HOW TO HANDLE THE MIDNIGHT CALL:  A PANEL DISCUSSION 

HOW TO HANDLE THE MIDNIGHT CALL: A PANEL DISCUSSION Presented and Prepared by:
Edward M. Wagner
[email protected]
Urbana, Illinois • 217.344.0600
Stephen J. Heine
[email protected]
Peoria, Illinois • 309.676.0400
Mark D. Hansen
[email protected]
Peoria, Illinois • 309.676.0400
Michael J. Denning
[email protected]
Rockford, Illinois • 815.963.4454
Ann C. Barron
[email protected]
Edwardsville, Illinois • 618.656.4646
Heyl, Royster, Voelker & Allen
PEORIA • SPRINGFIELD • URBANA • ROCKFORD • EDWARDSVILLE • CHICAGO
© 2014 Heyl, Royster, Voelker & Allen
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HOW TO HANDLE THE MIDNIGHT CALL: A PANEL DISCUSSION
FACT PATTERN ........................................................................................................................................................ G-4
INVESTIGATION OF CATASTROPHIC ACCIDENTS
(materials prepared by Joseph G. Feehan, Peoria Office)
I.
INTRODUCTION........................................................................................................................................... G-5
II.
COORDINATION OF THE INITIAL INVESTIGATION ........................................................................ G-5
III.
THE INITIAL INVESTIGATION .................................................................................................................. G-6
A.
B.
C.
The First Call ................................................................................................................................... G-6
Immediately Notify Insured’s Management or Employer............................................. G-6
Gather Data and Evidence at the Accident Site ................................................................ G-6
1.
2.
3.
4.
5.
6.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
IV.
Time and Location ........................................................................................................ G-7
Accident Scene ............................................................................................................... G-7
Parties Involved .............................................................................................................. G-8
Witnesses, Law Enforcement, and Emergency Responders .......................... G-8
Vehicles Involved and Property Damage ............................................................. G-9
Injuries and Fatalities .................................................................................................G-10
Respond to the Injured ............................................................................................................G-10
Secure the Accident Scene .....................................................................................................G-10
Accident Reconstructionist and Other Experts ...............................................................G-11
Alcohol and Drug Testing .......................................................................................................G-11
Care and Support for the Insured Employee(s) ..............................................................G-11
Obtain Witness Statements ....................................................................................................G-13
Secure Documents .....................................................................................................................G-13
Secure Vehicle Data Recording and Computer Devices..............................................G-14
Obtain Reports and Evidence from the Authorities ......................................................G-15
Internet Resources-Social Media .........................................................................................G-15
Monitor Local News Media ....................................................................................................G-16
CONCLUSION .............................................................................................................................................G-16
G-2
BUILDING A SOLID FOUNDATION FOR DEFENSE: STATEMENT TAKING TECHNIQUES
(materials prepared by Heidi E. Ruckman, Rockford Office)
I.
THE FIRST BATTLE .....................................................................................................................................G-17
A.
B.
II.
Introduction..................................................................................................................................G-17
What Kind of Statement to Take ..........................................................................................G-17
THE TACTICAL DECISIONS .....................................................................................................................G-18
A.
Why Take a Statement .............................................................................................................G-18
1.
2.
3.
B.
Fact Finding Mission ..................................................................................................G-18
Lock in Parties’ and Witnesses’ Version of the Incident ...............................G-18
Assist With Initial Case Assessment .....................................................................G-18
Whose Statement Should Be Taken ....................................................................................G-19
1.
2.
3.
Plaintiff/Claimant .........................................................................................................G-20
Defendant/Insured .....................................................................................................G-20
Witness ............................................................................................................................G-20
C.
When to Take the Statement .................................................................................................G-20
D.
How to Take the Statement ...................................................................................................G-21
1.
2.
3.
4.
Prepare an Outline, But Do Not Feel Like You
Can’t Deviate From It .................................................................................................G-21
Medical Treatment/Injuries .....................................................................................G-22
Determine the Current Status ................................................................................G-23
Closing Out the Statement ......................................................................................G-23
The cases and materials presented here are in summary and outline form. To be certain of their applicability and use
for specific claims, we recommend the entire opinions and statutes be read and counsel consulted.
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FACT PATTERN
The insured is Don Driver. Driver is a truck driver for ACME Trucking Company, Inc. He is hauling
a load of hogs to a meat packing plant. He is driving a 2008 semi-truck. He is within the scope of
his employment at all times. There is adequate insurance coverage for Driver and ACME
Trucking.
The semi-truck Driver is driving was recently in the shop because of issues with the brakes.
ACME sent the truck to an independent dealer for the specialized repair/replacement work on
the brakes. This is the first time Driver has driven the truck since it was put back into service.
At approximately 10:30 a.m., Driver is driving down a busy four-lane highway through a small
midwestern city. He is in a busy commercial area. There is a large mall, fast food restaurants, gas
stations, and other similar businesses on either side of the highway. There is a charity car wash
for a local church youth group in the mall parking lot near the point of the accident. The mall
parking lot where the car wash is taking place is on Driver’s left.
As Driver enters an intersection near the mall, his cab is struck by a car from his right. Both
drivers claim to have had a green light. The impact causes Driver’s truck to careen to the left
toward the area where the car wash is taking place. He claims to have hit the brakes, but the
truck does not stop. He crashes into the area where the car wash is taking place. There are two
fatalities and numerous injuries at the car wash.
Additionally, as Driver’s truck is bouncing over the curb toward the area of the car wash, the rear
doors of the trailer break open. The hogs in the trailer are freed and begin to run through the
parking lot and onto the highway. This causes a number of additional car accidents with minor
injuries and property damage.
One witness claims to have overheard Driver say that he was texting his wife at the time of the
first collision. Driver denies texting or otherwise using his cell phone while he was driving.
Several weeks before the accident, Driver received a card from his doctor allowing him to use
medical marijuana for anxiety. Driver admits to smoking marijuana the night before the accident.
However, he denies being under the influence at the time of the accident.
The truck is in relatively good condition after the accident. A representative of ACME Trucking is
present at the scene of the accident and wants the truck to be put back into service as soon as
possible.
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HOW TO HANDLE THE MIDNIGHT CALL: A PANEL DISCUSSION
INVESTIGATION OF CATASTROPHIC ACCIDENTS
(materials prepared by Joseph G. Feehan, Peoria Office)
I.
INTRODUCTION
When a catastrophic accident occurs, prompt and efficient collection of evidence is critical to
minimizing liability exposure. Within 24 hours of the incident, if the fieldwork has not begun, the
evidence begins to fade away. Weather conditions, emergency personnel, law enforcement, and
other factors can quickly change the accident scene and may remove critical pieces of evidence.
Witnesses’ memories of specific details begin to fade as the accident is no longer fresh. As time
elapses following the accident, the who, what, when, where, why, and how of a catastrophic
accident become unattainable.
With proper planning and coordination, accident investigators can maximize the collection and
preservation of critical pieces of evidence. At the same time, prompt action can minimize the
potential for making common investigation errors. The key is to develop a thorough method for
collecting reliable, clear, and comprehensive information about an accident which will allow for
an early evaluation of liability and damages.
II.
COORDINATION OF THE INITIAL INVESTIGATION
It may be advisable to designate an “investigation coordinator” to oversee the initial
investigation in order to eliminate confusion and redundancy. It is often prudent to promptly
retain the services of an attorney and a law firm with experience in handling the initial
investigation, as well as the defense of catastrophic accidents. The benefits of involving an
attorney from the very beginning of the investigation include:

