Biography

Jeffrey H. Lipe is a partner of Williams Montgomery & John, head of the firm’s general liability practice, and a member of the commercial litigation, product liability, construction, transportation and labor and employment practice groups. Mr. Lipe focuses his practice on product liability, construction litigation, commercial litigation, employment counseling and litigation, premises liability, and transportation liability matters. He is “AV Preeminent ” peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for ethical standards and legal ability.

Mr. Lipe has been selected by his peers for inclusion in Illinois Leading Lawyers for commercial litigation, personal injury defense law – general, and personal injury defense law – products liability.

Mr. Lipe is a trial attorney with 30 years of experience and has tried more than 30 cases to jury verdict in state and federal courts. He has particular experience with the preparation and trial of catastrophic injury and wrongful death claims.

Mr. Lipe represented Metra and Chicago and North Western Railroad in the highly publicized trial involving noted violinist Rachel Barton, who was dragged and run over by a commuter train while disembarking. He also achieved a complete defense verdict for an international crane manufacturer in the retrial of a product liability lawsuit alleging defective design of an overhead crane. Another defense firm had handled the first trial, which resulted in a $16 million verdict for the plaintiff.

In the employment area, Mr. Lipe has successfully defended employers in lawsuits alleging violations of the Americans with Disabilities Act, Title VII, Equal Pay Act, Illinois Health Care Right of Conscience Act and ERISA. Among his many representations, he obtained summary judgment on behalf of a hotel owner and manager in a lawsuit brought by a former employee alleging failure to make reasonable employment accommodations, wrongful termination and denial of health insurance coverage on the basis of plaintiff’s infection with the HIV virus.

Mr. Lipe also has extensive experience with construction litigation involving breach of contract and professional liability claims for delay damages and escalation costs, as well as general liability claims alleging unsafe work practices.

Education/Bar Admissions

Mr. Lipe received a B.A. in 1980 from Tulane University in New Orleans, La. He received his J.D. in 1983 from the University of Illinois College of Law, where he was a member of the national moot court team and received the Rickert Award for Excellence in Moot Court.

Mr. Lipe was admitted to the Illinois bar in 1983 and also has been admitted in the following federal trial and appellate courts:

• U.S. District Court, Northern District of Illinois (including the trial bar)
• U.S. District Court, Central District of Illinois
• U.S. District Court, Northern District of Indiana
• Supreme Court of Illinois

In addition, Mr. Lipe has been admitted pro hac vice in state and federal courts in several additional states.

Professional Activities

Mr. Lipe is a member of various professional and civic organizations, including:

• Chicago Bar Association
• Illinois State Bar Association
• Lawyers Club of Chicago
• International Society of Primerus Law Firms

Representative Cases

Product Liability

Mesman v. Crane Pro Services, U.S. District Court, Northern District of Indiana: Achieved a complete defense verdict for international crane manufacturer in product liability lawsuit alleging defective design of an overhead crane. Plaintiff’s left leg was traumatically amputated and his right leg was crushed when a 20,000 pound load of steel fell from the crane. The case originally was tried in 2003 by another defense firm, and plaintiff obtained a verdict of $16 million. The decision was reversed on appeal and sent back to the trial court for retrial. We were then retained to represent the defendant. In the second trial, the jury rendered a complete defense verdict, which was affirmed on appeal.

Williams v. Rymer Foods, Inc., Circuit Court of Cook County, Ill.: Successfully resolved personal injury lawsuit against manufacturer of turnstile machine. Plaintiff, a three-year-old child, was pinned by the turnstile arm resulting in anoxic brain damage with permanent cognitive, speech and physical impairment. Case was settled for cost of defense while motion to dismiss on corporate succession issues was pending. Other defendants settled for more than $8 million.

Wells-Keith v. Food Sciences Corp., Circuit Court of Cook County, Ill.: Represented manufacturer of low-calorie diet in wrongful death lawsuit brought by the decedent’s estate. Plaintiff alleged that manufacturer mislabeled the nutritional content of the diet, which led to electrolyte imbalance causing cardiac arrhythmia and death.

