Beating Goliath

In Episode One of this two-part series, you will meet Karla Gress, a businesswoman and mother of three from the Dallas, Texas area.

Karla traveled to the Chicago-area on business in October of 2013 and booked a room at the Holiday Inn Northshore in the suburb of Skokie, Illinois. One evening after a typical day at work, Karla returned to her hotel and stopped at the restaurant on site to grab a drink and a bite to eat while she wrapped up paperwork. 

Sometime after 9 p.m., Karla paid her tab and returned to her room. That’s when her nightmare began - She was sexually assaulted that evening by the hotel’s on-duty security guard. 

Listen in as Karla navigates the very frustrating criminal justice system and ultimately pursues justice against the hotel that should have protected her and other guests from harm. 

Characters in this episode:

⚖️ Karla Gress, Plaintiff 

• Married mother of three from Texas. Was sexually assaulted by a hotel security guard while on a business trip in the Chicago-area
• “It doesn’t matter if I was drugged or if I had that drink and he came to my room and raped me. This wasn’t my fault.”

⚖️ Tara R. Devine, Partner at Salvi, Schostok & Pritchard

• Lawyer representing Karla’s case against the hotel.
• “The consequences of drinking four cosmos is a hangover. The consequences of having four cosmos is not having a security guard get access to your room, acting as a maintenance man and raping you while you are unable to consent.” 

⚖️ Jaclyn J. Kurth, Attorney at Salvi, Schostok & Pritchard

• Lawyer representing Karla’s case.
• “Karla recognized that as a guest of a hotel, nobody should ever be at risk the way she was – let alone by one of their own employees.”

Plot Points:

A match made in Heaven: Karla meets her husband Dean and they realize they have a shared interest in creative projects and traveling.

Too good to be true: Karla accepts a “dream job” as a senior application consultant with a nationally-recognized transcription company that allowed her to travel 100 percent of the time. 

The nightmare begins: Karla is sent on a last-minute work trip that changes the course of her life forever

Lost memories: After a typical day visiting area hospitals, Karla grabs dinner at her hotel’s on-site restaurant, Bar Louie. But after paying her tab, her memory goes black. 

Piecing the night together: Karla wakes up with bruises and feeling ill. She powers through the work day and realizes something terrible happened to her the night before. She flies home to Texas where she undergoes a rape kit.

Chilling findings: Karla finds a chilling image on her phone that suggests her assailant was an on-duty hotel employee whose job as a security guard charged him with keeping guests safe.

No justice: The criminal case against the security guard meets a number of dead ends, prompting Karla to examine other avenues of justice.

The fight finds new life: Karla enlists the help of a team of civil attorneys at Salvi, Schostok & Pritchard to file a premises liability lawsuit against the hotel that should have protected her from harm

Two days after closing arguments, the verdict finally comes in. 

After a long trial, the jury finds Tom was not at fault for his injury and awards him just over $12.2 million in compensation. They also find GES acted with a reckless disregard for safety.

Given the verdict, and that GES had been cited by the Occupational Safety and Health Administration (OSHA) three times in the previous eight years for using uncertified forklift drivers, the jury also imposed $3 million in punitive damages on the company. 

Tom and his lawyers at Salvi, Schostok & Pritchard are happy that the jury has acknowledged the impact the accident has had on his life and hope the punitive damages will dissuade GES and other companies from acting in a similarly dangerous way in the future.

However, the case isn’t over just yet. In response to a motion filed by the defense, the judge issues a judgement notwithstanding the verdict (JNOV), overturning the punitive damages. With the help of appellate lawyer Bob Black, Tom’s legal team appeals the JNOV.

In the final episode of this three-part series, Tom and his attorneys find out if justice will finally be served on all counts.

Characters in this Episode

⚖️ Tom Neuhengen, Plaintiff 

• Military veteran. Sustained a life-altering injury while working at a trade show in Chicago.
• “It might sound corny, but I’m trying not to change who I am. I still have the same job, I'm still in the National Guard. You plan for the worst and hope for the best, and focus on life.”

⚖️ Patrick Salvi Jr., Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case against the company.
• “We knew we had to appeal that post-judgement ruling, because it represented the punishment for GES’s behavior and the deterrence for them and others.” 

⚖️ Aaron D. Boeder, Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case.
• “We always tell our clients that we can't wave a magic wand and fix you, but at least financial strain will not be a consideration.”