Coordination of investigative efforts to reduce duplicate and unnecessary investigation
during the critical initial stages;

Assistance with the assignment and hiring of claims
reconstructionists, and other specialized investigators or experts;

Undertake necessary action to ensure the preservation of helpful evidence at the
accident scene and to avoid spoliation of evidence;

Protection of all communications concerning the investigation via the attorney-client and
attorney-work product privileges; and
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adjusters,
accident

Formulate an initial evaluation of the potential liability issues and gear the investigation
toward the defense of impending litigation.
It is helpful to have a list of attorneys and law firms prepared in advance by state and locality,
along with contact information. Retain a law firm that has the resources which are required to
promptly coordinate the investigation and the experience to ensure that the necessary
components are in place to successfully complete the initial investigation, including retention of
highly qualified experts.
III.
THE INITIAL INVESTIGATION
A.
The First Call
The first call usually comes from the insured driver, employee, company, or law enforcement
officials.
Obtain preliminary facts from these individuals and entities, such as:

Whether the accident involved any injuries or fatalities.

Extent of property damage – to vehicles, equipment, buildings, and products.

Location, type, and configuration of accident scene.

Accident conditions, i.e., weather, time of day, lighting, road and traffic conditions, etc.

Details of the accident, i.e., location of vehicles, equipment, buildings, or products
involved, identification of witnesses, nature and extent of physical evidence, etc.

Existence of photographs, cell phone images or videotapes.
B.

Immediately Notify Insured’s Management or Employer
Compile a list of home, office, fax, e-mail, pager, and cell phone contacts for the insured
company officials who will serve as contacts and assist throughout the investigation.
C.
Gather Data and Evidence at the Accident Site
Depending on the severity of the accident, promptly retaining an accident reconstructionist,
engineer, or other experts/investigators can aid tremendously in determining exposure, event
chronology, and necessary additional investigation. After obtaining the preliminary facts, the
investigation moves to the scene of the accident where there are crucial pieces of evidence that
must be secured and preserved as soon as possible.
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1.
Time and Location

Date and time of the accident

Precise location: state/county/township/city; route or street, street address; building
identification or name; intersection or junction of routes; distance from nearest
community; distance from mile markers, utility poles, highway bridges, etc.
2.
Accident Scene
(a)

Get to the scene as soon as possible to determine the physical factors and/or traffic
conditions that may have played a role in causing the accident.
(b)

Time is of the Essence
Construct a Chronology
Obtain statements from witnesses to determine the sequence of events. If the incident
was a car or truck accident, obtain information on the directions of travel of each vehicle
to the point of impact and from the point of impact to its final resting place.
(c)
Measurements

Width of the traffic lanes or highway, clearance between parked vehicles, buildings,
traffic islands, or other obstructions.

Distance of the site of the accident or point of impact from identifiable stationary
objects, such as telephone poles, fire hydrants, mile posts, etc.

Length of skid marks and direction the vehicles traveled after the point of impact.

Distance from the point of impact to detached parts of vehicles and to the point all
vehicles came to rest.
(d)
Photographs/Videotapes

Scene from various angles.

Resting position of vehicles, equipment, products or other physical evidence involved.

Damage to all vehicles, property, buildings, equipment, products or other physical
evidence involved.

Pre-accident paths of the vehicles, i.e., tire tracks, skid marks, fluid trails, etc.
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
Area where debris landed.

Avoid gory photographs of injured parties and ambulance crew and vehicles.

Determine existence of security video.

Potential Police/Fire Department computer evidence and vehicle generated video.

Cell phone photographs/video.
(e)
Record Road, Traffic, Weather, and Lighting Conditions
(f)
Electronic Data

Potential computer forensic expert.

Preserve cell phones, laptops, tablets and all mobile devices.

Preserve any type of computer and their memory.
3.

Parties Involved
Names and addresses of:
–
–
–
Injured party(ies), co-workers, supervisors, other potential witnesses.
Owners, drivers, and passengers of all vehicles involved.
Owners of all other property involved.

Determine the location and activities of each party before and after the accident.

Determine which parties sustained injuries.

Identify fatalities and try to determine whether they survived the accident for any period
of time.

Identify name of insurance company for any possible adverse driver.
4.
Witnesses, Law Enforcement, and Emergency Responders
Witness Statements: The most important information about an accident usually comes from
witnesses. Therefore, witness statements are vital to the investigation.

Allow the witness to tell his/her own story and then ask clarifying questions.

Interview witnesses separately.
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
Do not reveal the name or testimony of one witness to another.

Determine the source of the witness’ information, whether it is from first-hand
observation or hearing from another witness.

Obtain a signed or recorded statement from each witness, if appropriate.
Information to obtain:

Names and addresses of individuals first on the scene.

Interview investigating police officers and any state or federal agency officials (i.e., OSHA,
DOT, State Fire Marshal, EPA, etc.) to determine their initial opinions, if they
photographed the scene, their level of expertise in accident reconstruction, and if they
surveyed the area. Also, obtain the name, badge numbers, and address of each law
enforcement or agency official.

Identify the ambulance service and emergency technicians.

Identify fire and rescue personnel on the scene.

Identify wrecker or towing service and their employees to determine the condition of the
vehicles/cargo/equipment/debris transported and whether further damage was
sustained during transport.

Describe witnesses who refuse to identify themselves, i.e., license plate info, physical
characteristics, etc.
5.

Vehicles Involved and Property Damage
Insured vehicle:
–
–
Make, model, year of manufacture, serial number, body type, type of cargo, and
gross weight.
Identify each vehicle in a combination unit, i.e., tractor, trailer, etc.

For any vehicles operated by a motor carrier, obtain the certificate or permit number
issued by the U.S. Department of Transportation or state agency.

For any leased vehicles, record the names and addresses of both the lessor and lessee.

