Biography

Edward J. Murphy is a partner of Williams Montgomery & John Ltd. and a member of the firm’s product liability, aviation, insurance coverage, commercial litigation and class action practice groups. He focuses his practice on product liability, aviation, insurance coverage/bad faith, fire losses and class action litigation. Mr. Murphy is “AV Preeminent” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Murphy has been selected by his peers for inclusion in Illinois Leading Lawyers (2008-2011 editions) and Illinois Super Lawyers (2010 and 2011 editions) for product liability.

Mr. Murphy has more than 30 years of jury trial experience and has represented clients in hundreds of cases in state and federal courts throughout the United States. He has tried more than 35 jury trials to verdict. Mr. Murphy has represented corporate clients across a range of industries, including Avco Corporation, Bell Helicopter, Stanley-Black & Decker, Lycoming Engines, Textron, Inc., Fisher-Price, Mattel, Archer Daniels Midland, Triad Controls, LaBodega Ltd., Geico Insurance Company and Global Indemnity Insurance Company.

In the product liability area, he has defended manufacturers and distributors in personal injury and wrongful death claims involving aircraft engines, industrial and consumer power saws, toys, children’s products, earth moving equipment, tractors, farm implements, forklift trucks, power presses and grass mowing equipment. He currently represents Lycoming Engines and Textron in a class action product liability lawsuit seeking more than $60 million in damages for the alleged defects in 5,000 reciprocating aircraft engines.

Mr. Murphy has particular experience in wrongful death, personal injury and property damage litigation arising from fires and explosions. He has represented building owners, product manufacturers, installers of automatic fire protection systems and security companies in lawsuits related to a residential propane gas explosion on a Potawatomi Indian reservation, a fire in a high-rise office building in downtown Chicago, a fire at the Arlington Park Racetrack, and fires and explosions at many other industrial and warehouse properties.

Mr. Murphy also has represented numerous defendants, including Archer Daniels Midland and TruGreen ChemLawn, in wrongful death and personal injury litigation arising from vehicular traffic accidents.

Education/Bar Admissions

Mr. Murphy received a B.S. in mechanical and aerospace engineering in 1969 from the Illinois Institute of Technology. He received his J.D., with honors in 1980 from DePaul University College of Law.

Mr. Murphy was admitted to the Illinois bar in 1980 and also has been admitted to the following trial and appellate courts:

• U.S. District Court, Northern District of Illinois (including the trial bar)
• U.S. District Court, Southern District of Illinois
• U.S. District Court, Central District of Illinois
• U.S. Court of Appeals, Seventh Circuit
• Tribal Court, Prairie Band of the Potawatomi Nation

In addition, Mr. Murphy has been admitted pro hac vice in 14 states.

Professional Activities

Mr. Murphy is active in various professional and civic organizations, including:

• Chicago Bar Association
• Illinois State Bar Association
• Defense Research Institute, Product Liability Committee
• Federalist Society
• International Society of Primerus Law Firms (Primerus Defense Institute)

Representative Cases

Product Liability

Estate of Smith v. Midco, Circuit Court of Shelby County, Ill.: Achieved verdict for defendant Midco Sales & Service Co. in product liability lawsuit involving the alleged wrongful death of a 38-year-old woman operating a dual-tractor earth scraper.

Stone v. Clarklift of Chicago North, Inc., Circuit Court of Cook County, Ill.: Achieved verdict for defendant Clarklift of Chicago North in product liability lawsuit involving a forklift distributed and maintained by the client. Verdict was reversed on appeal and remanded for new trial, which resulted in another verdict for defendant.

Rogers v. Material Handling Services, et al., Circuit Court of Lee County, Ill.: Obtained summary judgment on behalf of defendant Material Handling Services in wrongful death lawsuit. The estate of the forklift driver alleged negligence for failure to notify plaintiff’s employer, the owner of the forklift, of the availability of a universal safety seat developed 20 years after original sale of the forklift. Plaintiff claimed that the defendant had assumed a post-sale duty to warn/retrofit. Defendant’s motion for summary judgment was granted and affirmed on appeal. Rogers v. Clark Equipment Company, 318 Ill.App.3d 1128, 744 N.E.2d 364 (2nd Dist. 2001).

Sedler v. Hobart Corporation, U.S. District Court, District of Maryland: Obtained summary judgment on behalf of defendant Hobart Corporation in product liability lawsuit. The plaintiff, a meat cutter, sustained finger amputations while operating a Hobart commercial meat saw and sought compensatory and punitive damages for alleged product design defect. Defendant moved for summary judgment on the basis that the plaintiff could not prove a causal relationship between his injury and the alleged product design defect – a saw blade inclined at 15 degrees from the vertical. Plaintiff did not appeal the decision.

Foley v. Louis Vacarella and White Metal Rolling & Stamping Corp., Circuit Court of Cook County, Ill.: Achieved verdict for defendant Louis Vacarella in a product liability lawsuit brought by a plaintiff for injuries sustained when he fell from an allegedly defective magnesium ladder.

