A recent court decision has shed light on a contentious legal malpractice case involving a decade-long condemnation dispute. The plaintiffs, Petey’s Two Real Estate LLC and associated entities, filed a complaint against their former attorney, Thomas Goedert, in the Circuit Court of Cook County on January 29, 2019. They alleged that Goedert's negligence led to significant financial damages.
The plaintiffs' properties were partially condemned by the Illinois Department of Transportation (IDOT) in 2006 for a road improvement project. Initially, IDOT deposited $3.2 million as preliminary compensation for the acquisition. However, after years of litigation, it was determined that this amount far exceeded the actual fair market value of the property. Consequently, a judgment was entered against the plaintiffs for the excess compensation plus interest.
In their legal malpractice claim, the plaintiffs accused Goedert and his law firm Dommermuth Cobine West Gensler Philipchuck Corrigan & Bernhard Ltd., of failing to adequately respond to IDOT’s motions in limine and summary judgment motions during the condemnation proceedings. They argued that this failure resulted in their expert appraiser's testimony being barred and ultimately led to an unfavorable judgment. The plaintiffs contended that if Goedert had acted competently, they could have avoided or mitigated these damages.
The court documents reveal that IDOT's appraisal expert valued the taking at $1.52 million, significantly lower than the preliminary compensation paid. The plaintiffs’ expert appraiser's methodology was found flawed as it violated the "unit rule," which requires property to be valued as a whole rather than summing up individual parts separately. Despite multiple extensions requested by Goedert to respond to IDOT’s motions, no response was ever filed.
Judge Alexander White granted IDOT’s motions in limine and summary judgment due to these unaddressed flaws in the appraisal report. As a result, each party involved had to repay their proportionate share of the excess compensation disbursed initially by IDOT.
The plaintiffs sought relief from this outcome through appeals but were unsuccessful. Their subsequent legal malpractice suit claimed that if Goedert had properly advised them about potential liabilities and adverse rulings during the initial proceedings, they would have taken different actions to mitigate damages.
However, Justice Tailor upheld the dismissal of their third amended complaint for legal malpractice on June 21, 2024. The court concluded that even if Goedert had responded to IDOT’s motions or advised differently, it would not have changed the outcome due to inherent flaws in their appraiser's valuation method.
Plaintiffs' counsel included Figliulo & Silverman P.C., while Dommermuth was represented by its own legal team throughout various stages of litigation. The case was presided over by Judge Jerry A. Esrig with Justices Oden Johnson and C.A. Walker concurring in affirming Judge Tailor's decision.