News
Injustice in the News
At Goldberg, Weisman, Cairo, justice is more than our business. It’s our passion. We believe that everyone who lives in our great country deserves to be treated fairly regardless of age, gender, ethnicity and legal, social or economic status. We realize, however, that all too often this ideal of fairness and equality is compromised, and when that happens we pay attention.
In this section, you’ll find current events we are following closely. In some cases, GWC is currently involved in litigation to help the victims recover fair and just compensation. In others, we’d simply like to call attention to the kinds of prejudicial treatment of individuals—and sometimes entire communities—that can be engaged in by police departments and other municipal and governmental agencies. Whether we are litigating a particular case or not, we want to take a stand to help ensure that injury is never accompanied by injustice.
“Fire Victim's Family To File Wrongful Death Lawsuit”
A lawsuit will be filed on Monday morning, May 19, 2008, on behalf of the Estate of Igor Shteyn, one of the two nursing home residents killed in a tragic fire at the Hampton Plaza Nursing & Rehabilitation Center in Niles on Wednesday of this week. The family is being represented by Louis C. Cairo of Goldberg, Weisman & Cairo, Ltd. in Chicago, Illinois. The lawsuit alleges that the nursing home failed to take adequate steps to insure that a safe or adequate emergency response system was in place at the time of the deadly fire. While the investigation has just begun with the municipal authorities, the family wants to retain its own forensic fire experts to analyze the damaged areas and determine precisely what the cause of the fire was. In the meantime, the family’s trial lawyers are investigating what type of protective devices were actually installed, such as fire suppression systems, fire alarms, smoke detectors, fire extinguishers, etc., as well as the training of the nursing home personnel.
“There is a very real issue here of whether this nursing home and its staff were prepared to deal with this type of a casualty. Fires occur in numerous situations, but in a nursing home that houses elderly people, it is incredibly important that they be properly equipped, properly trained and properly prepared. We will be seriously investigating whether this nursing home was adequately trained and prepared to deal with these types of emergent matters. Because if there had been an adequate fire suppression system, fire alarms, smoke detectors and personnel in place who were trained to deal with a fire, then we should not be talking about casualties because Igor and Mr. Berdichevsky would not have lost their lives in this fire,” according to Louis C. Cairo, lead counsel for the Shteyn Estate.
Mr. Shteyn is survived by two adult children, both living in the Chicago Metropolitan area. Mr. Shteyn migrated from the country of Kiev and has made his home in Illinois for several years prior to his death.
This suit will be filed so promptly in order to ensure that the Estate had a presence at this site through its legal representatives, forensic experts and other safety experts. “We firmly believe that the Niles Fire Department will do a thorough job investigating the cause of this fire, however, it is incumbent upon our firm to make sure that every possible contributing cause of this fire is determined and we look forward to cooperating with the township authorities and hopefully assisting them in their investigation,” stated Cairo. Moreover, the insurance companies who provide liability insurance to the nursing home have obviously started their investigation to “defend” the claims on behalf of the estates that are inevitable.
Goldberg, Weisman & Cairo, Ltd. concentrates his practice on representing severely injured construction workers in both civil matters and worker compensation claims. The firm has 32 lawyers and a staff of over 90 employees working exclusively on behalf of injured parties and their families.
A press conference is tentatively scheduled for Monday afternoon, at noon, at the law firm of Goldberg, Weisman and Cairo, Ltd., One East Wacker, 38th floor, in Chicago. It is anticipated that the decedent’s daughter, Alla Mavlyanova, will be present to address the media. Anyone that is interested in attending this press conference from the media is requested to contact Lenna Mota, personal assistant to Louis C. Cairo to confirm their presence and the time of the press conference.
For more information relative to this filing, contact Louis C. Cairo at 312-245-1203.
— May 16, 2008
“Record Week For Two Goldberg Weisman Cairo Hispanic Clients”
GWC partner, Lawrence Ruder, secured a $2,000,000 Will County settlement for a 20 year old that lost his arm in an automobile crash. Gomez v. Comar Drilling Company, et. al. The crash, which occurred in July 2005, caused Jose Alfredo Gomez to lose his left arm when a truck driven by an employee of Comar Drilling Company from the Joliet area crossed into his lane and hit his van head-on. Mr. Gomez was driving from his painting job in rural Yorkville to his home in Waukegan at the time. This is the highest reported settlement for an injury of this type in the history of Will County (Confirmed by the Illinois Jury Verdict Reporter).