Class Actions

Waypoint Aviation Services, Inc., et al. v. Lycoming Engines, a Division of Avco Corporation and Textron, Inc., Circuit Court of Cook County, Ill.: Currently represent defendants Lycoming Engines and Textron in class action lawsuit brought on behalf of a putative nationwide class and 13 named plaintiffs seeking more than $60 million in damages. Plaintiffs allege that 5,000 reciprocating aircraft engines manufactured and sold by the defendants contain defective crankshafts. Plaintiffs’ lawsuit is based upon claims of breach of warranty, consumer fraud, common law fraud, strict liability and negligence. A motion for class certification was briefed and argued to the court in 2010 based upon the plaintiffs’ third amended complaint. The court required additional briefing on the motion with respect to choice of law issues. New plaintiffs’ counsel then filed a fourth amended complaint based upon claims of consumer fraud, which currently is pending.

Western Railway Devices Corporation v. Addison Precision Products, Inc., Circuit Court of Cook County, Ill.: Settled putative class action on behalf of defendant in lawsuit alleging violation of the Federal Telephone Consumer Protection Act and the Illinois Consumer Fraud Act, as well as common law conversion. Plaintiff claimed that the defendant transmitted a large number of unsolicited advertising faxes to class members over a four-year period. The federal statute on which the case was based provides for $500 in damages for each unsolicited fax. Case settled on an individual basis before presentation of motion for class certification.

Tatania Garrett v. Sawbill Properties, Inc. and ICM Properties, Inc., Circuit Court of Cook County, Ill.: Obtained dismissal of consumer fraud and ordinance violation claims in a putative class action brought against the owners and managers of more than 2,000 residential rental units in the City of Chicago. Plaintiff alleged that defendants’ practice of charging tenants an “administrative fee” at the commencement of the lease period was in violation of the Chicago Residential Landlord Tenant Ordinance related to security deposits and payment of interest by landlords that hold such deposits. The remaining class action claims alleging failure to properly maintain the rental properties was settled on an individual basis prior to presentation of motion for class certification.

Insurance Coverage

Hartford Insurance Company v. LaBodega Ltd., et al., Circuit Court of Cook County, Ill.: Won bench trial decision for defendants LaBodega, a wholesale grocery company, and one of its employees in a declaratory judgment/insurance coverage lawsuit brought by its insurer. The court held that Hartford was obligated to defend and indemnify the defendants for a wrongful death claim up to the $2.5 million policy limits of two Hartford policies. Hartford had refused to defend the wrongful death case and sought a declaration that it owed no coverage to LaBodega or its employee.

Wrongful Death/Personal Injury – Vehicular Traffic

Estate of Phillipart v. Archer Daniels Midland, Circuit Court of Sangamon County, Ill.: Won reversal of $550,000 verdict entered against client Archer Daniels Midland Company in wrongful death/personal injury lawsuit. Plaintiff was the estate of an 18-year-old French foreign exchange student who survived in a coma for 1 ½ years after a vehicular traffic accident. Verdict for plaintiff reversed by Illinois Supreme Court with judgment entered for defendant without remand. First Springfield Bank & Trust v. Galmon, 188 Ill.2d 252, 720 N.E.2d 1068 (1999).

Meckley v. TruGreen ChemLawn, Circuit Court of Duvall County, Fla.: Favorably resolved personal injury lawsuit against client TruGreen ChemLawn, which admitted negligence in a vehicular traffic accident. Plaintiff claimed past and future economic damages in excess of $500,000, present cash value. Jury awarded plaintiff $5,000, finding that plaintiff’s injuries were not permanent, precluding any award for general damages under Florida law.

Renee Heiderman and Joseph Heiderman v. Mark Peppin, Circuit Court of Cook County, Ill.: Represented defendant in personal injury lawsuit involving vehicular traffic accident. Defendant admitted negligence and offered $70,000 settlement three years prior to trial. Jury awarded $67,912 to plaintiffs.

Estate of Mary Wade, Deceased, and J.W. Wade v. Kevin Coleman, Circuit Court of Cook County, Ill.: Represented defendant Kevin Coleman in vehicular traffic accident lawsuit alleging wrongful death of single mother of three children, Mary Wade, who was a passenger in a vehicle driven by the other plaintiff, J.W. Wade, who also brought his own claim for personal injury. The jury rendered a verdict for the defendant on J.W. Wade’s claim and awarded $178,493 to the Estate of Mary Wade.

Wrongful Death/Personal Injury/Property Damage – Fires/Explosions

Barber v. Kansas Propane of Topeka, Inc., et al., Tribal District Court of the Potawatomi Nation, Mayetta, Kan.: Defended Kansas Propane of Topeka, a retail distributor of liquefied petroleum gas, in a product liability lawsuit brought by plaintiffs who were seriously burned in a residential propane gas explosion on the Potawatomi reservation. The lawsuit sought special, general and punitive damages based on theories of negligence, strict liability and breach of implied warranty, and involved significant choice of law issues. Case settled at mediation.

