Articles

Legal Trends Spotlights Unique Cases Resolved By Hollander Law Offices

In this issue of Legal Trends, we discuss three significant cases which The Law Offices of Eugene K. Hollander has resolved - one involving childhood priest sexual abuse, one relating to a civil rights claim by a former Village of Dixmoor police officer, and the last relating to a premises liability claim brought by a minor and his father.

Tort Cases

Near Record Settlement in Priest Sexual Abuse Case.

Robert Holomshek, a victim of alleged childhood sexual abuse by Father Joseph Fitzharris, settled his claim with the Archdiocese of Chicago in July, 2007 for $875,000. The settlement was one of the larger ones which the Archdiocese of Chicago has paid out on sexual abuse claims. The settlement took place during a voluntary mediation conference before a lawsuit was filed. Holomshek, now 37, claimed that he was repeatedly sexually assaulted from the ages of seven to ten years old by Father Fitzharris while he served as an altar boy and attended school at St. Francis Xavier, now known as Resurrection Catholic Academy.

This was not the first time that Father Fitzharris was charged with sexual abuse. A misdemeanor criminal charge was filed against him in the mid 1980's. Father Fitzharris resigned from the priesthood in January, 1995.

Holomshek claimed to have suppressed the memories of abuse during his childhood until he attended a church function during Easter, 2005. At that time, Holomshek began to remember the incidents of abuse. Holomshek, an Operation Desert Storm veteran and aspiring comic and actor, claimed that the sexual abuse completely affected his life. Holomshek, who participated in the Improv Olympics in Chicago in the late 90's and did some TV commercials, has been unable to hold down steady employment according to his attorney, Eugene K. Hollander. Struggling with his identity, Holomshek joined the Marines and served as a helicopter pilot. Holomshek suffered post-traumatic stress disorder as a result of his service.

In an effort to release the pain that he experienced, Holomshek turned to recording his thoughts in a journal and drew the images which he saw in his head. These images were presented to Cardinal George prior to the mediation.

Hollander said that "every aspect of my client's life has been affected. My client's childhood was taken away." Holomshek is still in therapy to cope with the issues regarding the abuse, and still continues to remember specific incidents. Hollander said that "while it has been a difficult journey, my client refused to suffer in silence. By coming forward, Mr. Holomshek hopes that other victims of childhood sexual abuse will begin the healing process by confronting their past." Hollander said that his client is hopeful that with the proceeds of the settlement he can begin to put his life back together.

Attempt Suicide Claim Results in Payment of Insured's Policy Limits

Last fall, Kyle Catalano was 12 years old. As part of his extracurricular activities, Kyle participated in local theater at the Community Theatre in Valparaiso, Indiana. On November 22, 2006, Kyle was involved in a dress rehearsal for a play. While outside the presence of any adults, Kyle went down to the basement and took a noose which the Theatre kept as a prop. Kyle attempted to commit suicide at that time. He survived, but suffered a traumatic brain injury.

Kyle, through his father Michael, brought suit against the Theatre for failing to supervise Kyle during his on site activities. Evidence in the case revealed that on two separate occasions, once approximately one year before the incident, and the other, a few days before the act, a parent saw Kyle playing with the noose. The noose, however, remained at the theater.

Though the Theatre denied any liability in the case, Eugene Hollander settled the case for the Defendant's policy limits of $750,000 shortly after suit was filed. Hollander said that "this case is a tragedy, and while no sum of money could compensate Kyle and his family for their loss, at least Kyle can get the proper medical care that he requires."

Civil Rights

Former Dixmoor Police Officer Fights Back After Wrongful Termination.

Thomas Griffin was a veteran police officer who worked for a number of municipalities in the Chicago area before he went to work at the Village of Dixmoor. Nothing, however, prepared him for the on-the-job experiences he was to have during his employment there.

Griffin joined the police force at the Village of Dixmoor in September, 2004 and was assigned to narcotics patrol. Discovery in the case revealed that during the course of Griffin's patrol, narcotics suspects told him that any criminal charges would not stick because of their relationships with various officers within the police department. Griffin and his partner recorded these conversations in reports separate from the customary case offense reports.

On August 14, 2005, Officer Griffin was on routine patrol with his partner David Schaeffer. The officers saw Henry White, stopped him, and requested that he remove his hands from his pockets. White complied and threw a bag of suspected narcotics to the ground. When the officers attempted to handcuff White, the offender fled and Officers Griffin and Schaeffer pursued the suspect. White ran into the home of his girlfriend, Latrice McMorris. When the officers arrived, McMorris told Griffin that "you don't have any warrant and I am going to call Detective Kimble (a detective on the Dixmoor force)."

Officer Griffin subsequently arrested White. White then stated "I'm going to beat this case like I beat them all. My boy Detective Kimble is going to have me out by tomorrow. Because Kimble told me while I was in the house on the phone with him that I don't have to worry about a damn thing." Officer Griffin recorded these statements in his case offense report. White was charged with a non-probationable Class X felony for possession of crack cocaine.

Due to the reported corruption, Officer Griffin submitted the report directly to the Cook County State's Attorney's Office. Upon learning of the content of the report and the fact that Officer Griffin directly reported the matter to the Cook County State's Attorney's Office, Defendant Police Chief Johnny Holmes summoned Officer Griffin to a meeting where Detective Kimble was present. Defendant Holmes placed Officer Griffin on "administrative leave" without pay, and told him that he would be referring the corruption allegations to the Public Integrity Unit (of either the Cook County State's Attorney's Office or the Illinois State Police).

Despite the serious nature of the allegations concerning Detective Kimble, Chief Holmes did not place Kimble on administrative leave, suspend him, or terminate his employment.

Defendant Holmes then called the Cook County State's Attorney's Office in Markham and made the extraordinary request that the prosecutors dismiss the Class X felony charge against White. On December 17, 2005, Defendant Holmes summoned Griffin to a meeting and discharged him because Public Integrity had concluded that Griffin's corruption allegations were unfounded. Subpoenas served upon those agencies, however, revealed that Holmes never made any such inquiry.

Griffin claimed that the Village of Dixmoor failed to follow their procedures in terminating him and that the Defendants retaliated against him for reporting corruption. The case settled for a confidential sum prior to trial.

Office News

Eugene K. Hollander had an article published in the September, 2007 issue of the Illinois Bar Journal, "Welcomeness As A Defense In Sexual Harassment Cases - Strict Liability For Minors." Mr. Hollander was also recently named as an Illinois Super Lawyer by the organization Law & Politics for 2008, marking the fourth consecutive year which he has received that honor.

About the author

Eugene Hollander is a trial attorney who currently heads his own law office in Chicago. Mr. Hollander has tried numerous cases in the state and federal courts. The Law Offices of Eugene K. Hollander is a full service law firm, concentrating its practice in employment discrimination claims, personal injury and medical malpractice suits, and various types of commercial litigation.

For more information, visit our web site at www.ekhlaw.com, or contact us directly at:

The Law Offices of Eugene K. Hollander
33 N. Dearborn
Suite 2300
Chicago, IL 60602
(312)-425-9100
E-mail: EHollander@ekhlaw.com

Copyright © 2007 The Law Offices of Eugene K. Hollander. This publication may be considered advertising material under the Illinois Code of Professional Responsibility and is not intended to create any attorney-client relationship. The reader should not rely upon any statement or opinion as legal advice, but rather, should consider it as generally informative.