Rick Capra, Jerome T. Murphy, and Xander M. Landy Secure Dismissal with Prejudice on Behalf of a School District
We are pleased to announce that Tressler attorneys Rick Capra, Jerome T. Murphy, and Xander M. Landy recently secured a dismissal with prejudice on behalf of a school district in a lawsuit arising from a student’s injury involving playground equipment.
The plaintiff alleged that the school district engaged in willful and wanton conduct by permitting a young student to use playground equipment from which the student allegedly fell and sustained injuries. The lawsuit sought to impose liability on the district based on its decisions regarding student supervision and the use of school playground facilities.
In response, the Tressler defense team argued that the school district was immune from liability under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10). Specifically, the defense asserted that the challenged conduct involved discretionary decisions protected by the Act’s discretionary immunity provisions.
The court agreed, finding that the conduct alleged in the complaint fell within the scope of the Tort Immunity Act’s discretionary immunity protections. As a result, the court dismissed all claims against the school district with prejudice.
Congratulations to Rick, Jerome, and Xander on this successful result and their continued commitment to defending school districts and other public entities throughout Illinois.
Rick Capra is Co-Chair of Tressler’s Litigation Practice Group. Rick focuses his practice on the defense of insureds/insurers in the areas of transportation, products liability, toxic tort, and governmental tort immunity. Due to his in-house legal background and corporate insurance experience, Rick brings a deep knowledge of insurance programs and coverages. He provides insurance coverage counseling, and litigation services for a wide range of clients. Rick has successfully defended an extensive number of lawsuits involving fatalities, amputations, and serious bodily injuries. He also has significant experience in the defense of mass tort events. Rick has trial and appellate experience in both state and federal courts. He currently holds the Chartered Property Casualty Underwriter (CPCU) certification in commercial insurance, a professional designation held by less than 5% of all property and casualty insurance professionals.
About Jerome T. Murphy
Jerome T. Murphy is a partner in Tressler’s Litigation Practice Group. Jerome serves his clients in a variety of complex litigated matters involving governmental tort defense, breach of contract, and commercial disputes, indemnity and contribution claims, toxic tort litigation, and defense of personal injury, medical malpractice, nursing home, and wrongful death suits. He also represents buyers and sellers in real estate transactions. Jerome has successfully defended various clients in both state and federal courts and has trial and appellate experience.
About Xander M. Landy
Xander M. Landy is an associate attorney and member of Tressler’s Litigation Practice Group in Chicago. Xander focuses his practice on a wide range of complex civil litigation matters and has a depth of experience in the areas of general liability, including product defense and premise liability defense. He frequently handles trucking and transportation litigation, taking cases from inception to resolution. Xander also has experience defending against civil rights claims in Federal Court.
About Tressler LLP
Headquartered in Chicago, with ten offices located in six states, Tressler LLP is a national law firm comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management, and reinsurance.
In addition, Tressler has one of the most experienced and multi-faceted government law practices in Illinois, and has attorneys who represent clients in commercial litigation, defense litigation, corporate transactions, employment law and litigation, intellectual property, and condominium and common interest community association law.
For more information, please visit www.tresslerllp.com.
