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Skip and Bryan Martin Receive Excellent Appellate Outcome-Reversing Previous Jury Verdict

June 2008

In October 2005, Mr. Skip Martin worked with Mr. Kevin Owens of the Chicago, Illinois ALFA International Firm of Johnson & Bell, Ltd.,  in defending a lawsuit brought against APV Crepaco.  The product involved in the lawsuit was a distillation column that stripped acetone from edible oils.  During a maintenance procedure, the contents of the column erupted, severely burning one individual and killing another.

Conopco, a division of Unilever, settled the two lawsuits with the plaintiffs for a sum in excess of $13 million.  They then filed a third-party action against APV Crepaco and CIS, who was cleaning the column at the time of the eruption.  Conopco sought $7 to $9 million in settlement from APV.  The jury found APV to be 5% at fault, rendering a verdict in the approximate amount of $700,000.  Chicago counsel said this should be considered a victory in Cook County. 

 However, APV had faith that Skip Martin could prevail in the Appellate Court.  Appellate Briefs were prepared by Skip, Kevin and Johnson & Bell’s Appellate Department with Skip and Kevin arguing the appeal in March of 2008.

The Appellate Court has just entered judgment n.o.v. reversing the jury verdict in favor of Conopco, ruling that APV has no liability.  The Appellate Court also reversed the 2% finding of liability against CIS on the basis of improper jury instructions and remanded the case back to the trial court for a new trial between Conopco and CIS.

Congratulations on an excellent result!

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