Aimonette and Wysocki Win Summary Judgment in Subrogation Case
On May 15, 2017 CM partner Greg Aimonette and Ken Wysocki accomplished what some have said is impossible: They obtained summary judgment in their client’s favor on a plaintiff’s subrogation complaint.
Summary judgment was granted for plaintiff, a subrogated insurance client in a matter involving a fire and equipment loss to the insured, a heavy duty equipment leasing company. After the completion of fact discovery and defeating defendant’s Motion to Dismiss, Greg and Ken filed a Motion for Summary Judgment on the Breach of Contract count, a contract that contained some waiver of subrogation language and voluntarily dismissed the Negligence count. Defendants filed a competing Motion for Summary Judgment. Cook County Circuit Court Judge Raymond Mitchell granted summary judgment in favor of our client and awarded the full damages sought based on our insured’s affidavit. The responding defendant had only stated in their summary judgment brief that they would challenge the damages at the time of trial. Thus, the insured’s affidavit stood unrefuted on the amount of damages sustained, supporting a 100% damages award in excess of $300,000. That Motion was granted mere moments before the parties were scheduled to participate in a settlement conference before another judge.
The case, Travelers Property Casualty Company Of America v. ArcelorMittal USA Inc., Case No. 2015 L 006441, was before Judge Raymond W. Mitchell on Commercial Calendar “S”, and the written opinion is available by request.