Patrick M. Graber

Of Counsel

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Biography

A founding partner of McCullough, Campbell & Lane LLP, Patrick Graber has been a trial attorney for more than 30 years.  He has a wide range of litigation experience defending cases in the area of product liability, commercial, professional liability, coverage, transportation and aviation.

Mr. Graber has defended companies in over 900 cases involving all types of liability, serious injuries and wrongful death claims.  Representative of insurers and companies for whom Mr. Graber has handled cases are Global Aerospace, The Gainsco Companies, YRC Worldwide Inc., The Millers Group, LLM/Risk Management, The Cessna Aircraft Company, Rolls-Royce, plc., W.E. Love and Associates, USA Truck and Marsh & McLennan Companies, Inc.  His trial results include the following:

  • Favorable summary judgment in three separate wrongful death suits brought against the Lansing Municipal Airport in Lansing, Illinois.
  • Jury verdict for defendant in a wrongful death suit brought against the Cessna Aircraft Company in the United States District Court for the Northern District of Illinois.
  • Settlement of a personal injury case in the United States District Court for the Southern District of Illinois, when Plaintiff abandoned their $2 million demand and accepted an offer of Plaintiff’s specials and a waiver of the judgment obtained on a counterclaim for damages to Yellow Freight trucks in the accident.  Case settled after the jury was empaneled.
  • Secured a judgment on trial of a contribution case before the United States District Court for the Southern District of Indiana on a midair collision claim brought   against the United States of America.  The judgment obtained resulted in recovery of $20 million in contribution from the United States for the negligence he proved against its air traffic controllers.
  • A defense verdict in an injury case where the jury was out for a half hour including lunch.  Mr. Graber established that despite extensive medical bills, the Plaintiff had lied about her prior injuries and thus had not met her burden of proof that she was injured in the accident.
  • Defense verdict for Cessna Aircraft Company in a product liability case alleging improper design of engine starting system when Plaintiff’s hands were amputated by the propeller.
  • Successfully defended structural engineers in building collapse cases involving personal injury and property damage.
  • Jury verdict in LaPorte County, Indiana from a trucking accident that was 2% of Plaintiff’s amount requested from the jury and less than half of the offer made before trial.
  • Defense verdict for Greyhound Lines for wrongful death of a college student on a multiple vehicle accident on an interstate highway.
  • A directed verdict in Defendant’s favor for United Airlines in the United States District Court for the Northern District of Indiana in a serious injury claim brought for an incident of midair turbulence.
  • A directed verdict in Defendant’s trucking company’s favor in a very serious traffic accident involving an amputated leg.
  • Verdict for $300,000 less than Defendant’s final offer after securing directed verdicts on all willful and wanton counts.
  • Defense verdict in a product liability claim made against Sears Roebuck and Company.  It was proved that failure of the product was due to the lack of maintenance by the owner.
  • Obtained extremely favorable settlement on the eve of trial of a double wrongful death claim based on the strength of his personally selected expert witness team.
  • Defended significant coverage issues in a multiple million dollar property damage claim.

As shown by the above, Mr. Graber has extensive experience in handling cases of significant exposure successfully before juries in both federal and state courts throughout Illinois and Northern Indiana.  He also has received for ten consecutive years, 1999-2009, the highest possible Peer Review Rating in Ethical Standards and Legal Ability.

Mr. Graber served on active duty as a Marine Corps officer, and is currently retired from the reserves.

Education

Purdue University School of Aeronautical Engineering, B.S. with distinction, 1972

University of Notre Dame School of Law, J.D., 1979

Admissions

Illinois; Federal Trial Bar, U.S. District Court for the Northern District of Illinois; U.S. District Court for the Southern District of Illinois; U.S. District Court for the Northern District of Indiana; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Seventh Circuit

Memberships

Vice Chairman of the Transportation Litigation Subcommittee, Defense Research and Trial Association; Trucking Industry Defense Association, Chicago Society of Trial Lawyers

Reported Cases

Pettitt v. Boeing Co., 2010 WL 3861066 (N.D.Ill.)
South Side Trust and Sav. Bank of Peoria v. Air 1st Aviation Cos., Inc., 927 N.E.2d 179 (Ill.App.1 Dist. 2010)
Gregorio v. Yellow Transportation Inc., 2009 WL 3681698 (N.D.Ill.)
In re Cessna 208 Series Aircraft Products Liability Litigation, 2009 WL 1140404 (D.Kan.)
Winston v. Martinair, Inc., 2007 WL 684113 (N.D.Ill.)
Bolger v. Nautica International, Inc., 861 N.E.2d 666 (Ill.App.2 Dist. 2007)
In re Cessna 208 Series Aircraft, 2006 WL 3858465 (D.Kan.)
Dunne v. Hunt, 2006 WL 1371445, (N.D.Ill.)
Aster Telesolutions, Inc. v. Premier Technical Solutions Inc., 2006 WL 1547980 (N.D.Ill.)
Commerce Trust Co. v. Air 1st Aviation Companies, Inc., 851 N.E.2d 131 (Ill.App.1 Dist. 2006)
DirecTV, Inc. v. Sampey, 2004 WL 2032102 (N.D.Ill.)
General Agents Ins. Co. of America, Inc. v. Midwest Sporting Goods Co., 828 N.E.2d 1092, (Ill. 2005)
Tzakis v. Dominick’s Finer Foods, Inc., 826 N.E.2d 987, (Ill.App. 1 Dist. 2005)
General Agents Ins. Co. of America, Inc. v. Midwest Sporting Goods Co., 812 N.E.2d 620, (Ill.App. 1 Dist. 2004)
Luttrell v. O’Connor Chevrolet, Inc., 2003 WL 22220178, (N.D.Ill. 2003)
Bermudez v. Martinez Trucking, 796 N.E.2d 1074, (Ill.App. 1 Dist. 2003)
William Wrigley, Jr. Co. v. Stanley Transportation, Inc., 1999 WL 608710 (N.D.Ill.)
Kozak v. Moiduddin, 689 N.E.2d 217 (Ill.App. 1 Dist. 1997)
Jumper v. Yellow Corp., 176 F.R.D. 282 (N.D.Ill. 1997)