Chicago Personal Injury Lawyers

News & Notes

Ken Apicella and Mike Malatesta 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.

Most Recent Trials

Kim v. Club 720, before the Honorable Donald O’Brien.  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.

Mullinax v. Gemini Construction et al, before the Honorable Susan Zwick. 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. Mr. Malatesta obtained a Not Guilty verdict for his client.

Melissa Costello v. Galway Inn Ltd., before the Honorable James McCarthy. 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. Mr. Malatesta obtained a Not Guilty Verdict.

Hico-Flex Brass Company Inc. v. The Standard Companies, before the Honorable Donald J. O’Brien, Jr. The case involved one of the biggest fires in the recent history of the Chicago Fire Department. Several blocks in the Pilsen neighborhood were leveled by this fire. Case was tried to verdict by Kenneth Apicella.

Ejnik v. Wally’s of Park Ridge, before the Honorable John Grogan. 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. Mr. Malatesta obtained a Not Guilty Verdict.

Zdrala v. Byzantium, before the Honorable Judge Daniel Locallo. 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. Mr. Malatesta obtained a Not Guilty Verdict.

Cases in the News

Obrycka v. Abbate and City of Chicago et al. 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. Apicella & Malatesta represent Mr. Abbate in the civil lawsuit filed in federal Court. To see Michael Maltesta on Fox News Chicago: Click here Coverage in the Chicago Tribune: Click here

Harris v. Spies,et al., The civil defense of an Ohio prosecutor accused of malicious prosecution. Succeeded in getting the district court to grant summary judgment based upon discretionary immunity that was later overturned by a divided panel of the Sixth Circuit Court of Appeals. The United States Supreme Court was asked to review the case. Reported in the Chicago Tribune, May 2008.

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

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Notable Cases

Obrycka v. Abbate and City of Chicago et al. 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. Apicella & Malatesta represent Mr. Abbate in the civil lawsuit filed in Federal Court.[read more]