If a vehicle is a bus, obtain the information listed above, as well as the number of
passengers on board, a list of the passengers, and a diagram showing where each
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passenger was sitting or standing. It is important to obtain an immediate count of
passengers.

If a vehicle is a passenger car or other small vehicle, record the make, year of
manufacture, VIN number, body type, and current license number.

Describe and photograph the damage:
–
–
–
sustained by each vehicle involved;
to any cargo in any vehicle; and
to any real property.

Estimate the dollar value of damage to each vehicle, its cargo, and other property
damage.

Determine the cause of damage to each vehicle and related property.
6.
Injuries and Fatalities

Obtain name, address, sex, age, marital status, number of dependent children, and
employment status of each injured person.

Describe the nature and extent of injuries.

Obtain the name of the doctor and hospital involved in the initial treatment. Describe the
nature of the treatment administered. If possible, identify the treating physician(s).

For fatalities, obtain the clinical cause of death and events that established the cause of
death.

Obtain the date and place of death for each person killed, including persons dying at a
later date from injuries sustained in the accident. Possible sources of information include
obituaries, newspaper articles, and autopsy or medical examiner’s reports.
D.
Respond to the Injured
Respond to the injured by determining the extent of the injuries and obtaining appropriate
medical care.
E.
Secure the Accident Scene
Secure the accident scene in coordination with local law enforcement to prevent further
accidents, injuries, damage, and to preserve the evidence.
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F.
Accident Reconstructionist and Other Experts
The retention of an accident reconstructionist, engineer, or other appropriate expert should be
made by or with the defense attorney so that any potential privileges will be preserved.
G.
Alcohol and Drug Testing
In trucking accidents, Federal Motor Carrier Regulations require that employers must conduct
alcohol testing within eight hours of the accident and drug testing must occur within 32 hours
of the accident. If the tests are not completed within the time requirements, the trucking
company must maintain a file with documentation of the reasons why the tests were not
administered.
Testing must be completed for the truck driver if:

The accident involved the loss of human life or

The driver received a citation within eight hours of the accident under state or local law
for a moving violation, if the accident involved:
–
–
bodily injury to any person who immediately receives medical treatment away from
the scene of the accident; or
one or more of the vehicles involved in the accident incurred disabling damage such
that the vehicle had to be towed or transported away from the accident scene.
Federal law sets forth the requirements for drug testing in the Code of Federal Regulations, 49
C.F.R. § 382.303. Proper procedures should be in place that go to great lengths to complete
these tests in order to avoid later accusations and allegations by potential plaintiffs.
Alcohol and drug testing should also be considered in other catastrophic accidents. Frequently,
law enforcement or other governmental officials may request that the plaintiff or the insured’s
employees undergo testing. Even if such tests are not always required, it may be helpful to show
that your insured’s employee or driver was not under the influence.
H.
Care and Support for the Insured Employee(s)
By the time the attorney or the claims adjuster comes into contact with the insured, the
employee(s) involved frequently has already given a statement to the police or other
governmental agency. Unfortunately, employees involved in accidents are often in a high level
of mental and emotional distress. As a result, their statements or representations are often
incoherent, full of remorse, or distorted by their state of mind. For better or worse, statements
made by such employees often become the most significant version of events due to their
proximity in time with the accident. Other than the information required by law enforcement, it
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is imperative that the insured employee(s) should not give any written or recorded
statements.
An experienced claims handler and/or attorney can work to protect the employee(s) from
making spontaneous, emotional and discoverable admissions and speculations. Also, in the
event of possible criminal charges, the attorney can retain criminal defense counsel to protect
the employee(s) rights.
Consider the following in dealing with the insured’s employee(s):

Determine whether the employee needs medical attention.

Contact the employee immediately and assure them that you are on their side.

Arrange for the employee to authorize and submit to alcohol and drug testing.

Determine if the employee needs counseling; refer him to his employer’s Employer
Assistance Program.

Evaluate the content of any statement given by the employee to the investigating law
enforcement authorities and to any other parties.

Obtain the employee’s own account of the accident, including the chronological events
leading up to the accident, and facts leading to the cause of the accident; and, if feasible,
retain defense counsel to obtain privileged statement.

Determine the location of documents related to the vehicle, equipment or product
involved.

Obtain authorization from the employee for release of their medical records, determine if
he suffers from any medical conditions or wears glasses or contacts.

Obtain employee’s personal contact information.

Advise employee on how to deal with and refer all inquiries from the media.

Explain to the employee what to expect if a civil suit is filed or if criminal charges are
made against him.

Determine if the employee received a citation or ticket and if so, make arrangements to
respond to the citation or ticket.

Determine if criminal charges have been filed and make arrangements for a defense, if
appropriate.
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
Determine if there were any maintenance, mechanical, or operational problems
experienced before the accident with the vehicle, equipment, or product involved.

Review employee personnel file for any prior discipline or similar conduct.
I.
Obtain Witness Statements
Often, the most important source of information comes from persons who were involved in
investigating or responding to the scene. Preliminary facts that may not be ascertainable at a
later date, such as condition of injured parties, initial statements, physical evidence, roadway and
weather conditions, status of the vehicles, equipment or product, etc. are essential.
Statements should be obtained from the following persons:

Insured employees

Company employees on the scene

Law enforcement

Emergency responders: fire and EMT

Eyewitnesses
J.
Secure Documents
Documents often serve as key pieces of evidence in litigation. They contain information that may
reveal confidential information or information that may lead to liability. Some documents may
be protected by a privilege, which would prevent disclosure to plaintiffs. However, many
documents are not privileged, and may later be subject to a spoliation claim if the documents
are not secured from the very beginning of the investigation and then preserved.
Even if litigation is uncertain, it is still worthwhile to secure the following documents:

Driver’s logs for 30 days prior to the accident.

Equipment inspection reports for 30 days prior to the accident.

Dispatch records relating to the driver for a week prior to the accident.

Bills of lading and shipping documents for the trip involving the accident.

Fuel receipts for 30 days prior to the accident.
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
Weight tickets for at least one week prior to the accident.

Toll receipts for at least one week prior to the accident.

All maintenance files for the vehicle, equipment, or product involved.

Employer’s investigation file, including photographs and statements, secured by its own
employees.

Employer’s policies, procedures, and training materials in force at the time of the
accident.

