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Power, Rogers & Smith: Devon C. Bruce

Devon C. Bruce Associate E-mail: dbruce@prslaw.com Phone: (312) 236-9381 Position: associate

Devon C. Bruce is an associate with the Chicago personal injury law firm of Power, Rogers & Smith, practicing in the area of personal injury and wrongful death. Mr. Bruce is one of the leading personal injury attorneys in Illinois that specializes in appellate advocacy on behalf of tort victims..

Mr. Bruce is a highly skilled trial and appellate attorney who has successfully handled multiple multi-million dollar verdicts and settlements. Mr. Bruce obtained a verdict of $1.55 million on behalf of the family of a 13 year old who drowned at a Chicago Park District pool. Along with co-counsel, Larry Rogers Jr. he also obtained a verdict of $3.14 million dollars in a difficult medical malpractice action involving the failure to diagnose colorectal cancer in a 38 year old man. More recently, Mr. Bruce acted as second chair at trial to Joseph A. Power, Jr. in a wrongful death action arising out of the death of a 47 year old man in a workplace injury. After hearing the Illinois wrongful death attorneys’ case, the jury returned a verdict for the plaintiff's widow and children in excess of $9,000,000.00.

As one of the leading personal injury attorneys in Illinois, Mr. Bruce has obtained numerous multi-million dollar settlements for medical malpractice, wrongful death, premises liability, and automobile cases. In August of 2006, Mr. Bruce and co-counsel Todd A. Smith, obtained a $3.5 million dollar settlement for a young man who fell to a man lift at his workplace. In August of 2006, Mr. Bruce also obtained a $1.6 million dollar settlement in Winnebago County for the family of a 25 year old man who fell from a catwalk at an agricultural building. A representative list of Mr. Bruce's verdicts and settlements at the Chicago personal injury law firm are set forth below.

Prior to working at Power Rogers & Smith, P.C., Mr. Bruce clerked for a Justice on the Illinois Supreme Court. As a result of that experience, Mr. Bruce handles many of the Chicago personal injury law firm's appeals. Mr. Bruce has won numerous matters in the Illinois Appellate Court and the Illinois Supreme Court. In 2005, Mr. Bruce argued and won a case before the Illinois Supreme Court in the matter of Gillen v. State Farm Insurance Co., 215 Ill.2d 381 (2005). In Gillen Mr. Bruce represented a widow of a firefighter who was killed in the line of duty. State Farm Insurance argued that their financial obligation under the insurance contract paid for by the plaintiff should be reduced by the monies the widow recovered from the City of Chicago. The Illinois Supreme Court Affirmed Mr. Bruce's position that State Farm Insurance should not offset or reduce the monies it owed to the widow.

Mr. Bruce is a member of the Illinois Trial Lawyers Association, American Trial Lawyers Association, Illinois State Bar Association, and the Chicago Bar Association.

Education

• Associate: December 1994 - present
  Power Rogers & Smith
• Law Clerk: 1993 - 1994
  Served the Honorable Moses W. Harrison II, Justice of the Illinois Supreme Court

Appointments

American Ireland Fund Board Member 2010 - present

University of Illinois Gastroenterology and Liver Board Member 2010 to present

Metropolitan Pier and Exposition Authority 2009 - 2010

• Chairman, Finance

State of Illinois Merit Board 2005 - 2009

University of Illinois, Board of Trustees Member 2003 - 2009

• Chairman, Budget & Audit Committee February, 2003 - 2009
• Chairman, Legal Affairs Committee February 2003 - 2009
• University of Illinois is a $4.1 billion dollar body politic with campuses in Chicago, Champaign-Urbana, Springfield, Rockford and Peoria, IL

Academic Appointment

Adjunct Professor of Law, University of Illinois College of Law 2004 - present

• Teaching comprehensive pre-trial civil litigation course for 2nd and 3rd year law students

