Cases

Malatesta Law Offices LLC
134 N. LaSalle Suite 425
Chicago, IL 60602
Phone (312) 445-0514
Fax (312) 264-0650

 

The lawyers at Malatesta Law Offices have represented plaintiffs and defendants in a variety of cases, with values of settlements and verdicts in the millions of dollars. These cases are only representative of recent cases, and do not constitute a complete list of all trials taken to verdict, or the firm’s entire practice areas.

IN THE NEWS

Obrycka v. Abbate and City of Chicago The video of the off duty Chicago Police Officer’s alleged beating of a bartender at a North side bar has received national media coverage. Malatesta Law Offices represent Mr. Abbate in the civil lawsuit in federal court.

 


Bueno v. Miller. This matter involved the alleged beating of an off duty Police Officer and his companion on the Northwest side of Chicago. Mr. Malatesta represented Defendant Edward Milller in the civil suit filed in the Circuit Court of Cook County. Reported in Chicago Sun-Times May 2007.


Jane Doe v. Stubblefiled. Representation of a plaintiff after she was secretly recorded without her consent by a former boyfriend. Reported by the Chicago Sun-Times 2010.


Young V. Annunzio. The former City of Chicago employee charged with racism by a fellow city employee. The Federal Class actions involves allegations of racial slurs and derogatory behavior addressed as city employees. Reported by Chicago Sun-Times , Chicago Tribune and Local Television Stations.

Kornick v. Chicago Firehouse Restaurant Plaintiff a carpet salesman fell on a rolled up mat in the defendant’s lobby and suffered a severe brain injury including a subdural hematoma and cognitive changes, medical bills totaled $80,966.73.  Plaintiff claimed that the mat had been rolled by the defendant to clean in the morning and left in that condition when the Plaintiff fell.  Michael Malatesta obtained a Not Guilty Verdict for the Restaurant.

Arias v. Don Pedro Plaintiffs were customers in the Don Pedro Restaurant and became intoxicated.  After leaving the bar the plaintiffs were in a car accident that resulted in fatality of one Plaintiff and multiple injuries to the other including traumatic cardiac arrest in the emergency room a laceration of the spleen and liver, bilateral femur fractures, a left humerus fracture, right ankle fracture, right medical orbital fracture, and laceration of the forehead. As a result of injuries, the plaintiff underwent numerous surgeries along with physical therapy and had over $260,000 in medical bills.  Michael Malatesta argued that although evidence was presented that the AIP was intoxicated, there was not enough evidence to indicate that it was the cause of the accident and obtained a Directed Verdict on behalf of the bar.


Augusta Moyer v Royal Palace Inc. Plaintiff was a patron at defendant’s restaurant. After using the restroom she slipped and fell on a large puddle of water near the restroom sinks. Plaintiff sustained a comminuted and displaced right distal femur fracture, requiring four days hospitalization and open reduction surgery accumulating $52,000 in medical bills and the need for a future surgery. Restaurant managers testified that the restaurant’s standard practice was to place mats on the floor of the restroom where the fall occurred to collect water and prevent falls. However, on the date of this occurrence, the waitress responsible forgot to do so. Michael Malatesta argued that defendant had no notice of the water on the bathroom floor and the lack of mats was not a proximate cause of the fall obtaining a Not Guilty Verdict for his client.


Robert Townsend v Hank Rusin Ltd. Plaintiff was a patron at defendant’s tavern in Blue Island on Nov. 4, 2006, when he fell on a ramp located between a pool room and the main bar area. He sustained a fractured fibula with two surgeries, scarring, and future surgery required, $40,123 in medical bills and $10,000 in lost time as machine operator. Plaintiff claimed the ramp was a hazard and violated the City of Blue Island’s adopted building code. Michael Malatesta represented obtained a Not Guilty verdict on behalf of his client.


Keith Feret v Mr. C’s Midway Bar Inc. Plaintiff was a patron in the Defendant’s bar when he got into a verbal argument with another patron. A short time after the verbal altercation, the patron smashed a beer bottle across Plaintiff face. Plaintiff sustained severe facial lacerations requiring surgery and over 150 stitches, leaving him with permanent scars on his face. Plaintiff sued pursuant to the Illinois Dramshop Act. Michael Malatesta represented the tavern and obtained a Not Guilty Verdict on behalf of his client.


Romano v. Seville Plaintiff was a guest at a wedding reception at when the staff was notified that a drink had been spilled on the dance floor. Plaintiff returned to the same area of the spill some time later, she slipped and fell, suffering a fractured left ankle with open reduction internal fixation and a surgical scar Plaintiff contended Defendant staff failed to timely clean up the spilled drink after having notice of the spill. Video footage captured the spill and fall. Plaintiff asked for $450,000. Michael Malatesta successfully argued at trial and obtained a Not Guilty verdict for his client.

Rodriguez v. Cindy Lyn 1.7 million dollar settlement for a  a severely injured man struck by an automobile driven by gang members following a fight in a hotel parking lot.


Kim v. Club 720 Plaintiff suffered a comminuted ankle fracture after falling on an allegedly wet floor in Club 720. Plaintiff underwent an open reduction and internal fixation surgery to repair the complex fracture and had over $40,000 in medical bills. Michael Malatesta successfully argued at trial that the Plaintiff caused her own injuries and obtained a Not Guilty verdict for his client, Club 720.

Ritter v. Amtrak $100,000 on behalf of a woman that suffered a fractured wrist following a fall on broken concrete at an Amtrak station.


Mullinax v. Gemini Construction et al. Plaintiffs suffered multiple injuries after a masonry wall collapsed during a construction project. Plaintiffs asked for 6 million dollars from the jury and were awarded a 3.2 million dollar verdict from two defendants. Michael Malatesta obtained a Not Guilty verdict for his client.

Doe v. Doe $101,000 recovery for an individual that suffered a severe hemotoma after being attacked by a dog while out for a walk with his family.


Melissa Costello v. Galway Inn Ltd. Plaintiff suffered a lisfranc fracture requiring open reduction and internal fixation surgery after she was injured by a patron of the Galway Inn. She alleged negligence and violation of the Illinois Dramshop Act. She requested damages in excess of $325,000 from the jury. Michael Malatesta obtained a Not Guilty Verdict.


Ejnik v. Wally’s of Park Ridge. Plaintiff suffered a fractured right humerus requiring open reduction and internal fixation and onset of atrial fibrillation. This premises liability case involved the plaintiff’s allegations that a floor was improperly maintained at the Defendant’s restaurant. Plaintiff requested $665,000 from the jury. Michael Malatesta obtained a Not Guilty Verdict.


Zdrala v. Byzantium. Plaintiff, while a patron in the Defendant’s nightclub was attacked and suffered multiple stab wounds to chest and abdomen. He alleged negligent security by the Defendant. Plaintiff requested $225,000 from the jury. Michael Malatesta obtained a Not Guilty Verdict.