Information relating to the insured’s employees:
–
–
–
–
–

K.
licenses, qualifications and credentials.
drug and alcohol testing results.
payroll records for 30 days prior to the accident.
cell phone records for the month of the accident.
any disciplinary record in personnel file.
all prior IDOT Physical Examination results.
Secure Vehicle Data Recording and Computer Devices
Heavy trucks manufactured after the mid-1990s are likely to be equipped with on board
electronic control modules (“ECM”), which record the truck’s movements prior to the accident.
Similarly, some trucks may be equipped with global position systems (“GPS”), which can
calculate the exact positioning of a truck. Passenger cars also have technology that can provide
useful accident information. Some newer cars contain a car data retrieval (“CDR”) system that
downloads information from the air bag control system. All these computer devices can provide
critical information such as the speed of the vehicle, the driver’s actions leading up to, during,
and after an accident.
Likewise, many other types of products and equipment (i.e., tractors, combines, large machinery)
contain similar types of computer generated information stored in devices on the equipment.
In order to preserve this type of evidence, consider the following steps:

After the vehicle, equipment or product is released by the authorities, secure it until a
technician can download the ECM data.

During the retrieval of the information, have a videographer record the effort and a court
reporter present to swear in the technician to establish on the record his qualifications
and procedures in downloading the data.
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
After downloading, secure a digital and hard copy of the data.

Contact the insured company to determine if they have any GPS or other digital data.

Contact the owner of any cars or other passenger vehicles involved in the accident and
try to reach an agreement to preserve and obtain the CDR information. Deliver and serve
upon any other drivers, and their insurers, a request and demand to preserve all data
recordings and the recording devices, as well as all vehicles.
L.
Obtain Reports and Evidence from the Authorities
Another source of critical evidence and data is the investigating law enforcement agencies.
Beyond the police report, documents from state agencies and other authorities may provide
important information. Obtain the following documents from the appropriate authorities:

Any commercial motor vehicle inspection reports regarding the working condition of the
equipment.

Any citations issued by IDOT, other state agencies, or other local law enforcement
officials.

Preliminary, final, and supplemental accident reports.

Any photographs or diagrams of the scene and the objects involved in the accident.
Local authorities often collect and preserve nearby surveillance video which can be
obtained by proper request.

Any accident reconstruction files generated by authorities with such expertise.

Official weather reports.