Illinois Supreme Court Judicial Oversight Committee, 1997 - present

Professional Memberships

• Illinois State Bar Association
  Member, Task Force on Unauthorized Practice of Law;
  Former Chairman, Young Lawyers Division;
• Illinois Trial Lawyers Association
  Member, Supreme Court Appeals Committee;
  Member, Amicus Curiae Committee;
  Member, Legislative Committee
• American Bar Association
• Appellate Lawyers Association
• Association of Trial Lawyers of America
  Member, Lead Paint Committee, Chicago Bar Association
• University of Illinois College of Law
  Former Chairman, Alumni Advisory Board;
  Former Chairman, Fundraising Committee;
  Member, Cribbet Society, 1988 - present
• Trial Lawyers for Public Justice
• Chicago Inn of Court
  Former Member, 1997-1998

Author

• "Using Experts in a Premises Liability Case,"
  IICLE Premises Liability Handbook - Chapter 8 Update, 1998.
• "Protecting the Record on Appeal and Post-Trial Motions,"
  ITLA Trial Practice, Law, Tactics and Techniques Seminar, Chicago, April 20, 1996

Honors and Awards

• 1999 Recipient, Illinois Trial Lawyers' Association, for Appreciation of Volunteer Work of Writing Amicus Curiae Briefs to the Illinois Supreme Court
• 1998 Recipient, Trial Lawyer of the Year Finalist, Trial Lawyers for Public Justice, for the Successful Challenge to the Illinois Tort Reform Act of 1995 in Best v. Taylor Machine Works

Activities

• March 2, 2001
  Presiding Judge, Regional Mock Trial Finals, American Trial Lawyer's Association, Richard J. Daley Center, March 2, 2001. Presided over mock trial competition, including making multiple evidentiary rulings and critiquing and grading third-year law students.
• November 2000
  Palm Beach County Recount Committee
  Volunteer attorney worked with more than 300 disfranchised voters to institute a new vote for presidential elections.
• January 1, 2001 - January 2003
  Board Member
  Working in the Schools (WITS)
  A nonprofit organization whose purpose isto assist, guide, and mentor students and underprivileged children.

Representative Speeches

"Special Issues in Catastrophic Injury Cases - Liens and Settlements"  Illinois Trial Lawyers Associates, April 5, 2008

"Your Attack on the Affidavit"  The Chicago Bar Association, December 17, 2007 and December 6, 2006

"Attacking the Affidavit", together with Judge Diane Larsen, Chicago Bar Association Seminar, December 16, 2005, October 20, 2003, October 23, 2002

"Jury Selection, Anatomy of a Trial" Illinois Trial Lawyers Association, February 16, 2004

"Wrongful Death Evidence," Illinois Trial Lawyers Association Education Fund Evidence Seminar, May 5, 2001

"Maximizing Damages," Illinois Trial Lawyers Association Product Liability Seminar, February 19, 2001

"Civil Discovery in Medical Malpractice Cases in the United States" and "The Importance of Jury Trials in Vicil Cases," Trinity College, Dublin, Ireland, April 2000.

"Firearms/Food Products," Illinois Trial Lawyers Association Education Fund Product Liability - Premises Liability Litigation Seminar, February 21, 2000

Examples of settlements or verdicts obtained in cases handled by Mr. Bruce by year of the result of the lawsuit and by the County where the lawsuit was filed, include:

Representative Verdicts

Result: $1,425,000.00

Doe v. Advocate Good Shepherd Hospital, 06 L 8952 (Cook County) (2010)

Plaintiff was a 22 year old woman who had been declared mentally disabled prior to the time of the occurrence.  In June of 2006, the plaintiff was hospitalized at Good Shepherd Hospital for a psychiatric condition.  During the hospitalization, the staff was required to maintain the plaintiff in the day room of the Behavioral Sciences Unit.  The staff failed to keep the plaintiff in the day room and she was sexually assaulted by another patient in the unit.  Plaintiff alleged that the defendant hospital's staff was negligent in failing to monitor and supervise the plaintiff and to follow the physician's orders that she must remain in the day room at all times.

