Burkart Law
Past Victories

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Robert & Johanna King v. Johnny Clemons Jr. (Madison County) 89-L-565
Recovered a $452,544 Jury verdict in favor of plaintiff client for wrongful death of passenger of car negligently crashed by defendent.

Landmark Realty, Inc. v. Carrolwood Center Inc. (Madison County) 91-L-134
Recovered $90,000 for Realtor where owner sold hotel in Troy, Illinois without paying agreed commission on a one-time listing.

Joseph & Mary Dietl v. Nokomis Quarry Company and Material Services Corp. (Montgomery County) 95-L-50
Recovered $100,000 when rock quarry refused to utilize its dust suppression watering system spreading dust on farmer's crops and buildings.

Michael & Linda Alemond v. ALA Builders and Steve Norbury (Madison County) 95-L-1165
Recovered a jury verdict of $94,029 for homeowners when the basement subcontractor built without required steel reinforcement caved in. Home had to be removed from foundation and a new basement poured.

Donald & Martha Hitchens v. Bradford & Nilda Farrell (Madison County) 00-CH-142
Jury verdict in favor of client in boundary line dispute. Successfully defended landowner from new neighbor's claim to 2 acres of land that previous owners and all predecessors in title had recognized as belonging to clients.

Marian Zorich v. Charles Gardner Construction (Madison County) 00-CH-194
After bench trial and appeal claiming inadequate award of damages, recovered $28,000 settlement for completion expenses to a house that the builder abandoned in the later stages of construction.

Bell Redevelopment, Inc. v. Walmart Stores, Inc. (Madison County) 01-CH-211
Recovered $1,570,771.35 for the site contractor and 10 derivative subcontractors for work done on the Highland Walmart Super Center, where the general contractor asserted claims of poor workmanship, and refused to pay.

Alfred & Barbara Bell v. Walmart Stores, Inc. (Madison County) 01-CH-211
In addition to the $1.5 million above, recovered a 2% contract finance charge due one of the site contractor's material suppliers, totaling $218,861.45, when the insurance company that issued the payment bond on the project refused to pay this contract amount.

Fr. Radosevich, Executor of Emma Hoemmen v. Roman Catholic Diocese of Springfield, Illinois (Macoupin County) 02-MR-27
Recovered $90,222.44, plus $6,000.00 in attorney fees, when the workman's compensation insurer of the Diocese failed to pay an award of permanent total disability to the houseworker for St. Michael's rectory after she suffered a fractured hip on the job.

Short Brothers v. Korte-Luitjohan Contractors, Inc. (Williamson County) 02-L-61
Successfully defended a general contractor building the Carterville Elementary School against a claim for $52,000.00 in extras by the asphalt sub-contractor, who wanted to be paid for materials and work supplied at its mistake. Case settled for nuisance amount ($2,000).

Danny & Linda Maroni v. William & Nancy Killion (Madison County) 02-L-1522
Award of $45,000.00 in flood remediation costs from sellers of a $357,000 residence in Jersey County when the sellers concealed past water infiltration into the walkout basement and knowingly lied on the Residential Real Estate Disclosure form. Petition for additur and attorney fees is pending.

Alhambra Care Center, Inc. v. Cardinal Hill Healthcare, LLC., and Cincinnati Insurance Company (Madison County) 02-L-1706
Recovered a jury verdict of $72,784.05 for emergency nursing home care provided by Alhambra Care to the victims of a tornado that struck Greensville, Illinois when the owner of the damaged Cardinal Hill nursing home absconded with Medicare and Medicaid payments made on behalf of the victims.

Tracy & April Watson v. DC Pest Control (Bond County) 03-L-23
Recovered $90,000.00 for first time homeowners when the house they purchased for $82,000 collapsed from termite damage when just months earlier the termite inspector cleared the house prior to closing. The homeowner was able to sell what remained of the property for $45,000.00 for a total return of $135,000.00 on their $82,000 investment.

Tracy & April Watson v. Country Mutual Insurance (Bond County) 03-L-29
Recovered an additional $56,000.00 for attorney fees and other damages from the homeowner's insurance company when it refused to honor its homeowners policy and required the homeowners policy and required the homeowners to prosecute the suit against the termite inspector. Despite the express language of the policy stating that collapse was a covered peril, the insurer claimed it was not covered because it was caused by termites.

Korte-Luitjohan Contractors, Inc., v. City of Vandalia (Fayette County) 03-L-1371
Recovered $79,020.59 for extra material and labor required due to unstable soil conditions the City knew, but failed to tell the contractor about, prior to bidding its west-end water main and sewer project. Settlement included City's agreement to compensate the contractor for all future extras to complete the project, resulting in an additional $144,000 added to the contract price.

Bell Redevelopment, Inc. v. Juneau Associates, Inc. (Madison County) 04-L-1300
Recovered $75,000.00 in costs required to correct parking lot construction at the Walmart Super Center in Highland, Illinois, when the surveyor marked the location of curbs incorrectly.

Mike A. Maedge Trucking v. Barry Hosto (Madison County) 05-LM-2431
Successfully defended a developer against trumped-up claims for extra repairs to subdivision when the streets were dedicated to the public in good condition and became the responsibility of the township.

Howard & Denise Welsch v. Joseph & Eva Podnar (Madison County) 08-AR-33
Successfully defended sellers of a house from buyers’ claims of failure to make disclosures on a Residential Real Estate Disclosure Form, where the sellers did the right thing and clearly indicated on the form that there had been past basement water problems and they were covered by a warranty. The buyers refused to seek the protections of the warranty and chose a different company to correct the water problems. Sellers were found not liable for anything and all court costs (but not attorney’s fees) were assessed against the buyer.

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