Personal Injury/Wrongful Death

Barton v. Metra and Chicago and North Western Railroad Co., Circuit Court of Cook County, Ill.: Represented railroad and local transportation agency defendants in highly publicized trial involving noted violinist Rachel Barton. While disembarking from a Metra commuter train, Barton was dragged 360 feet by the train and run over by its wheels. She sustained traumatic amputation of one leg and degloving injury and partial amputation of the other leg.

Cairns v. Ty Walk Liquid Sales, Inc. and Elam v. Ty Walk Liquid Sales, Inc., Circuit Court of Will County, Ill.: Achieved verdict for defendants, a trucking company and tractor-trailer driver, in consolidated wrongful death lawsuits of driver and passenger in a vehicular accident. Plaintiffs asked jury for $10.5 million in damages. Accident occurred on narrow, two-lane road during rain when defendant, who had been following decedents for several miles as they drove erratically, attempted to pass decedents, who turned left in front of defendant onto farm access road.

Baclawski v. Superior Ambulance, Circuit Court of Wayne County, Mich.: Represented ambulance company and driver in case in which ambulance attendant raped 14-year-old female psychiatric patient during 50-minute transport. Obtained pre-trial judgment for defendants on plaintiff’s theories of negligent hiring and retention of rapist, and vicarious liability for rapist’s conduct. Case was tried to verdict. Jury found for driver, and verdict assessed against company was less than plaintiff’s pre-trial settlement demand.

Canfield v. Gilius, Circuit Court of Cook County, Ill.: On behalf of defendant, successfully settled personal injury and wrongful death lawsuit arising from a motor vehicle accident. Plaintiff’s six-month-old fetus died, and she claimed inability to have additional children. Plaintiff also sustained several upper and lower extremity fractures with non-union and delayed healing resulting in 14 surgical procedures and major depression, causing her to be unable to return to work and to avoid most life activities. Case settled after several days of trial.

Estate of Tracy Ecklund v. Jevic Transportation, U.S. District Court, Northern District of Illinois: Successfully resolved wrongful death and personal injury lawsuit against trucking company brought in state and federal courts. Case arose out of 11-vehicle accident that occurred when the defendant truck driver failed to stop for a red light at an intersection; defendant admitted liability. Jury awarded plaintiff $1 million in damages, an amount equal to the defendant’s pre-trial offer. The pre-trial settlement demand was $10 million.

Benish v. Superior Ambulance, Circuit Court of Cook County, Ill.: Obtained summary judgment on behalf of paramedics and ambulance company defendants in wrongful death lawsuit brought by decedent’s estate. Plaintiff claimed that decedent’s death in ambulance while being transported to the hospital was due to paramedics’ negligence in failing to provide appropriate treatment.

Employment

Clark v. North Central Management, Inc., U.S. District Court, Northern District of Illinois: Obtained summary judgment on behalf of hotel owner and manager defendants in Americans with Disabilities Act and ERISA lawsuit. Plaintiff alleged failure to make reasonable employment accommodations, wrongful termination and denial of health insurance coverage on the basis of plaintiff’s infection with the HIV virus.

Stephanie Adamson v. Superior Air-Ground Ambulance, U.S. District Court, Northern District of Illinois: Favorably settled employment case against ambulance company brought by former employee alleging violation of Title VII and Illinois Health Care Right of Conscience Act. Plaintiff was terminated for refusing to transport patient to obtain an abortion. Case settled for cost of defense while defendant’s summary judgment motion was pending.

Ostler v Oce-USA, U.S. District Court, Northern District of Illinois: Obtained summary judgment for multinational company in ERISA lawsuit brought by the estate of deceased former employee. Plaintiff sought to recover the value of life insurance benefits provided under company plan. Case was dismissed on appeal without any payment by client.