Result:  $1,700,000.00

G. v. Hwang et. al., 04 L 011200 (Cook County) (2010)

Plaintiff was a 41 year old diabetic woman with a pre-existing condition of end stage renal disease.  She presented to Mercy Hospital Emergency Room on several occasions in October of 2002 complaining of headaches, general malaise and neck pain.  On two of those occasions, Dr. Debra Baines was her attending emergency room physician.  The plaintiff was subsequently admitted to St. Bernard Hospital with worsening symptoms.  Dr. Sunt Wana was her attending physician at St. Bernard hospital during this hospitalization.  Plaintiff was eventually diagnosed with a rare condition - an epidural abscess.  As a result of the defendant's negligence, the plaintiff died on November 27, 2002. 

Result:  $5,525,000.00

M v. Undisclosed Municipal Entities, 08 L 4604 (Cook County) (2009)

Plaintiff was a passenger in a vehicle traveling eastbound on 127th Street at or near the intersection of 127th Street and Kedzie in the Village of Blue Island, Illinois when the defendant officer entered the intersection, ignored the traffic device which was illuminated red for northbound traffic, failed to yield the right-of-way for the plaintiff's vehicle and violently collided into the passenger side of the plaintiff's vehicle.  Plaintiff alleged that the defendant was willful and wanton in deciding to initiate and continue the pursuit. Plaintiff suffered multiple injuries including blunt trauma to the chest and abdomen, pulmonary contusions, fractured ribs, fractured pelvis, nerve damage, ruptured spleen, fractured thumb and disfigurement.  Plaintiff was hospitalized for over 30 days and underwent multiple surgeries due to her injuries.

Result:  $2,000,000.00 (plus waiver of the worker's compensation lien)

J v. Naylor, et. al., 03 L 187 (Champaign County) (2009)

L.J. passed away due to an explosion caused by the negligence of the defendants Wayne Choe, Cerion Technologies LIquidating Trust, Nashua Corporation, Bodine Environmental Service, Midwest Engineering Services, Illini Fire Equipment, Co., Ansul Incorporated and Fire Suppression Systems.  Plaintiff suffered severe burns which resulted in his death two weeks following the explosion.

Result:  $3,500,000.00

N.M. v. Charles Orsay M.D., 97 L 928 (Cook County) (2002)

Medical Malpractice Verdict on behalf of plaitniff against Dr. Charles Orsay and Cook County Hospital for the failure to diagnose colorectal cancer. Plaintiff was a 38 year old man leaving a daughter. Defendant failed to identify signs and symptoms of cancer on multiple visits to the doctor. Co-counsel with Larry Rogers Jr.

Result:  $1,550,000.00

R.R. v. Chicago Park District, 94 L 2909 (Cook County) (2001)

Negligence verdict against Chicago Park District for the drowning death of 13 year old Ralph R. Ralph was swimming at Carver Park Pook in Chicago when he drowned. The lifeguards at the pool complex were either absent or on the telephone at the time of his drowning. Co-counsel with Larry Rogers, Jr.

Representative Settlements

Result:  $2,400,000.00

B. v. DRH Cambridge Homes et. al., 05 L 8232 (Cook County) (2009)

Negligence action.  Plaintiff was working on a ladder during the course of his employment when he fell.  Plaintiff suffered a mild traumatic brain injury as a result of his fall and was unable to return to work as a full-time union painter. Plaintiff alleged that the ground conditions were unstable and unsafe on the date and time of the occurrence which caused his fall.  Plaintiff brought an action against DRH Cambridge Homes, the general contractor, and Hollenbeck Construction, prime contractor.

Result:  $2,000,000.00

R. v. Westlake Hospital, No case number (Cook County) (2009)

Medical Malpractice action.  Westlake hospital staff failed to promptly and timely report R.R.'s elevated potassium leval for over 3.5 hours which caused R. to suffer conscious pain and suffering and ultimately caused her death on September 10, 2008.

