Rule10.01 to make its requirements even clearer. The title ofeach motion must now clearly indicate the relief sought(e.g., motion to dismiss, motion for summary judgment,etc.). Furthermore, either the title or the introductoryparagraph must specify the basis of authority for the reliefrequested (e.g., Section 2-615, 2-1005, etc.). Theamended rule now explicitly permits the Court to strikeany motion which fails to comply with these requirements. The full text of the rule is available atwww.illlinois17th.com.It is also important to understand how Local Rule 10.01dovetails with Section 2-619.1 of the Illinois Code of CivilProcedure. Section 2-619.1 allows various types ofpleading motions to be combined into one document, butit also clearly requires each such motion to be set forthseparately from the others within that document. In otherwords, in a motion combining a Section 2-615 motion witha Section 2-619 motion, there must be separate sectionssetting for the basis for each type of motion.

Winning is still likely to be the ultimate objectivefor most litigants. Those acting in compliance with theforegoing requirements will find that outcome to be moreeasily attained.

Join the WCBA for the President’s Ball

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VERDICT REPORT Page 10

Case No. & County: 2007 L 28, Whiteside CountyJudge: John HauptmanDate(s) of Trial: November 13-20, 2012Plaintiffs' Attorney: M. Tod Melton and Anne Stevens, Ludens Potter, Melton & CalvoDefendants' Attorney: William W. Ranard and Carrie Lynn Vine, Cassiday Schade LLPWhat happened:Plaintiff, a 48 year old female, presented to defendant cardiologist in March 2004 and was diagnosed with complete heartblock. Defendant placed a dual chamber pacemaker and prescribed a low dose of beta blockers to treat arrhythmia. In May2005 plaintiff was diagnosed with congestive heart failure. Plaintiff alleged that the defendant failed to diagnose and treatcardiomyopathy in 2004, which allowed the patient's condition to progress to congestive heart failure and ultimately causedher death. Plaintiff alleged that defendant should have prescribed ACE inhibitors and higher doses of beta blockers in 2004. Defendant denied that the patient presented with cardiomyopathy in March 2004 and denied that any additional medicationwould have changed the patient's outcome. Jury deliberated approximately 2 ½ hours.Plaintiffs' Experts: Dr. Thomas DiSalvo, Heart Failure Specialist; Dr. Peter Ott, ElectrophysiologistDefendants' Experts: Dr. Carl Tommaso, Cardiology; Dr. Jose Mendez, Heart Failure Specialist; Dr. Rod Passman,ElectrophysiologistFinal Offer: NoneAsked of Jury: No specific amount givenVerdict: Not Guilty

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Case Name & Number: Renée Buhl v. Rockford School District No. 205 and ADV Enterprises, LLC ,Winnebago CountyCase No. 11 L 89Trial Dates: December 3-5, 2012Judge: Eugene DohertyPlaintiff’s Counsel: Jan H. Ohlander and Ryan Straw, Reno & Zahm LLPDefense Counsel: James P. Devine (for ADV Enterprises), WilliamsMcCarthy LLPFacts: On July 7, 2010, plaintiff was injured when she stepped in a concealed hole while walking her dog at Marsh School. The hole was approximately one foot in diameter and 20 inches deep, but was completely concealed by overgrown grass. It was plaintiff’s theory that ADV, the lawn mowing contractor, was obligated under the terms of its contract to report thehole to the School District, and that ADV was actually aware of the hole at some time prior to the fall, but did not report it. ADV denied that it had either knowledge of the hole or the contractual obligation to report the existence of the hole.

The plaintiff suffered a badly dislocated left elbow and introduced evidence that she would require arthroscopicsurgery and potentially elbow replacement in the future as a result of permanent, post-traumatic arthritis.

Plaintiff introduced past medical bills of approximately $15,000, cost of future arthroscopic surgery (which herphysician testified was 100% certain) of approximately $26,000, and the remote (5%-10%) chance of elbow replacement ata cost of $70,000. Plaintiff’s Experts: Plaintiff presented testimony from Dr. Mark Carlson, the orthopedic surgeon who treated the plaintiff andwho testified that the plaintiff suffered permanent injuries and would require future surgery. Defendant’s Experts: None.Negotiations: The last demand prior to trial was $95,000, jointly to the School District and ADV. The School District settleda few days before trial for $50,000. ADV’s last offer was $5,000.Asked of Jury: $300,000-$400,000Verdict: The jury returned a verdict for the defendant.

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For Sale: 2005 Chevy Equinox AWD loaded. 103,000miles. Tow package leather interior, 6 disk changer,heated seats, sun roof, $9,800.00. Call Becki 217-622-6078.

Office Space Available: 1,360 square feet convenientlylocated in the historic William Brown Building at 226 SouthMain Street. The space features hardwood floors,exposed brick, conference room with kitchenette, 200AMP service, and T1 line is available. Contact LindaC o o p e r a t 8 1 5 - 9 6 3 - 7 4 7 3 o r e m a i [email protected]

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For Sale: Office Condo for up to four attorneys at OneCourt Place. Reasonably priced. Call 815-962-3426.

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Commitment to InnovationMetropolitan Title Agency is a locally owned, full service title and escrow company. We are committed to our clients, to our community and to finding innovative solutions in challenging times.

Our team is dedicated to providing our clients with the best products, proactive resolution of issues and superior customer service. In recent years, we have added a department specializing in real estate owned by lenders and a department specializing in short sales. Our goal is to make the closing process as smooth and “normal” as possible by working out any issues prior to closing.

Our team is well educated, experienced and caring. We never stop looking for ways to improve and find solutions for our clients.

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Prsrt StdU.S. Postage

P A I DRockford, ILPermit No 14

WCBAWINNEBAGO COUNTY BAR ASSOCIATION

321 West State Street, Suite 300Rockford, Illinois 61101

Commitment to InnovationMetropolitan Title Agency is a locally owned, full service title and escrow company. We are committed to our clients, to our community and to finding innovative solutions in challenging times.

Our team is dedicated to providing our clients with the best products, proactive resolution of issues and superior customer service. In recent years, we have added a department specializing in real estate owned by lenders and a department specializing in short sales. Our goal is to make the closing process as smooth and “normal” as possible by working out any issues prior to closing.

Our team is well educated, experienced and caring. We never stop looking for ways to improve and find solutions for our clients.

Please let us know how we can assist you with your nextreal estate transaction.

Metropolitan Title Agency6277 East Riverside Blvd • Rockford, IL 61114 • 815.394.3200

www.MTARockford.comMetropolitanTitle Agency