PROFILE OF KILGALLON LAW OFFICES
218 N. Jefferson Street, Suite 400
Chicago, Illinois 60661
Phone (312) 379-0379/Fax (312) 379-0623
Email: Mkilgallon@k-claw.com
KILGALLON LAW OFFICES was originally a spinoff from Hinshaw & Culbertson under the name of Kilgallon, Carlson & Simkus in October 1995. Since that time, Carlson and Simkus have started their own firms. KILGALLON LAW OFFICES has remained, as Michael B. Kilgallon did at Hinshaw & Culbertson, a tort defense firm since 1995.
Michael B. Kilgallon is the sole partner, James G. Baller is the associate and there are two support staff all ofwhich would work on Metropolitan Pier and Exposition Authority matters. However, per MPEA' s requirements, as with all other clients; Kilgallon Law Offices does not bill for secretarial or paralegal time.
Michael B. Kilgallon has been handling tort defense since being admitted to the bar in 1984. He originally worked in the Tort Department at the City of Chicago Corporation Counsel's Office for a little over a year, then as a tort lawyer at John M. Falasz & Associates for a little over a year, then joined Hinshaw & Culbertson where he worked for nine years and became a capital partner at Hinshaw & Culbertson, all nine years being spent in tort defense work. Among numerous insurance clients, at Hinshaw & Culbertson, Mr. Kilgallon represented the City of Chicago and numerous other municipalities through various insurance programs. Since starting Kilgallon, Carlson & Simkus and through the change of name to Kilgallon Law Offices, Mr. Kilgallon has continued exclusively handling tort defense cases for numerous insurance clients, self insureds, including, among others, Andover Insurance Companies, Markel Insurance Company, QBE Insurance Company, AIG, Network Adjusters, Inc., Rockville Risk Management Associates, YMCA of Metropolitan Chicago, Avis Rent-A-Car, and numerous other companies over the years. Mr. Kilgallon has particularly specialized in not only products liability and construction law, but premises liability and has authored articles for IICLE on premises liability cases.
In particular, with regard to Metropolitan Pier and Exposition Authority, Mr. Kilgallon has represented the Metropolitan Pier and Exposition Authority in numerous cases on a continuous basis since 1996. Not only has Mr. Kilgallon represented the Metropolitan Pier and Exposition Authority at the trial level in numerous cases but has also represented the MPEA on appeal in several key cases which have ended in beneficial preced nt on behalf of the MPEA including decisions, copies of which are attached to this Request for Proposal, Wallace v. Metropolitan Pier and Exposition Authority. in which case the Appellate Court held that Navy Pier was recreational property as a whole under Section 3-106 of The Tort Immunity Act and, thµs, a plaintiff would have to prove willful and wanton conduct relative to a claim of injury due to a condition of the property rather than just prove negligence, and Gusich v. Metropolitan Pier and Exposition Authority, in which the Metropolitan Pier and Exposition Authority's summary judgment was affirmed by the Appellate Court under Section 3-108 of The Tort Immunity Act whereby the Appellate Court ruled that the MPEA, despite evidence that the MPEA told the cleaning company before the trade show being set up at the time, the Hardware Show, to not clean an area where the plaintiff allegedly slipped on debris and fell off a loading dock, could not be held liable for negligent supervision under Section 3-108 of The Tort Immunity Act, a copy of which decision is also attached to this Request for Proposal.
In addition, Mr. Kilgallon won at the trial court and at the Appellate level a case entitled International Memory Products v. MPEA, a property damage case whereby expensive computer equipment was damaged allegedly due to wind coming in to McCormick Place during-a-move in of a show and knocking over computer equipment during a set up of a trade show under various sections of The Tort Immunity Act, although that decision was a Rule 23 decision which is not precedent.
Mr. Kilgallon has tried over 30 jury trials to verdict and obtained either not guilty verdicts or verdicts less than the amount offered to settle the case in 90% of those jury trials, as well as, as indicated above, handling appeals on behalf of numerous clients as well as the MPEA.
James G. Baller has also tried numerous cases to verdict with excellent results and has concentrated in tort cases almost exclusively in his 21 year career as a lawyer. Mr. Baller has also represented clients in construction cases, auto cases, and premises liability cases.
EXPERIENCE AND PAST PERFORMANCE
With regard to specific experience and past performance relative to municipal corporations, Mr. Kilgallon, as indicated under his profile above, worked in the Tort Department at the City of Chicago handling over 300 Law Division tort cases at a time, for over a year, then represented the City of' Chicago and numerous other smaller municipalities through various insurance programs including Martin Boyer's insurance program, while an associate, junior partner and then capital partner at Hinshaw & Culbertson for nine years, and then has represented Metropolitan Pier and Exposition Authority, as well as, again through insurance programs, the Chicago Park District, and the City of Chicago, in numerous cases since starting his own firm in 1995. Mr. Kilgallon still is handling tort defense of cases for the Metropolitan Pier and Exposition Authority.
In addition, as indicated above in the profile oftlre firm, Mr. Kilgallon has not only represented the Metropolitan Pier and Exposition Authority since 1996 in numerous tort defense cases but has handled cases that were won at the trial level and then has handled the appeals on those cases which resulted in precedents which were beneficial in preventing future law suits and in limiting future liability of the MPEA. These cases include Wallace v. Metropolitan Pier and Exposition Authority. a case in which Navy Pier was held to be recreational property under Section 3-106 of The Tort Immunity Act, and Gusich v. Metropolitan Pier and Exposition Authority. a case in which summary judgment for the MPEA was affirmed by the Appellate Court based on Section 3-108 and the immunity provided in that section of The Tort Immunity Act for a failure to supervise activities on or the use of public property during a move in of a trade show at McCormick Place. Copies of both those decisions are attached to this Request for Proposal.
A reference from the MPEA relative to Mr. Kilgallon's tort defense work on behalf of the MPEA is Daniel Blondin, Staff Counsel, MPEA, 301 East Cermack, Chicago, IL 60616, dblondin@mpea.com, (312) 791-6092, and also, Kathi Forte, representative of K&K Insurance Company handling the MPEA' s account at that company, 1712 Magnavox Way, P.0. Box 233 8, Fort Wayne, Indiana 46801-23 38, kathi_forte@kandkinsurance.com, (574) 848-58 89. A reference from the City of Chicago relative to Mr. Kilgallon representing the City of Chicago through insurance programs includes Kathleen Wengel, Senior Counsel Torts Division, 30 N. LaSalle Street, Ste 800, Chicago, Illinois 60602 (312) 744-0419.