Death certificates, autopsy reports, inquest hearing transcripts and coroner’s
photographs.
M.
Internet Resources-Social Media
Investigate parties and witnesses through Facebook, MySpace, Twitter, Snapchat, Instagram, and
other online resources and social media sites.
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N.
Monitor Local News Media
Check, preserve and duplicate any print and on-line news articles and photographs for this news
story from local newspapers and radio stations. Obituaries should also be reviewed and
preserved.
IV.
CONCLUSION
A catastrophic accident can occur at any time. Conducting a thorough initial investigation is
critical to preserve the evidence which will serve as the foundation of the ongoing investigation
and potential litigation.
In order to conduct the initial investigation, claims handlers should prepare and plan the
procedures for conducting the investigation in advance. It is advisable that claims adjusters
compile emergency contact information for their insureds. A roster of attorneys and
independent adjusters by state and locality should be kept to allow for immediate access to
investigation coordinators and investigators after a major accident.
A prompt and thorough investigation will allow you to gain an advantage in avoiding mistakes –
which could otherwise result in unfavorable factual surprises later on, during litigation.
Investigating and preserving the evidence will enable you mitigate damages by settling the case
early; laying the foundation for a defense to avoid prolonged litigation; and the opportunity to
reduce the risk of a negative outcome in the event the case goes to trial.
G-16
BUILDING A SOLID FOUNDATION FOR DEFENSE:
STATEMENT TAKING TECHNIQUES
(materials prepared by Heidi E. Ruckman, Rockford Office)
I.
THE FIRST BATTLE
A.
Introduction
Many plaintiffs’ firms warn their potential clients about providing a recorded statement to
insurance companies. One firm wrote on its website, "never give an adjuster a recorded
statement.” “They will use it against you." It went on to inform would-be clients that insurance
companies will not even give them a copy of their own statement until they litigate against
them.
Another website called settlementcentral.com, informed readers that an insurance company will
try to get their statements “under the ruse” that it needs their version of the accident for its
records to confirm liability against their insured and that the insurance company will claim it
needs their medical information and records to make the injured a fair settlement offer.
However, it warned people not to give a recorded statement to anyone. It explained on the
website that this is because “most people” do not "think very well on their feet" and "tense up
under the pressure of answering questions for a recording." It warned individuals that they may
forget important things that should be included in the statement. Likewise, it warned them that
“the adjuster is your adversary" and should always be treated as such.
Furthermore, there are advertisements which coach people on how to provide written
statements to insurance companies. At ehow.com, the site informs the injured party that he/she
should always talk to an attorney first, never admit guilt, do not apologize as it may be used
against them, do not give specifics about their injuries, and do not inform insurance companies
about their doctor's name or location. It advises the person to present factual, but general
information as "going into detail could give the insurance company ammunition to use against
you."
B.
What Kind of Statement to Take
An adjuster can obtain a written statement or a recorded statement. Although there are benefits
and drawbacks of both, a recorded, transcribed statement is preferred. First, you have more
control over the statement being provided. You can ask the questions and follow up on matters
which are not clear or you feel may need further explanation. Second, you are ensuring the
statement will be completed. Many times when an individual is asked to provide a written
statement, even if it consists of answering questions about the incident, they will fail to
complete all of the questions, may not return it, or may be getting "assistance" or coaching from
others, including an attorney. Therefore, a recorded statement will allow you to obtain
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information about the accident, potential witnesses and alleged injuries within a relatively short
period of time.
II.
THE TACTICAL DECISIONS
A.
Why Take a Statement
When a new file is assigned to an attorney, the key documents used to assist with the initial
development of a defense strategy frequently includes the transcribed statements of the parties
and witnesses. This is especially true when a police report has not been generated, no medical
records have been obtained, or the alleged damages consist of property damage.
1.
Fact Finding Mission
A statement allows the defense to gather information about the claim. Statements are often
taken soon after the accident, when the facts and/or memory of the accident is the clearest. Of
equal importance, if the claimant has not consulted with an attorney, he or she may be more
willing to speak freely about the accident and his/her injuries. This is an opportunity to obtain
information about the claimant’s background, events leading up to the accident, the accident
itself, property damages, whether any photographs exist, physical injuries, medical treatment the
claimant has received, whether the claimant is unable to work as a result of the injuries, and
whether there are any witnesses who could be contacted.
2.
Lock in Parties’ and Witnesses’ Version of the Incident
Although these statements are not provided under oath, they help "lock in" party or witness
testimony. They can be used to challenge a party's recollection at a later date during the
discovery deposition when testimony conflicts with information he/she provided in the
statement. For example, during a deposition, if a plaintiff suddenly remembers that the
defendant was driving 25 miles per hour at the time of the impact, but advised in his earlier
statement that he did not know or did not see the defendant prior to impact, the statement can
be used to press him on cross examination. Examination during the deposition can establish that
the plaintiff did not know the speed when he first gave a statement, at a time which was closer
to the accident, when his memory would be more clear. Likewise, if a plaintiff provides a
statement that he was not injured or only injured a particular area of his body, but then claims
additional injuries once suit is filed, the statement can be used to challenge these allegations.
3.
Assist With Initial Case Assessment
A statement also assists with formulating the initial assessments of the plaintiff's claim. You, as
the adjuster, have the first opportunity to speak with the claimant and begin to assess his/her
credibility. Is he/she an articulate individual who will make a good witness? What is his/her
background? Is this person now unable to work due to his/her injuries or a parent who is now
injured and unable to care for his/her children, etc. Based on the person's description of their
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injuries, one can evaluate if the injuries consist of soft tissue injury that may require conservative
treatment and be resolved in four to six weeks or whether it is a cervical fracture which may
require surgical intervention. The foundation for these initial determinations begins with the
gathering of essential information during the statement taking.
Conflicting statements offered by witnesses and parties as to who had a green light, whether the
pedestrian darted out in traffic, outside of the cross walk, while wearing dark clothes at night,
will assist with evaluating whether liability rests with the insured. These witnesses may be listed
on the police report, but it is not until they are asked specific questions regarding their
recollection of the accident or the speed of the vehicles that one will really be able to assess the
potential issues pertaining to the insured's liability. Of equal importance, when obtaining a
statement from the insured it is important to determine whether the insured was issued a
citation as a result of the accident and whether he/she pled guilty. Although a guilty plea can
sometimes be explained away, many times certified copies of the convictions are used by a
plaintiff at trial as evidence of negligence. Again, all of this information provided prior to
commencing with formal discovery can be used to determine liability.
The information obtained in a statement will allow both an adjuster, and if suit is filed, an
attorney, to assess the strengths and weaknesses of a claim. It will also help with determining a
defense strategy. Is this a case which will be settled or litigated? Are there affirmative defenses
which can be alleged with the answer? Affirmative defenses can be pled without leave of court
when filed with the answer. The information contained in a statement often provides the initial
basis for those affirmative defenses. The information contained in the statement also highlights
to an attorney issues which should be further explored during discovery depositions so that
testimony and/or admissions can be obtained in order to support potential counterclaims
against co-defendants, possible third party complaints, or dispositive motions.
B.
Whose Statement Should Be Taken
There are no hard and fast rules which dictate whose statements should be taken. An adjuster
can use the information reported with the claim, the police report or the information provided
by the insured to determine whose statement should be taken. A witness’ statement should be
taken for several reasons. First, it allows the defense to learn what these witnesses will most
likely testify about. This information can be used to assist the attorney in determining whether
or not the discovery deposition of these individuals should be taken. Although this decision to
take a discovery deposition typically does not apply to the parties, it is very important when it
comes to deciding whether or not to take the deposition of a witness when there is a cost
associated with doing so (i.e. attorney's fees, court reporter, etc.), when you have no reason to
believe the witness' testimony will be any different from what was provided in the statement, or
the statements will be harmful to the insured's position. As such, an attorney may decide the
drawbacks of taking the deposition will outweigh any positive ground that may be gained and
decide not to take the deposition. The information contained in the statements provide an
attorney with a "snap shot" of what to expect and as such, will assist with framing issues and
determining what information should be obtained from a witness or a party.
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1.
Plaintiff/Claimant
No matter what type of claim, the plaintiff's/claimant’s statement is extremely important. This is
an opportunity to speak directly with the plaintiff/claimant shortly after the incident. You can
obtain information regarding the alleged injuries and medical treatment plaintiff/claimant has
received. Furthermore, it is an opportunity to begin to assess the plaintiff/claimant’s credibility
and demeanor.
2.
Defendant/Insured
Although the defendant/insured is more accessible, it is still helpful to obtain a statement of
his/her version of events when it is relatively close in time to the accident/incident. These
statements can be used to refresh the insured's memory at a later time, possibly a few years
later if the suit has been filed. Furthermore, if the insured provides information in the statement
that he did not see the plaintiff before the impact, that he was exceeding the speed limit or
