Mark E. Winters

Mark Winters is a trial lawyer and current head of the firm’s asbestos defense team. He has practiced extensively throughout Illinois, including Cook, McLean and Madison Counties.

As regional counsel for three Fortune 500 Companies, Mr. Winters is well versed in the practices and policies for asbestos matters and has appeared in over one thousand asbestos defense cases. His experience includes hundreds of expert and lay witness depositions and extensive pretrial motion practice.

Mr. Winters resides in Riverside, Illinois, with his wife Susan. He is the chairman of the Riverside Golf Club Caddie Committee and, as a former caddie, involved in enhancing education and scholarship opportunities in his community.

REPORTED CASES

• Daniels v. Bursey, et al.,329 F.Supp.2d 975, 33 Employee Benefits Cas. 1501, RICO Bus.Disp.Guide 10,718, N.D.Ill., August 05, 2004; and 313 F.Supp.2d 790, RICO Bus.Disp.Guide 10,657, N.D.Ill., April 14, 2004 Co-counsel for plaintiffs where putative class of investors in severance trust executive program (STEP) brought action against plan administrator, its principals, and several insurance companies, alleging that defendants violated Racketeer Influenced and Corrupt Organizations Act (RICO), Employee Retirement Income Security Act (ERISA), and Illinois Consumer Fraud Act, and claiming fraudulent inducement and breach of fiduciary duty in connection with their actions in promoting or managing STEP plan.
• Illinois Tools Works v. Independent Machine Corp., 345 Ill.App.3d 645, 802 N.E.2d 1228, 280 Ill.Dec. 707, Prod.Liab.Rep. (CCH) P 16,874, Ill.App. 1 Dist., December 31, 2003. Products liability matter involving loss of extremity. As counsel for settling product manufacturer, appeal was taken and won on issue of extent of liability for non-settling defendant after trial of third party claim for contribution. Verdict in favor of product manufacturer affirmed and dollar amount of non-settling defendant’s liability modified and increased.
• Tomczak v. Orbit Skate Center, 315 Ill.App.3d 1033, 735 N.E.2d 662 (1st Dist. 2000); decision noted in supplement to “Liability of owner or operator of skating rink for injury to patron,” 38 A.L.R. 5th 107. The first judicial interpretation of the Illinois Roller Skating Rink Safety Act. Plaintiff claimed to have slipped upon a puddle of water while attending an adult skating session. Plaintiff claimed that rink violated Act by failing to have a person on premises who acted solely as a skateguard. Court ruled that person taking tickets, running concession stand and skating on the rink surface met requirement of “floor supervisor” under the Act. Summary judgment in favor of defendant roller rink affirmed.

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PROFESSIONAL ASSOCIATIONS

• Executives Club of Chicago
• Outdoor Amusement Business Association
• International Amusement and Leisure Defense Association