Significant Case Results
Notable Recoveries and Case Results Obtained by Mr. Acosta
$4 million award in lawsuit over sex abuse from Sugar Grove foster parent:
As published in the Daily Herald Newspaper for Kane County, IL (reporter, Harry Heitzman) on September 25th, 2017
A Kane County judge has awarded $4 million in damages to a man who was sexually abused by a Sugar Grove foster parent in 2004.
The attorney for the victim, identified as John Doe, said his client was vindicated by the ruling even though it will be difficult, if not impossible, to collect the entire amount from Noel F. Buhay, 50, who was convicted earlier this year.
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"As we came out of court, my client felt extremely vindicated that the legal system finally acknowledged the truthfulness of what he was saying, the anguish, pain and stress and anxiety and dysfunction he will suffer," - attorney George Acosta said.
Judge James Murphy awarded $2 million in compensatory damages and $2 million in punitive damages.
Acosta said the judgment came after a hearing Friday in which C. Dion Bush, a licensed clinical psychologist who had treated the victim, testified as to the effects the abuse will have such as PTSD.
"There's a couple avenues we're looking into. Whether we collect 50 percent or 2 percent of it or none of it, a lot was accomplished with the award." Acosta said.
A jury in March convicted Buhay of predatory criminal sexual assault of a child from January 2004 through May 2004. Charges that he sexually assaulted another child from March 2004 through December 2008 are pending.
Buhay is being held at the Kane County jail without bail and is due in court Oct. 13.
Vehicular Collisions:
- $1.75 Million - For a 55 yr. old self-employed home inspector who sustained multiple fractures and life-threatening injuries when a rented moving company truck turned in front of his vehicle in an intersection. The client was pinned within his van while awaiting extraction by first-responders.
- $1.1 Million - For a 50 yr. old auto passenger involved in a low-speed collision who sustained a subtle aggravation to a pre-existing condition of neurologic spasticity (which he had sustained years before in an unrelated injury).
Nursing Home Negligence:
- High 6-figure recovery - For estate of elderly patient with dementia who was sexually assaulted by nursing home orderly (negligent hiring, negligent supervision).
- High 6-figure recovery - For estate of elderly patient with dementia who was dropped during an attempted transfer by a nurse's aid without sufficient support personnel (understaffed) resulting in broken wrist and rib.
Product Liability:
- $500,000.00 - For asphalt paving laborer who sustained burns from a flash explosion caused by faulty re-design of manufacturer's paver machine propane torch design by his employer
Medical Malpractice:
- $2.5 Million - As co-counsel, we helped obtain our 50-year old client a significant and expedited recovery for a delay in properly diagnosing and treating her breast cancer. Her surgeon failed to obtain an appropriate tissue sample in a biopsy and, later, based on the tissue sample tested, incorrectly informed our client that she was "cancer-free." Had an accurate tissue sample been tested, it would have detected early signs malignant breast cancer. The delay in diagnosis negatively impacted her chances of surviving the cancer.
- $1.625 Million - For the widow and son of a public aid patient with intra-cranial swelling who died in the hospital after being pre-maturely transferred out of ICU with inadequate monitoring of his intra-cranial pressure and lowering of the dosage of medication to relieve that pressure.
Insurance Coverage / Bad Faith:
- Significant Insurance Coverage Victory -Successfully litigated in both trial and appellate courts against insurance company's ambiguous policy language resulting in $1 Million coverage limit for our client instead of the $50,000 liability limit listed in the policy's 'step-down' provision. American Service Ins. Co. v. Jones, 401 Ill. App. 3d 514, 927 N.E.2d 840
- Bad Faith Verdict Against Insurance Company - Successfully litigated a bad faith case on behalf of client whose sub-standard insurer illegally attempted to deny him coverage for a claim under his automobile insurance policy. The trial court found that insurer acted in bad faith and in violation of Sec. 155 of the Illinois Insurance Code and awarding attorney's fees, costs and statutory (punitive) damages against insurer.
- Dismissal Obtained For Insurance Company Against Frivolous Bad Faith Claim - When litigants and unethical attorneys fill the courts with frivolous claims, our entire legal justice system suffers. The public loses confidence in the integrity and fairness of the legal process. Public trust in our courts is vital to insuring that our legal justice system continues to be an effective and practical forum for the peaceful and orderly disposition of disputes. Public confidence can only be maintained when meritless claims are shown to be what they are, and are dismissed. Acosta & Associates has been proud to represent responsible and professional insurance company interests over the years against such abusive practices.
Sexual Assault Cases:
- $750,000.00 Clergy Abuse Recovery - recovery against religious order of priest who had molested 3 minors from an immigrant family. The recovery was notable because the claim was made some 30 years after the events had taken place and the Statute of Limitations had long since expired.
- $300,00.00 Recovery Against Parents of Teen-Aged Assailant - recovery against parents of 18 yr. old who hosted gathering of teens at his parents home resulting in a sexual assault of a severely impaired minor. Individual assailants were also required to pay substantial settlement amounts out of their own personal funds to the victim.
Recent Case Results
$300,000.00 settlement in Bicycle vs. Car Collision
Car driver suddenly pulled out into the street from a stop sign immediately in front of our client, a road cyclist, who was approaching the intersection on his bike on the street. Our client sustained multiple facial and dental injuries requiring sinus surgery and (2) dental implants.
$390,000.00 Recovery for Minor Hurt in Water Skiing Accident
We obtained a structured settlement which will insure that our 15 yr. old client will have all of her college costs and expenses covered as they are incurred as well as reimbursing her parents for the significant medical expenses they incurred in ski boat accident.
$370,000.00 Recovery for Theater Patron who Stepped off an Unmarked Step in Darkened Theater breaking her hip
We successfully litigated on behalf of an elderly theater patron who sustained a severe fracture of her hip when she stepped into an unlighted 'hole' or step caused by improperly installed seating in a darkened theater.
$250,000.00 Underinsured 'Policy-Limit' recovery for Car Accident Client with aggravation to a pre-existing disc injury in her neck
After successfully obtaining the at-fault driver's full insurance coverage limit of $100,000.00 for our client, we analyzed our client's rights to receive more of a recovery (another $150,000.00) under her own automobile liability policy pursuant to the 'Underinsured Motorist' coverage.
$225,000.00 Recovery for store Patron who was struck by a revolving door partition
We employed an MIT-trained math and mechanical engineering expert (a Ph.D.) in automatic door failures to inspect and analyze video surveillance footage of the incident. The expert was able to calculate and document an excessive and dangerous rotational speed of the spinning door. After lengthy litigation of an aggressively-defended case, We obtained a settlement on the eve of trial only after demonstrating to the corporate defendant that we were ready to succeed at trial.
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