Estate of Lichaw, et al. v. 69 West Washington Management Company LLC, et al., Circuit Court of Cook County, Ill.: Defended Aargus Security Systems and BGK Security Services in six wrongful death and 16 personal injury lawsuits (consolidated for discovery) arising from an office building fire that occurred on a Friday afternoon in a high-rise building in downtown Chicago. Multiple governmental investigations followed, including one by an ad hoc commission appointed by the Cook County Board that conducted public hearings. In all, 22 lawsuits were filed against the security companies, the building management company, several contractors, the City of Chicago and Cook County, Ill. More than 200 depositions were taken. Cases settled on the eve of trial.

ChemRep, et al. v. Dickinson Associates, et al., Circuit Court of Cook County, Ill.: Defended Dickinson Associates, owner of a warehouse that caught fire, in 12 consolidated lawsuits for property damage, business interruption and other economic losses brought by 36 individual and corporate plaintiffs. The fire started in the engine compartment of a propane-fueled forklift truck. The propane cylinder on the forklift exploded, spreading fire to nearby cardboard cartons. The warehouse, initially constructed in 1914 to store grain, was fitted with a sprinkler system that had fallen into disrepair over the years and was not operating at the time of the fire. The plaintiffs, building tenants that stored personal property in the warehouse, claimed losses exceeding $14 million. Cases settled shortly before trial.

Jewel Foods v. Trailwood Transportation, et al., Circuit Court of Cook County, Ill.: Defended Trailwood Transportation, owner and operator of a tractor trailer rig, in a lawsuit seeking $30 million for property damage and lost profits/business interruption brought by Jewel Foods arising from a warehouse fire. The fire allegedly started on or near a pad/seal on the loading dock of the refrigerated food warehouse and allegedly was caused by heat from the plastic lens of marker lights affixed to the rear of the Trailwood trailer. The lights had been left “ON” by the Trailwood driver when the vehicle was backed up against the dock seal. The fire spread rapidly throughout the building due to the high flammability of polystyrene foam insulation material used in converting the warehouse for storage of refrigerated foods and due to a non-functioning sprinkler system in which the deluge valves failed to open. Grocery retailer Jewel Foods, the lessor of the warehouse, sued Trailwood as well as the manufacturers of the trailer, marker lights and deluge valves. Case settled shortly before trial.

Arlington Park-Washington Park Race Track Corporation, et al. v. F.E. Moran Inc., Fire Protection, et al., Circuit Court of Cook County, Ill.: Defended F.E. Moran, a sprinkler installation contractor, in a property damage lawsuit arising from a fire at the Arlington Park Race Track. The fire allegedly started in a fluorescent ceiling light fixture located in a portion of the racetrack/grandstand structure (originally erected in 1926) known as the Horseman’s Lounge, which did not have a sprinkler system. Defendant had installed the retrofit sprinkler system in the adjacent wooden grandstand structure, but the plaintiffs, owners of the racetrack, alleged that Moran negligently failed to install sprinklers in certain concealed spaces throughout the grandstand. No sprinklers were installed in the Horseman’s Lounge because the governing state regulations required sprinklers only in the portions of the racetrack that were open to the general public. The fire spread from the unsprinklered area to the sprinklered grandstand, eventually destroying the entire structure. Plaintiffs sought more than $100 million for damage to the structure and other physical property in the building. Case settled shortly before trial.

Boulevard Bank, et al. v. Acorn Electric, Circuit Court of Cook County, Ill.: Obtained summary judgment for electrical contractor Acorn Electric in a lawsuit brought by the owner and tenant of an industrial building arising from a fire. Plaintiff sought damages exceeding $1 million for alleged negligence in the course of a re-wiring project on the premises two years before the fire. Defendant’s motion for summary judgment was granted and affirmed on appeal.

Publications

“The Economic Loss Doctrine – An Impediment to Recovery in Y2K Lawsuits,” Claims Magazine, November 1999.

“Illinois Robbery Statute Construed – The Introduction of a Specific Intent Element (People v. White),” 27 DePaul Law Review 837, 1978.

Speeches and Presentations

“Effective Techniques in Defending the Multi-Vehicle & Multi-Party Accident,” Primerus Defense Institute transportation conference, January 2009.

“Enhanced Injury Doctrine in Child Car Seat Litigation, Injuries Caused by ‘Second Impact’ – What’s New,” Defense Research Institute children’s products manufacturer’s meeting, February 2006.

“Jewel Warehouse Fire – Hillside, Illinois,” Illinois Association of Arson Investigators, May 2005.

“Cross Examination of Plaintiff’s Witnesses,” Illinois Trial Lawyers Association, April 2004.

“Narrowing the Scope of Discovery for Substantially Similar Products,” Defense Research Institute children’s products manufacturer’s meeting, February 2000.

“The Seat Belt Defense in Products Liability Cases,” Defense Research Institute Specialized Litigation Group mid-year meeting, September 1998.