Lyndon currently concentrates his trial practice on the defense of cases involving product liability and toxic tort litigation. He also has prior extensive experience in the areas of automobile/trucking litigation, premises liability and construction litigation. His overall assignments have included the defense of motor vehicle insureds, trucking companies, construction contractors, elevator/escalator companies, property owners/managers, hotel chains, employers and product manufacturers.
During his 30 plus years of practice, Lyndon has primarily emphasized trial work. His experience includes 13 first chair jury verdicts, in excess of 100 bench trials and/or arbitration hearings, and extensive motion practice. He has also taken and participated in hundreds of depositions, including those of expert witnesses and treating physicians.
Before joining Hinshaw & Culbertson LLP in June 1993, Mr. Flosi was in-house counsel for American Family Insurance Group, where his practice focused on personal lines defense, including automobile and premises liability matters. His responsibilities as an in-house litigator included a caseload of approximately 100 files in which he handled all litigation phases from inception to ultimate resolution or verdict.
Honors & Awards
- Member of the Leading Lawyers Network, where he was selected by his peers as a Leading Lawyer in Personal Injury Defense: General and Products Liability Defense
- Named to the Super Lawyers list in the area of Insurance Defense: Personal Injury, by Illinois Super Lawyers magazine, 2005
- Holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability
Representative defense cases that Mr. Flosi has handled include:
- Koehler v. Harley Davidson: This double fatality case involved an intersection collision between a Harley Davidson motorcycle and an Oldsmobile operated by defendant, William Lindsey. Mr. Lindsey turned left in front of the motorcycle, resulting in the deaths of both husband and wife riders. In addition to asserting a negligence claim again Mr. Lindsey, the estates of both plaintiffs also set forth strict products liability counts against Harley Davidson and its brake manufacturer/designer, Nissin Brake Ohio and Nissin Kogyo. Mr. Flosi and Hinshaw Partner, Jeff Fertl, represented the Nissin defendants. The plaintiffs asked the jury for $6 million for both estates. After a three-week trial, the jury returned a no liability verdict in favor of Harley Davidson and both Nissin defendants.
- Ioan Dumitru v. Juan Mendoza: Plaintiff, a neighbor of the defendant, allegedly was asked to come up on the roof of the defendant’s two-story building in order to assist with the removal of a tree branch which weighed several hundred pounds. Plaintiff subsequently fell off the roof and filed litigation against the defendant under a negligence theory. The plaintiff sustained left hip fractures and bilateral fractures/dislocations to his elbows. Mr. Flosi defended the defendant homeowner and the case was tried over a period of four days before Judge Abishi Cunningham, in the Circuit Court of Cook County. Plaintiff’s medical bills totaled in excess of $115,000. Prior to trial the plaintiff had demanded the policy limits of $500,000. The offer prior to trial was $50,000. The plaintiff asked the jury for $1.6 million. The jury returned a “no liability” verdict in favor of the defendant.
- Stojkovich v. Westinghouse Electric Corporation: In this case, plaintiff was a young man who worked as a computer consultant for Kemper Insurance Company and was regarded as a bright, innovative and up-and-coming consultant. During a holiday party, the plaintiff and other co-employees became stuck in an elevator which had stopped for unknown reasons. When those in the elevator attempted to extricate themselves, the plaintiff fell down three stories to the bottom of the elevator shaft and sustained severe head injuries which included permanent brain damage. The plaintiff brought suit against the elevator company (Westinghouse) and the owners of the building. Mr. Flosi defended Westinghouse, second-chairing the trial with Hinshaw partner Carlton Fisher. Prior to trial, the demand was $3 million from both defendants, and no offers were made. After approximately seven weeks of trial, the jury returned a verdict in favor of the plaintiff in the amount of $3.7 million and apportioned liability as follows: Building 60 percent; Westinghouse 25 percent; and plaintiff 15 percent.
- Ragona & Gartner v. American Family Mutual Insurance Company: Plaintiffs were passengers in a large Chevy Suburban, which was destroyed after being struck by an uninsured driver. The plaintiffs submitted a claim to their insurance carrier, American Family, pursuant to the uninsured motorist clause of their policy, but the parties were unable to agree on a reasonable and fair settlement of the claim. Mr. Flosi defended American Family, and the case was tried over five days. The lawsuit was brought under a theory of breach of contract. The only issue before the court was the nature and the extent of the damages sustained. Plaintiffs sustained soft tissue injuries and submitted medical evidence of permanency at trial. Alleged damages introduced at trial included prior and future medical bills in excess of $50,000 and prior and future lost wages of approximately $200,000. Demands prior to trial amounted to $235,000 for all three plaintiffs, and the offers totaled $27,000. The plaintiffs requested in excess of $300,000 from the jury. The jury returned a verdict totaling $29,391.
- Co-author of “Tort is Not an Option in Illinois-Employee Asbestos Exposure,” published in Product Liability Law360, Employment Law360 and Midwest Law360, June 28, 2012
- May 31, 2012Toxic Tort Alert
- February 15, 2011