⚖️ Patrick A. Salvi, Sr. Managing Equity Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case.
• “The defense didn't want to compromise: they felt like they were going to win in the appellate process. Tom followed our advice and he was very patient: he trusted us.”

⚖️ Bob Black: Owner and Sole Practitioner of the Law Offices of Robert G. Black

• Appellate lawyer representing Tom’s appeal against the JNOV.
• “These guys have tremendous skills as trial lawyers: but the skill set for appeals is different. It's heavily based on writing, and it's time-consuming to read these records.”

Plot Points

Zero-sum game: The lawyers at Salvi, Schostok & Pritchard hope that the jury will find Tom 0% negligent: any other outcome means losing the case or a decrease in compensation.

The verdict is win: The jury finds that Tom was 0% at fault and awards him $12,228,068. They also find GES acted with reckless indifference and should pay an additional $3 million in punitive damages, which goes to Tom.

The joy in justice: Tom and his attorneys are relieved that justice has been served, and hope that the punitive damages will force GES and others to adopt better safety procedures.

The twist: Six months later, a judge approves a motion by defense counsel to dismiss the punitive damages, reasoning that the driver’s lack of certification didn’t contribute to the accident.

Unacceptable: Tom’s lawyers decide to appeal this JNOV (judgement notwithstanding the verdict) because punitive damages are the most effective way to send a strong message and prevent further accidents.

Legal appeal: Appellate lawyer Bob Black joins the legal team. In appellate court, each side presents the existing evidence and testimonies before three justices. 

The verdict is in again: The justices rule that there isn’t enough evidence to conclude that GES’s failures didn’t contribute to Tom’s accident. They overturn the JNOV and reinstate the punitive damages.

Unappealing: GES tries to appeal the appellate court’s verdict, but the Illinois Supreme Court declines to hear its case. Thanks to a 9% interest rate on judgments, Tom ultimately is awarded $19 million. 

Justice served, friendships made: The team is thrilled for Tom, who hopes his case may prevent someone else being injured in the future. He and Patrick Salvi Jr. are still friends.

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Tom Neuhengen sustains a massive injury on the job when a 65,000-pound forklift runs over his foot at a trade show in Chicago. An IT rep for the National Guard and a U.S. military veteran living in Cudahy, Wisconsin, Tom’s life would be changed forever by the careless accident.

In the first of this three-part series, Tom is in the hospital for his first surgery following the accident. That’s when his mom contacted an attorney with Salvi, Schostok & Pritchard. The firm took on the case, fortunate to get involved so early and get a jump on the investigation against the defense team. Before the legal team even starts digging, they uncover information revealing that the man who operated the forklift — the one that ran over Tom’s foot — wasn’t certified.

Just before the trial is set to begin, the defense team offers Tom a $5 million settlement — and his lawyer explains why it’s not worth nearly what it seems. 

In the next episode of Beating Goliath, the trial begins and the defense goes on the attack.

Visit https://www.salvilaw.com/podcast/ for more information on Tom’s case and the show.

Characters in this Episode

⚖️ Tom Neuhengen, Plaintiff 

• Military veteran. Sustained a life-altering injury while working at a trade show in Chicago.
• “I think I might've been screaming. My body was in shock.”

⚖️ Patrick Salvi Jr., Managing Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case against the company.
• “What we learn as young lawyers is never to underestimate what the defense is willing to do to protect their money.”

⚖️ Aaron D. Boeder, Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case.
• “His foot was smashed and squeezed to the point where, if we were to show the pictures, it's horrific.”

⚖️ Patrick A. Salvi, Sr., Founder and Managing Equity Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case.
• “My main job was to present the damages — calling the doctors, the vocational people, the economist [and] lay witnesses who are going to support the damages.”

⚖️ Dr. Brian Law, Orthopedic Surgeon

• Surgeon who tended to Tom’s injuries.
• “Anybody who has sustained this kind of injury needs to remember that they're never going to be 100% normal.”

Plot Points

Meet the plaintiff: Introducing Tom Neuhengen, an IT rep for the National Guard and a U.S. military vet of Cudahy, Wisconsin.

The injury: Tom is sent to tear down his organization’s booth at a trade show in Chicago, an event that will change his life forever when his foot is run over by a 65,000-pound forklift.

The hospital: After seeing the severity of his injury, the paramedics take Tom to Northwestern Memorial Hospital, where he enters the first of many surgeries.

