Cook County Record

Tuesday, February 18, 2020

Land owners claim lawyers' mistakes cost them $1.7M in fight with IDOT over road work


By Bree Gonzales | Feb 20, 2019

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CHICAGO — Land trust beneficiaries are suing a lawyer and his firm, citing alleged negligence.

Petey's Two Real Estate LLC, Ashton Drive LLC, and Peter Kattos filed a complaint on Jan. 29 in the Cook County Circuit Court against Thomas W. Goedert and the law firm of Dommermuth, Cobine, West, Gensler, Philipchuck, Corrigan & Bernhard, alleging they did not act reasonably as the plaintiff's attorneys.

According to the complaint, the plaintiffs allege that in 2015 plaintiffs engaged defendants as their counsel to represent them in a complaint filed by the Illinois Department of Transportation to condemn a portion of the real property in which plaintiffs had either ownership or beneficial interest for use in a road improvement project. 

Because of the defendants' alleged negligence, plaintiffs claim they were deprived of their opportunity to respond and contest IDOT's Just Compensation, resulting in a judgment in favor of IDOT. The plaintiffs say they have been ordered to pay IDOT $1.7 million, to refund an amount a court determined the state had overpaid them for their land.

The plaintiffs hold Thomas W. Goedert and the law firm of Dommermuth, Cobine, West, Gensler, Philipchuck, Corrigan & Bernhard responsible because the defendants allegedly failed to respond to the motions in Limine and to the motion for summary judgment. Additionally, they allegedly failed to correct purported errors and to disclose experts and reports.

The plaintiffs request a trial by jury and more than $50,000, plus the cost of suit. They are represented by Daniel Konicek of Konicek & Dillon PC in Geneva.

Cook County Circuit Court Case No. 2019L000983.

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Organizations in this Story

Illinois Department of TransportationCircuit Court of Cook CountyKonicek & Dillon, PC

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