looked away from the road for whatever reason, this information will help with evaluating the
case.
The insured's statements given to his insurance company are privileged from production. Monier
v. Chamberlain, 66 Ill. App. 2d 472, 213 N.E.2d 425 (3d Dist. 1966) held that the statement given
by an insured to his insurance company for the purpose of allowing the company to defend him
under the terms of its policy is considered to be a privileged communication in the hands of the
insurance company. It is clothed with the same exception from disclosure as if the statement
was given directly to the attorney. Likewise, the first district determined that an insurer-insured
extension of the attorney client privilege applies to a communication which is made by the
insured to his insurance company for the predominate purpose of protecting the interests of the
insured. Pietro v. Marriott Senior Living Services, Inc., 348 Ill. App. 3d 541, 810 N.E.2d 217 (1st
Dist. 2004).
3.
Witness
Witnesses tend to disappear, move, or later on decide they do not want to be involved in the
litigation. While taking a statement, the adjuster has the opportunity to confirm the witness’
address and telephone number and can also inquire as to where the individual is employed or if
there are plans to move. All of this information is very helpful later when the phone number has
been disconnected or the mail is returned with no forwarding address. This is particularly true
when the witness’ version of the accident, as provided in the statement, bolsters the defendant’s
version. As such, a witness can be the key to defending a case because they are independent
third parties who typically do not have a bias.
C.
When to Take the Statement
The earlier the statement can be taken the better. As mentioned above, an individual's
recollection of the event may be the clearest when it is only a few days after the accident.
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Likewise, witnesses may later move, or a claimant may decide to retain an attorney who will
prohibit his client from providing a statement.
D.
How to Take the Statement
1.
Prepare an Outline, But Do Not Feel Like You Can’t Deviate From It
An outline assists with ensuring that the areas which should be addressed will be covered.
However, this should be used only as a guide. For example, an individual will provide a response
to a question, but once it is reviewed one can see that it was not actually an answer to the
question asked. Furthermore, the responses may lead to follow up questions which will provide
more important information. That opportunity will be missed if the follow up questions are not
asked. It is easy to spot an experienced adjuster who uses the individual’s answers to guide the
next area of inquiry. In addition, one should not be afraid to ask a "dumb" question. For
example, if the witness provides an answer that you do not understand or uses a term you are
not familiar with, you should inquire further. Once those follow up questions are explored,
having an outline allows you to come back to the issues which must be addressed and ensure
that all of the key topics are covered. The key to taking a good statement is working to obtain as
much information as possible about the witness' knowledge, closing as many doors as possible
by getting the witness to commit to a version of events and/or the extent of his/her injuries, and
obtain as many admissions as possible.
(a)
Start the Statement
It is helpful to start the statement by explaining the process to the individual providing the
statement. The individual usually does not know what they will need to do or what to expect.
This also provides an opportunity to establish some ground rules. For example, advise the
individual that if for any reason he does not understand a question, let you know and you will
rephrase it. Likewise, if for any reason they do not hear your question they should let you know.
This makes it more difficult for the claimant to attempt to change his answer at a later date
during a deposition by claiming he did not understand the question. In addition, this is an
opportunity to establish a courteous demeanor, which will provide you with the best
opportunity for obtaining information. Also, take this time to explain that the conversation is
being recorded. As such, ask the witness to allow you to finish your questions before he
responds with an answer. This will ensure that the statement is clear. All too often a statement,
when transcribed, consists of unfinished questions and vague answers. Likewise, try to ask
simple questions that are open ended. This will give the claimant an opportunity to give answers
based on what he believes is important and relevant.
(b)
Obtain Background Information
During the statement taking process, ask questions which obtain identifying information such as
a person's full name, date of birth, address, social security number, driver's license number, and
telephone number (including a cell phone). Furthermore, it is important to ask if the individual
has any plans on moving in the next few years and if so, where they may be moving to. If they
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will tell you, it is helpful to find out whether they are married, the name of their spouse, and
whether they have any children. Try to establish if they are employed, and if so, where they
work, how long they have worked there and what job duties they may have. This not only assists
in attempting to locate potential witnesses in the future, but it also helps with assessing a
witness’ credibility or, in terms of the claimant, determining if he will attempt to allege a wage
loss claim.
(c)
Information Re: the Accident/Incident
During the statement, try to obtain as much information as possible regarding a description of
the accident or a premises injury, etc. The following lists are to be used as suggestions for
possible areas of inquiry. However, they are not to be considered exhaustive.
(1)
Auto
Areas of Inquiry: the events leading up to the accident, who the claimant may have been with,
what the plaintiff or witness had been doing prior to the accident, the date, the time of day, the
weather conditions, traffic conditions (light or heavy traffic), what lanes the vehicles were
traveling in, the sequencing of traffic control devices, where the person had been traveling to
and from, all of the occupants in each vehicle, a description of the accident itself, speeds,
distances, where the vehicles impacted, the damage done to the vehicles, whether the vehicles
were drivable, whether the parties were able to get out of the vehicles and walk around at the
scene, were there any discussions at the scene (including with police officers and witnesses),
names and addresses of any witnesses, whether claimant experienced any pain in any part of
his/her body at the scene, whether anyone was transported by ambulance from the scene and
whether they know if any photos exist.
(2)
Premises
Areas of Inquiry: who was present at the premises when the incident occurred, activities leading
up to the incident, description of the scene and specifically where the incident took place, how
the incident occurred, the exact position of the claimant, did the claimant trip, stumble, miss a
step, any other witnesses, was claimant carrying any objects, was he/she distracted (watching
something, talking, looking somewhere else), who owned the premises, type of premises (one
family-apartment), age of the premises, was the claimant there by invitation, any prior visits to
the premises, physical condition of the claimant, the type of clothing claimant was wearing, the
weather conditions, the lighting conditions, any conversations at the scene, any reports made,
whether claimant experienced any pain in any part of his/her body at the scene, whether anyone
was transported via ambulance for any treatment, and whether they know if any photos exist.
2.
Medical Treatment/Injuries
Use the statement to establish what injuries the claimant alleges he sustained as a result of the
incident. Inquire as to when the claimant first realized he was hurt. It is important to inquire as
to the claimant’s doctors, when the claimant first went to see the doctors, how many times the
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claimant has been seen and whether they have any appointments currently scheduled. If
possible, in addition to the doctor’s names, attempt to obtain information regarding the facility
each doctor is associated with so that medical records and bills can be requested. Information
received during the statement from a claimant also assists with determining if there was a gap in
treatment, i.e. the claimant waited three weeks after the accident before seeing his doctor for
the first time.
3.
Determine the Current Status
While taking the statement, it is helpful to inquire as to whether or not the claimant is
employed, if he/she has been able to work since the accident, if a doctor has placed any work
restrictions on them, when the claimant plans to return to work, what hours/shifts the claimant
worked prior to the accident, and how much money the claimant was making at the time of the
accident. In addition, inquire as to any current pain complaints the claimant may have, a detailed
description of the pain the claimant is experiencing, whether they are not able to participate in
certain activities, and whether the claimant is taking any medications.
4.
Closing Out the Statement
Once you feel that you have completed the statement, it is helpful to confirm with the claimant
that he heard your questions and understood them. Likewise, at this juncture, you can give the
claimant the opportunity to offer any other information about the incident that he may not have
been asked about, but he thinks may be relevant.
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Edward M. Wagner
- Partner
Ed is the partner in charge of our Urbana office,
which covers east central Illinois. He has spent his
entire legal career with Heyl Royster, beginning in
1980.
Prior to law school, Ed served in the United States
Marine Corps from 1973 to 1977 and was discharged
at the rank of Captain.
Ed concentrates his civil litigation practice on
defending healthcare providers in malpractice claims,
employers in civil rights discrimination and
termination claims, governmental entities and
agencies in all areas of their operation, as well as
professional liability claims. With extensive trial
experience throughout central Illinois, Ed has
successfully defended or skillfully negotiated over 700
medical, hospital, dental, nursing home, job
discrimination, and legal malpractice cases.
Ed has completed his third three-year term
(2003-2011) as an appointed member of the Illinois
Supreme Court Rules Committee which drafts, reviews
and submits proposed rules and revisions to the
Supreme Court on all areas of practice, procedure and
ethics. He is a past co-chair of the Professional
Liability Committee of the Illinois Association of
Defense Trial Counsel.
Ed has spoken and written for many civic
organizations on the issues of employers' liability and
rights in the workplace and has presented at an
Illinois State Bar Association seminar on corporate
internal audits and investigations in Employment Law.
Ed has also lectured at the University of Illinois
College of Law on the topic of federal civil discovery.
He has been designated one of the "Leading Lawyers"
in Illinois as a result of a survey of Illinois attorneys
conducted by the Chicago Daily Law Bulletin. Ed has
also been named to the 2014 Illinois Super Lawyers
list. The Super Lawyers selection process is based on
peer recognition and professional achievement. Only
five percent of the lawyers in each state earn this
designation.
He has, on occasion, been appointed as a Special
Assistant by the Attorney General's Office in
extraordinary civil litigation against state officials.