Mayden v. Superior-Air-Ground Ambulance, U.S. District Court, Northern District of Indiana: Successfully resolved Title VII and Equal Pay Act lawsuit on behalf of defendant in which plaintiff claimed wage discrimination based on sex. Summary judgment granted to defendant on Title VII claims. Equal Pay Act claim tried before a jury, which returned a verdict for the defendant.

Hill v. Norcomm Public Safety Communications, Inc., U.S. District Court, Northern District of Illinois: Obtained summary judgment for defendant in employment lawsuit. Plaintiff claimed discrimination and retaliation under Title VII and civil conspiracy under Section 1985.

Construction

Mellon Stuart Construction, Inc. v. Metropolitan Water Reclamation District of Greater Chicago, U.S. District Court, Northern District of Illinois: Favorably settled breach of construction contract claim on behalf of owner in lawsuit brought by contractor and subcontractor for delay damages and escalation costs arising out of the construction of $50 million office, shop and warehouse building. Case settled for less than 10 percent of the original amount claimed by the general contractor. Also represented owner in action against professional design firm to recover delay and escalation costs incurred due to inadequate plan design.

Martinez v. Ergonomics and Safety Services, Inc., U.S. District Court, Northern District of Illinois: Achieved verdict for defendant in lawsuit brought against company hired by general contractor to oversee safety during demolition of a furnace in Streator, Ill. Plaintiff was injured when a 4 x 8 ft. piece of plywood fell 10 feet, allegedly due to unsafe work practices, striking plaintiff in neck and shoulder and causing him to be unable to return to work as union laborer. Plaintiffs asked jury for $4 million to $5 million in damages.

Commercial

Nathan Bansolas v. Superior Air-Ground Ambulance, U.S. District Court, Northern District of Illinois: Obtained dismissal of qui tam action filed under False Claims Act against paramedic services provider. Motion to dismiss granted in its entirety before commencement of discovery.

Native American Arts Matters, various jurisdictions: Favorably settled multimillion-dollar claims brought under the Indian Arts and Crafts Act against multiple manufacturers and distributors of arts and crafts. Plaintiffs alleged that defendants misrepresented their products as having been made by Native Americans. Cases settled for minimal or no payment.

Appellate Decisions

American National Bank v. Thompson, 158 Ill.App. 3d 478, 511 N.E.2d 1206 (1st Dist. 1987): Affirmed successful defense verdict in wrongful death claim involving truck/auto collision resulting in wrongful death of mother of two-year-old child.

Ali Yacoub v. Chicago Park District, 248 Ill.App.3d 958, 618 N.E.2d 685 (1st Dist. 1993): Affirmed grant of defendant’s motion for summary judgment on the grounds of open and obvious danger and landlord non-liability for tenant-created defects in case involving the drowning deaths of two small children.

Waller v. Bagga, 219 Ill.Qpp.3d 542, 579 N.E.2d 1073 (1st Dist. 1991): Affirmed successful defense verdict for minimal damages in automobile accident case in which plaintiff claimed permanent disability and loss of income from back injury.

McDermott v. Metropolitan Sanitary District, 240 Ill.App.3d 1, 607 N.E.2d 1271 (1st Dist., 1993): Affirmed good faith settlement of claim for 10 percent of the damages ultimately awarded while the jury was deliberating.

Ostler v. Oce, USA, Inc., 2001 U.S. Dist. LEXIS 16369; 26 E.B.C. 2623: U.S. District Court for the Northern District of Illinois decision granting summary judgment in favor of defendant on claim for breach of fiduciary duty under ERISA.

Jackson v. Illinois Medi-Car, Inc., 2001 WL 1286804, aff’d 300 F.3d 760 (7th Cir. 2002): Affirmed summary judgment on behalf of medi-car company and driver against claims that defendants violated plaintiff’s constitutional rights.

Collins v. Superior Ambulance Company, 338 Ill.App. 3d 812, 789 N.E.2d 394, 273 Ill. Dec. 494 (1st Dist. 2003): Reserved and remanded dismissal of case based on res ipsa loquitor.