The result is remarkable for two reasons. First, it is a record settlement for the traumatic loss of an arm [specifically, a non-dominant arm]. Most importantly, however, is that a successful result was attained despite the initial conclusions concerning the liability picture originally painted by investigators with the Yorkville Police Department. The Yorkville Police Department conducted an accident reconstruction analysis immediately after the crash and concluded Mr. Gomez was 100% responsible. After only a brief investigation of this collision — which obviously involved very serious injuries to this fine young man — the police department's accident reconstruction expert concluded the collision occurred because Mr. Gomez had illegally passed a vehicle just before the crash. Again, the police placed the blame squarely on Mr. Gomez and it appeared no case could be made for him.
However, Mr. Gomez came to GWC because of his insistence that the Yorkville Police Department's findings and conclusions were totally false. GWC immediately commenced the discovery and investigation process. It was only after countless depositions of parties and witnesses and a thorough investigation and analysis of scene evidence by our own accident reconstruction expert that GWC was able to establish the truth about how this collision occurred; which required proving that the findings and conclusions of the police department's reconstruction expert were 100% wrong! Our legal team was able to prove that the collision had actually occurred in Mr. Gomez's lane and it was the defendant that had been illegally passing another vehicle at a high rate of speed before the crash. It was the defendant's actions that caused the crash and caused Mr. Gomez to lose his arm, and not the opposite as concluded by the local police department. The attorneys for the defendant agreed to pay the $2,000,000 to Mr. Gomez after it became clear that the police department had improperly engaged in a “rush to judgment” against Mr. Gomez.
The second record was confirmed yesterday when a Lake County judge approved a $2,000,000 distribution to the Estate of Wilson Alexander Lopez-Ochoa by the City of Waukegan. The payment was made after GWC partners, Louis Cairo and Lawrence Ruder, won a verdict for over $2 million dollar for the family of 21 year old Alex Lopez-Ochoa who was killed when his car was struck by a Waukegan police squad car on Super Bowl Sunday, 2005. This verdict is the largest ever reported in the history of Lake County for a case of this kind (Confirmed by the Illinois Jury Verdict Reporter).
This victory is especially gratifying because the Waukegan Police Department — like the Yorkville Police Department in the Gomez matter — blamed Alex for this crash and refused to take any responsibility for the actions of its officer. The department’s Chief of Police and other city officials went to the media and community immediately after the crash and claimed the department's investigation proved Alex was solely responsible for the crash. They claimed that the evidence, which they gathered, proved that Alex negligently pulled into the street directly into the path of a police squad. Officials took great pains to point out that Alex was an undocumented Honduran immigrant and was in the country without proper papers. Outraged, Alex's family came to GWC for help.
Depositions were taken of every police officer involved in the investigation. GWC’s accident reconstruction experts analyzed the data contained in the squad’s “black box”. This is a mini-computer that documents the speed of a vehicle in the moments before a crash. Our team proved the officer had been speeding 10 mph over the limit at the time of the crash, that he did not have his mars lights on and that his siren was off. Investigation also showed the officer was not responding to an emergency of any kind at the time and was operating his squad the night of the crash in direct violation of department policy. Further, GWC investigators went into the community and discovered that two people had actually witnessed the entire crash; two women who had been ignored by the police at the scene and who had previously been afraid to come forward for fear of retribution by the Waukegan Police Department. They testified during the trial entirely in Spanish and told the jury that they had seen the officer violating red lights and making an illegal u-turn just prior to the crash. Most of the testimony heard by the jury was in Spanish through the use of interpreters.
It took the jury less than three hours to determine that Alex was completely blameless and that the police officer was 100% responsible for the crash.
In both the Lopez and Gomez cases, GWC proved that “official” police department conclusions were 100% false. Said Lawrence Ruder: “It is incredibly gratifying to know that through our investigation and the legal process we have been able to ensure that justice was served for both Mr. Gomez and for the Lopez family. Helping people like the Lopez family and Mr. Gomez in tough situations like these is exactly why I became a lawyer!”
The law firm of Goldberg, Weisman & Cairo, Ltd. of Chicago, Illinois, concentrates its practice on representing the catastrophically injured and wrongful death cases. The firm represents many members of the Hispanic Community in Lake and Cook County.