"Defense Update: Professional Liability" (2008)
Public Speaking
 “Recognizing and Evaluating Damages in
Emotional Distress Claims” HRVA Seminar
(2007)
 “Discovery Under the Federal Rules of Civil
Procedure” University of Illinois College of Law
(2007)
Professional Recognition
 Martindale-Hubbell AV Preeminent
 Selected as a Leading Lawyer in Illinois. Only
five percent of lawyers in the state are named
as Leading Lawyers.
 Named to the 2014 Illinois Super Lawyers list.
The Super Lawyers selection process is based
on peer recognition and professional
achievement. Only five percent of the lawyers
in each state earn this designation.
 Appointed by the Illinois Supreme Court to its
Rules Committee and completed three terms
(2003-2011).
Professional Associations
 Illinois Supreme Court Rules Committee
 Illinois Association of Defense Trial Counsel
(past co-chair of Professional Liability
Committee)
 Defense Research Institute
 American Bar Association
 Illinois State Bar Association
 Champaign County Bar Association
Court Admissions
 State Courts of Illinois
 United States District Court, Central District of
Illinois
 United States Court of Appeals, Seventh Circuit
Education
 Juris Doctor (cum laude), Creighton University,
1980
 Bachelor of Arts-History, Marquette University,
1973
Publications
 "The Freedom of Information Act: Change is
Here," Heyl Royster Governmental Newsletter
(2010)
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Learn more about our speakers at www.heylroyster.com
Stephen J. Heine
- Partner
Steve is the Chair of the Railroad Practice Group. He
has tried many railroad, trucking, first party insurance,
and a wide variety of other lawsuits in a wide range of
venues. He is the Immediate Past President of the
Association of Defense Trial Attorneys and a member
of the Defense Research Institute Board of Directors.
Steve served as the President of the Illinois
Association of Defense Trial Counsel (2004-2005).
Steve has published many articles on various trial
practice and evidence issues. He served as the Editorin-Chief of the Illinois Defense Counsel Quarterly, the
official journal of the Illinois Association of Defense
Trial Counsel. He has spoken on a wide variety of
subjects for local, state and national bar associations
including the Illinois Association of Defense Trial
Counsel, Illinois State Bar Association, American Bar
Association and the Property Loss and Liability
Insurance Research Bureaus.
He has been named an Illinois "Super Lawyer,"
and designated one of the "Leading Lawyers" in
Illinois as a result of a survey of Illinois attorneys
conducted by the Chicago Daily Law Bulletin.