The case begins: Aaron Boeder of Salvi, Schostok & Pritchard takes the first call from Tom’s family, concerned about Tom’s best interest while he deals with his injuries in the hospital.

David vs. Goliath: Why the defense usually has an advantage in personal injury cases — and what makes the difference in Tom’s case.

“The only way they’re going to learn”: How Salvi lawyers approach a case as complex as Tom’s.

The OSHA investigation: An investigation by OSHA reveals a vital detail about the man operating the forklift that ran over Tom’s foot.

“Will I be able to run again?”: Tom recovers from his first surgery, while his doctor explains the limited options that’ll help him walk on his own and possibly run again.

The offer: Just before the trial is set to begin, the defense team makes Tom a tempting financial offer — and he must consider carefully how much it’s actually worth.

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While receiving intense physical therapy to treat the injuries caused by the forklift accident, Tom Neuhengen prepares to tell his story at trial.

In the second episode of this three-part series, Tom’s attorneys at Salvi, Schostok & Pritchard reject the defense’s request to drop the punitive damages claim in favor of an admitted liability case. They have discovered that GES has a history of using forklift drivers who aren’t properly certified, which would support their claim that GES prioritizes speed over safety. 

Meanwhile, the attorneys prepare Tom to take the stand, knowing how stressful it can be to face a judge, jury and team of defense attorneys. Tom’s team shares a video deposition to show the jury the profound impact the accident has had on Tom’s daily life.

During the trial, the defense tries to argue that the accident was Tom’s fault and that his injury is relatively insignificant. His attorneys counter these arguments, with a surprise assist from an independent witness. But what’s the verdict, and what does it mean for Tom?

Tune in to find out on the next and final part of this series.

Visit https://www.salvilaw.com/podcast/ for more information on Tom’s case and the show.

Characters in this Episode

⚖️ Tom Neuhengen, Plaintiff 

• Military veteran. Sustained a life-altering injury while working at a trade show in Chicago.
• “During my testimony, the opposing counsel was trying to throw me under the bus: basically putting words in my mouth.”

⚖️ Patrick Salvi Jr., Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case.
• “When the plaintiff takes the stand and says, ‘here's what happened and here are my injuries,’ they're bearing their soul to the jury.”

⚖️ Aaron D. Boeder, Partner at Salvi, Schostok & Pritchard

• Lawyer representing Tom’s case.
• “There was an independent witness who worked for the forklift company. The defense thought he would help them. … The testimony did not go well for them.”

⚖️ Patrick A. Salvi, Sr. Founder and Managing Equity Partner at Salvi, Schostok & Pritchard

• Lead plaintiff’s lawyer representing Tom’s case.
• “Whenever you go through a trial — which is very intense — a very close relationship develops between the lawyer and the client, because there's so much at stake.”

⚖️ Cesar Salinas, IT Director at Salvi, Schostok & Pritchard

• Recorded and presented video deposition for the trial.
• “You don’t want to interrupt the narrative that the attorneys are trying to play out [which can happen] if things aren't working.”

Plot Points

Lax safety record: The lawyers at Salvi, Schostok & Pritchard set out to prove that GES cut corners with safety procedures, which would justify punitive damages.

The evidence against GES: They discover that GES regularly hired forklift operators who had never been certified, or whose certifications had expired. 

Preparing for trial: The lawyers also prepare Tom for court, so he can be as ready as possible to face the defense’s cross-examination — an intimidating process.

Video evidence: Salvi, Schostok & Pritchard IT Director Cesar Salinas makes a video deposition detailing the impact the accident has had on Tom’s daily life, which is played in court.

Pre-trial homework: Before the trial, the attorneys exchange back-and-forths with the defense and judge, and make sure they have everything ready to present Tom’s case.

A life-changing injury: The defense argues that Tom’s injury wasn’t severe. His lawyers respond that being in pain and struggling to walk every day is life-changing, now and in the long term.

Victim-blaming: The defense argues that Tom was to blame, saying that he knowingly bent down in front of the forklift. But in reality, the driver failed to use a spotter to check his blindspots.

Tom’s chance to speak: Trials put a lot of pressure on plaintiffs: they feel like their integrity is being scrutinized. Tom recounts his experience in court.

The jury deliberates: The lawyers make their closing arguments and the nerve-wracking wait for the verdict begins. But the jury’s decision is not necessarily the end.

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