— November 24, 2007
“Immigrant's family awarded $2.03 million. Jurors put crash blame on Waukegan policeman”
By Art Peterson for the Lake County News-Sun
A Lake County jury deliberated for less than three hours Wednesday afternoon before awarding $2.03 million to the family of an immigrant in a wrongful death lawsuit against the city of Waukegan.
Wilson “Alex” Lopez-Ochoa was 21 when his car was struck by a Waukegan police squad car driven by officer Michael Newman on Super Bowl Sunday 2005. The Honduran man died hours later.
Jurors indicated they held Lopez-Ochoa 100 percent blameless in the accident. The total amount awarded by the jury was $2,032,992. That includes $2 million for loss of a family member, $20,000 for funeral and burial expenses, and $12,992 for medical expenses.
In closing arguments Wednesday, the family's lawyers urged jurors to award “millions of dollars” in damages from the city of Waukegan.
Deliberations began in the early afternoon, capping the week-and-a-half-long civil trial in the courtroom of Judge Mary Schostok.
Key decision for jurors was whether Newman, who had been on the force for more than three years at the time of the accident, was at least 51 percent responsible. If so, they would then determine damages to be paid to Lopez-Ochoa family members.
“Had Officer Newman simply followed the law, we would not be here,” said Lawrence Ruder, attorney for the family, “Alex did not have to die. The Lopez family will have to live with this loss for the rest of their lives; there will be an empty seat at the dinner table.”
Family attorney Louis Cairo urged jurors “put the Lopez family under your arms” and “return a verdict for several millions of dollars” for the lost love, caring, guidance and companionship from the death of “Alex.”
— May 24, 2007
“ ‘We are tired of so much harassment’ Angry Hispanics protest mistreatment by police.”
By Nicholas P. Alajakis
In 2005, Meza moved his family from Waukegan to Round Lake, citing mistreatment by the city's police because of the color of his skin. He returned on Monday to speak out against that treatment at a rally honoring a 21-year-old friend who was killed two years ago this month when his car was struck by a Waukegan police squad car.
“I think this is important for everyone, because if we don't stop (the mistreatment), things are going to keep happening,” Meza said. Meza was one of about two dozen protesters in downtown Waukegan Monday. They gathered to honor Wilson "Alex" Lopez-Ochoa, a former Waukegan resident of Honduran descent who died Feb. 7, 2005.
Lopez-Ochoa, was struck by the squad car of Waukegan Officer Michael Newman as he exited a laundromat parking lot in the 1800 block of Grand Avenue. Organizers of the protest are angered that Newman was never charged in the accident, despite the fact that he was traveling 10 miles over the speed limit and without his lights or sirens.
But Monday's gathering was more than a complaint about a traffic accident. It was a chance for residents to voice concern about what they say is continued mistreatment by Waukegan police. They are concerned with constantly being pulled over, and not being treated with respect by police. “We are tired of so much harassment (toward) the Hispanic community,” said Waukegan resident Wilber Matute, who was Lopez-Ochoa's soccer coach. “(Police) are being unfair.” Matute, a fellow Honduran, held a megaphone at the protest and led chants of “justice for all” and “justice for Alex.”
The protestors hoped to hold Waukegan police and Mayor Richard Hyde accountable for mistreatment of Hispanics, Meza said.
“Alex was a guy with no problems. Alex was a human being,” Matute said. “You need to have more respect for a human being.” A trial is scheduled to begin next month in the wrongful-death suit brought by Lopez-Ochoa's family against Newman and the city.
— February 27, 2007
“Cop in bar brawl faces 14 new felony charges”
“Prosecutors announced 14 additional felony charges Friday against a Chicago police officer whose videotaped beating of a female bartender made international headlines.
Anthony Abbate, a 12-year department veteran, was charged with seven counts of official misconduct, one count of communicating with a witness, three counts of intimidation and three counts of conspiracy, Cook County State's Attorney’s office spokeswoman Tandra Simonton said...”
— February 27, 2007
Police brutality is one of the most serious and unsettling breaches of trust between the government and the citizens in our cities, states and country. At GWC, we know that the vast majority of law enforcement professionals are dedicated to serving all the people with justice and compassion. That makes brutal betrayals of trust such as the recently publicized cases involving police officers so outrageous and incomprehensible. And when a citizen is injured or killed as a result of the unacceptable abuse of power by an officer who is paid to serve and protect the people, justice must be swift, uncompromising and complete.