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


Defense Research Institute State Leadership
Award, 2007
Illinois Association of Defense Trial Counsel
Distinguished Service Award, 1995
Defense Research Institute Exceptional
Performance Citation, 2005
Named to the Illinois Super Lawyers list (20072013). The Super Lawyers selection process is
based on peer recognition and professional
achievement. Only five percent of the lawyers
in each state earn this designation.
Selected as a Leading Lawyer in Illinois. Only
five percent of lawyers in the state are named
as Leading Lawyers.
Professional Associations
 Illinois Association of Defense Trial Counsel
(Past President)
 Association of Defense Trial Attorneys
(Immediate Past President)
 The National Association of Railroad Trial
Counsel
 Illinois Appellate Lawyers Association
 Defense Research Institute
 American Bar Association, Tort and Insurance
Practice Section
 Illinois State Bar Association
 Peoria County Bar Association
 Abraham Lincoln American Inn of Court
 Society of Trial Lawyers
Publications
 "Reflex Sympathetic Dystrophy Defense," FELA
Occupational Claims Litigation Course (1996)
 "The Admissibility of Expert Reconstruction
Testimony Where There is Also Eyewitness
Testimony, Sometimes You See It, Sometimes
You Don't," Illinois Defense Counsel Quarterly
(1996)
Court Admissions
 State Courts of Illinois
 United States District Court, Central and
Northern Districts of Illinois
 United States Court of Appeals, Seventh Circuit
 United States Supreme Court
Public Speaking
 “The Defense of Closed Head Injury Claims”
Presentation to Erie Insurance, East Peoria, IL
(2005)
 “Automobile Policy: Application Fraud and
Misrepresentation Defenses”
PLRB, San Antonio, TX (2005)
Education
 Juris Doctor (cum laude), Southern Illinois
University School of Law, 1981
 Bachelor of Science-Corrections, Illinois State
University, 1978
Professional Recognition
 The Best Lawyers in America (2013-2014):
Railroad Law
 Illinois Association of Defense Trial Counsel
Distinguished Member Award, 2013
 Martindale-Hubbell AV Preeminent
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Learn more about our speakers at www.heylroyster.com
Mark D. Hansen
- Partner
Mark concentrates his practice in the area of civil
litigation. Mark has been involved in the defense of
cases involving catastrophic injury, including the
defense of complex cases in the areas of medical
malpractice, products liability, construction, and
professional liability. He has defended doctors, nurses,
hospitals, clinics, dentists, and nursing homes in
healthcare malpractice cases. He has also been
involved in the defense of numerous other insurancerelated matters.
He has handled commercial litigation matters
including contractual breaches, business torts, fraud
and misrepresentation, commercial foreclosures,
mechanics liens, replevin actions, trademark
agreements, eminent domain (condemnation), real
estate disputes, zoning issues, and business losses. He
has also provided counsel on various litigation issues
affecting corporate clients.
Mark is a graduate of the International
Association of Defense Counsel (IADC) Trial Academy.
The IADC Trial Academy is held at Stanford Law
School and is one of the oldest and most well
respected programs for developing defense trial
advocacy skills.
Professional Recognition
 Selected as a Leading Lawyer in Illinois in the
areas of Commercial Litigation; Medical
Malpractice Defense Law; Products Liability
Defense Law; and Professional Malpractice
Defense Law: Including
Legal/Technical/Financial.
 Newsletter Editor Service Award, Illinois State
Bar Association (2009)
 President's Commendation, Illinois Association
of Defense Trial Counsel (2006)
 President's Commendation, Illinois Association
of Defense Trial Counsel (2005)
 Newsletter Editor Service Award, Illinois State
Bar Association (2004)
 Illinois State Bar Association, Participant, 2004
Allerton House Conference on "The Quest for
Justice: Cost, Efficiency, Fairness"
Professional Associations
 International Association of Defense Counsel
(member of Medical Defense and Health Law,
Product Liability, and Trial Techniques and
Tactics Committees)
 Defense Research Institute (member of Medical
Liability and Health Care, Commercial
Litigation, and Trial Tactics Committees)
 Illinois Association of Defense Trial Counsel
(IDC Quarterly regular columnist, Tort Law
Committee member, former ex officio member
of the Board of Directors, and former co-chair
of Young Lawyers Committee)
 Illinois Society of Healthcare Risk Management
 Abraham Lincoln American Inn of Court
(Master)
 American Bar Association
 Illinois State Bar Association (former member
of Civil Practice Section Council)
 Peoria County Bar Association (member of
Courts and Procedures - Civil Practice
Committee)
Publications
 "Drafting a Consent to Treatment Form?
Defending an Apparent Agency Claim?
Consider the Appellate Court Third District's
Decision in Steele v. Provena Hospitals," Illinois
Defense Counsel Quarterly (2014)
 "Illinois Court Addresses Proximate Cause
Defense in Case of Third-Party Intervening
Physician," International Association of Defense
Counsel Medical Defense and Health Law
Committee Newsletter (2013)
Public Speaking
 “Proactive Defense Strategies: The Benefits of
Effective Deposition Preparation and Training
of Defense Witnesses” Heyl Royster Claims
Handling Seminar 2012
 “Principles of Effective Cross-Examination”
Abraham Lincoln American Inn of Court 2011,
Mentoring Group Co-Chair
Education
 Juris Doctor (cum laude), University of Illinois
College of Law, 1994
 Bachelor of Science - Finance (cum laude),
Northern Illinois University, 1991
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Michael J. Denning
- Partner
Mike concentrates his practice in civil defense
litigation, including medical malpractice and nursing
home litigation; auto, premises and trucking litigation;
and the defense of toxic tort and asbestos claims. In
addition to defending long term care facilities in
malpractice litigation and personal injury claims, Mike
also handles a myriad of administrative issues for
facilities, including involuntary discharge proceedings,
licensure issues, fraud and abuse claims, and other
litigation.
Mike has represented the firm's clients in jury
trials, high-exposure mediations and settlement
conferences. He has represented Fortune 500
companies, local businesses, professionals and
insurance companies in a variety of cases. Mike has
also defended the firm's clients and their interests at
depositions, including those of plaintiffs, codefendants, witnesses, treating physicians, and expert
witnesses. He has presented physicians, nurses and
nursing assistants for deposition in numerous
professional liability cases.
Mike is a certified arbitrator for the Seventeenth
Judicial Circuit Court. He is listed on the Law Bulletin
Publishing Company's 2013 list of "40 Under Forty"
up-and-coming attorneys in Illinois, and has been
recognized as a "Rising Star" by Illinois Super
Lawyers (2012-2014).
A native of Belvidere, Illinois, Mike began his
career with Heyl Royster by clerking for the firm's
Peoria office during law school. At Northern Illinois
University, he served as the Editor-in-Chief of the Law
Review and was awarded the NIU Scribes award in
2001 for legal scholarship. After graduating, he served
as Senior Law Clerk to Justice Tom Lytton of the
Illinois Appellate Court, Third District. Mike joined the
Rockford office in 2004 and became a partner in 2012.
Public Speaking
 “Civil Procedure Update”
Illinois Association of Defense Trial Counsel
(2013)
 “You’ve Been Served: How to Help Your
Organization Understand and Defend a
Lawsuit”
St. Mary’s Occupational Health & Streator
Chamber of Commerce (2013)
Professional Recognition
 Named one of "40 Under Forty" attorneys to
watch in Illinois by the Law Bulletin Publishing
Company. This honor recognizes exceptional
lawyering skills, significant contributions to the
legal profession and substantial involvement in
local community.
 Named to the Illinois Super Lawyers Rising Stars
list (2012-2014). The Super Lawyers Rising Stars
selection process is based on peer recognition
and professional achievement. Only 2.5 percent
of Illinois lawyers under the age of 40 or who
have been practicing 10 years or less earn this
designation.
Professional Associations
 Winnebago County Bar Association
 Illinois State Bar Association
 Illinois Association of Defense Trial Counsel
 Defense Research Institute
 Federation of Defense & Corporate Counsel
 American Bar Association
 State Bar of Wisconsin
Court Admissions
 State Courts of Illinois and Wisconsin
 United States District Court, Northern District
of Illinois and Eastern and Western Districts of
Wisconsin
 United States Supreme Court
Publications
 "Liquor Liability: Social Hosts and Other Issues,"
26th Annual Claims Handling Seminar (2011)
 "Illinois Courts Expand, Then Narrow Validity of
Arbitration Agreements in Nursing Home
Litigation," IDC Defense Update, Vol. 12, No. 14
(2011)
Education
 Juris Doctor (cum laude), Northern Illinois
University College of Law, 2002
 Bachelor of Science-Business Administration,
Bradley University, 1999
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Learn more about our speakers at www.heylroyster.com
Ann C. Barron
- Of Counsel
Professional Associations
 Illinois State Bar Association
 Association of Corporate Counsel
Ann concentrates her practice in civil litigation,
including environmental and business-related
disputes and personal injury defense.
Ann joined Heyl Royster in 2013. Before joining
Heyl Royster, Ann served as in-house counsel at
Valero in San Antonio, TX, where she managed
complex environmental, commercial, class action and
tort litigation. While at Valero, Ann also served on the
Information Governance Committee, and was
responsible for electronic discovery and electronic
records implementation, retention and destruction.
Ann communicated regularly with senior management
and provided day-to-day business counseling and
advice. Her experience at Valero has given Ann an
unparalleled ability to effectively interact with inhouse counsel.
Ann began her legal career in 1994, serving as a
law clerk to the Honorable James D. Heiple of the
Illinois Supreme Court. After her clerkship, Ann
worked for two law firms in the St. Louis area. She
represented clients in environmental, class action,
commercial, and personal injury matters pending
throughout the country. Her clients included railroads,
refiners, utilities, municipalities, health care entities,
franchisors, and auto manufacturers. Ann has
represented clients before the Seventh Circuit Court
of Appeals, the Illinois Supreme Court and various
appellate courts in Illinois and Missouri.
Court Admissions
 State Courts of Illinois, Missouri and Texas
 United States Supreme Court
 United States Court of Appeals, Seventh and
Eighth Circuits
 United States District Courts, Southern District
of Illinois, Central District of Illinois, Northern
District of Illinois, and Eastern District of
Missouri
Education
 Juris Doctor (magna cum laude), University of
Illinois College of Law, 1994
 Bachelor of Science-Economics, University of
Illinois College of Commerce, 1991
Significant Cases
 Glisson v. City of Marion, 720 N.E.2d 1034 Defeated challenge by plaintiff to halt
construction of a new water supply for the City
of Marion because of alleged presence of two
animals listed on the Illinois Endangered
Species Act. The Illinois Supreme Court ruled
that plaintiff did not have standing to pursue
the action.
 Wilson v. Norfolk and Western Railway
Company, 718 N.E.2d 172 - The Illinois
Supreme Court ruled in case of first impression
that a railroad employee must prove physical
contact or the threat of physical contact to
recover damages for intentional infliction of
emotional distress under the FELA.
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