Result:  $2,725,000.00

K. v. Imperial of HazelCrest, and Shamshuddin, M.D. 04 L 4658 (Cook County) (2008)

Wrongful death action involving nursing home abuse and neglect.  Injuries included malnourishment, dehydration, development of multiple stage IV ulcers and death. ($147,037.07 medical expenses).

Result:  $1,005,000.00

E.N. v. Jankovic, et. al, 05 L 369  (McHenry County) (2007)

August 6, 2005 deft Jankovic was driving while heavily intoxicated when his vehicle skidded on gravel, hydroplaned and hit a utility pole.  Plaintiff, who was a passenger in the defendant's vehicle, suffered a bruised liver and kidney, four broken ribs, a collapsed lung, and fractured acetabulum which required physical therapy.  ($143,208.00 medical expenses). 

Result: $3,117,100.00

D.G. v. CRE Acquisition, Inc., et. al., 02 C 4838 (North District of Illinois - Eastern Division)

Personal injury action in which a plaintiff visiting from out of the country fell down stairs that were improperly located and identified.

Result $800,000.00

K.M. v. Brinkman-Mosiman, et. al., 03 L 100 (Tazewell)

Defendant failed to read and interpret a fetal non-stress test.  Defendant further failed to perform a caesarean section and/or induce the plaintiff when indicated and required.  Injuries:  Wrongful death shortly prior to birth.

Result:  490,000.00

C.W. v. Barlow et. al., 02 L 8851 (Cook County)

C.W. was 12 years old when she was sexually assaulted by a church official at a church convention held in Baton Rouge, LA.  The church official was affiliated with the Church of God in Christ Fifth Jurisdiction, who had received prior complaints of inappropriate sexual misconduct with young girls in regards to church official Barlow.  Defendant Church of God in Christ, Inc. was the national affiliated church who did not hire, fire, employ, or control the church official at issue.

Result:  $1,500,000.00

D.W. v. Kidde et. al., 1:03-cv-01578 (Federal District Court, Northern Illinois)

Settlement in product liability action.  Plaintiff alleged that the fire extinguisher which he was working on was unreasonably dangerous which caused the nozzle to separate from the extinguisher and cause permanent injury to plaintiff's right eye.  Plaintiff sustained partial loss of vision in right eye requiring several subsequent surgeries.

Result:  $3,500,000.00

S.L. v. Gilster Mary-Lee Corporation, 99 L 133 (Kankakee County) (2006)

Settlement in a premises liability action. Plaintiff was an 18 year old man who fell down a manlift at his workplace. Plaintiff alleged at the defendant failed to provide slip resistant material around the man lift and failed to provide a safe place to work. Plaintiff sustained a T-8 compression fracture causing loss of feeling below the waist. Co-counsel with Todd A. Smith.

Result: $1,600,000.00

G.H. v. Growmark, 06 L 65 (Winnebago County) (2006)

Plaintiff, a 25 year old man fell when a catwalk collapsed on an elevated area of an agricultural building. Plaintiff died as a result of his injuries. Plaintiff left a 4 year old son. Plaintiff alleged that the defendant knew or should have known of the inadequate cat walk. Evidence demonstrated that Growmark knew of the dangerous nature of the catwalk prior to plaintiff's fall.

Result: $1,200,000.00

L.K. v. Menards, 00 L 10191 (Cook County) (2005)

Settlement for plaintiff, a 49 year old woman who was injured when a delivery company hired by Menard's negligently delivered a window to plaintiff's home. Defendant asked plaintiff to help move the window when she was pushed and fell down. Plaintiff sustained a head injury.

Result: $17,250,000.00

Northern Trust Company v. Advocate, 00 L 3444 (Cook County) (2005)

Medical malpractice settlement for 17 year old female hospitalized for rehabilitation during recovery from a motor vehicle collision after two brain surgeries, was prescribed anti-coagulation therapy. The therapy was improperly monitored which resulted in further brain injury to the plaintiff. Co-counsel with Todd A. Smith.

