Andrea Kott and Joseph Comer Secure Summary Judgment in Construction and Engineering Negligence Case

August 2021

In a recent lawsuit alleging engineering and construction negligence related to a fatality on a roadway, BCS partners Andrea Kott and Joseph Comer secured summary judgment on behalf of a multi-national engineering firm.

Andrea and Joseph represented an engineering firm client that was peripherally involved in the design of the roadway where a limousine crash occurred. There were seven plaintiffs involved in the lawsuit filed in Cook County, Illinois, including the estate of one passenger who died and others who suffered catastrophic injuries as a result of the accident. The case was complex, involving more than 150 depositions by the time Motions for Summary Judgment were heard.

Andrea and Joseph convinced the Court that the actual proximate cause of the crash was the action of the driver of the limousine and was not in any way due to the design of the roadway. Joseph served as one of the lead defense attorneys in the daylong hearing on the Defendants’ Motions for Summary Judgment, in which he argued the issue of legal cause and foreseeability, which was the specific element of causation on which the Court granted summary judgment. In issuing its ruling, the Court cited multiple parts of Joseph’s case analysis and case law presented in defense of the defendant’s position.

As a result, every one of the more than 20 construction, design and engineering defendants were dismissed from the case with prejudice.

Andrea is a seasoned civil litigator with an emphasis on representing healthcare institutions, physicians, nurses and other providers. Clients in the healthcare field and beyond rely on her to aggressively advocate for their most favorable outcome in their highest-risk cases. Over the course of her career, she has saved individuals and institutions hundreds of millions of dollars, as the majority of her cases result in dismissal with no ordered payment.

Joseph concentrates his practice in civil litigation with an emphasis on representing health care institutions, physicians, and nurses. He has particular expertise in cases involving complex and catastrophic losses and appellate litigation. His prior experience also includes municipal liability defense and real estate transactions.