Result: $3,166,666.67

Estate of C.H. v. Landmark, 01 L 976 (Sangamon County) (2004)

Settlement in a motor vehicle collision for the wrongful death of a 19 year old minor. Plaintiff brought suit for negligent entrustment of motor vehicle by car dealer when the defendant employee became drunk and drobe the motor vehicle head on into plaintiff's vehicle. Co-counsel with Todd A. Smith.

Result $2,000,000.00

S.Z. v. OANI, 02 L 194 (Winnebago County) (2004)

Medical malpractice settlement for plaintiff, a 46 year old man who underwent multiple back surgeries by defenant doctor. Defendant doctor failed to appreciate the proper vertebral level and operated on the wrong disc space twice. Ultimately, plaintiff underwent additional surgery and suffered from failed back syndrome.

Result: $8,500,000.00

E.S. v. Village of Barrington Hills, 98 L 4793 (Cook County) (2003)

Settlement in motor vehicle collision for injuries to mother and child. A Barrington Hills Police car traveling on the opposite roadway of plaintiff on a two lane highway suddenly stopped. This caused a car behind the squad car to swerve into plaintiff's vehicle causing a head on collision with plaintiff's vehicle. Plaintiff and her unborn son sustained serious injuries. Co-counsel with Todd A. Smith.

Result: $2,250,000.00

Estate of M.J. v. Kenneth Scribner, M.D., et. al., (Macon County) (2003)

Medical malpractice and product liability settlement. Estate claimed that the implanted defibrillator failed and that the treating physician failed to timely diagnose and aggressively treat the plaintiff's cardiac condition.

Result: $2,000.000.00

A.K. v. Malet Realty, 99 L 12651 (Cook County) (2002)

Settlement to 22 year old woman who suffered a spinal fracture and corresponding paralysis when she slipped and fell from the Marina Towers garage manlift while trying to reach a 15th floor unit. Plaintiff had been drinking alcohol prior to the occurrence and could not find the elevator. Plaintiff alleged that the defendants failed to secure the manlift to prevent the public from entering a known and dangerous hazard. Co-counsel with Todd A. Smith.

Result: $1,600,000.00

Estate of B.F. v. Rockford Memorial Hospital & Dr. Weiss, 99 L 106 (Winnebago County) (2002)

Medical malpractice settlement. Estate claimed that from May-Dec. of 1998, the defendant physicians misdiagnosed the plaintiff, a 58 year old woman's coronary artery disease leading to her death on December 11, 1998. At the time of settlement, this was the highest reported settlement for a wrongful death action in Winnebago County.

Result: $3,000,000.00

A.M.D. v. SCR Medical Transportation, 00 L 5412 (Cook County) (2002)

Motor vehicle negligence. Plaintiff, a 75 year old woman, was traveling in a medical van when the driver lost control and struck a parked beer truck. Plaintiff suffered severe orthopaedic injuries and ultimately died. Co-counsel with Joseph A. Power, Jr.

Result: Confidential Amount

K.K. v. Six Flags Great America, 00 l 757 (2002)

Amusement park negligence. Plaintiff, an 11 year old girl, was riding on the Cajun Cliffhanger ride when her toes were caught between the floor and the wall of the ride. Mr. Bruce discovered that numerous other riders had been injured on the same ride in the same fashion. As a direct result of the lawsuit, Six Flags agreed to permanently shut down all rides of this kind in every one of its amusement parks around the world.

Result: $4,500,000.00

S.H. v. Galen Hospital, 95 L 13681 (Cook County) (2002)

Medical malpractice settlement. Plaintiff L.H., a 17 year old woman, left surviving one daughter who was two months old at the time of her death. The defendant doctor failed to properly treat the plaintiff and her brother for a cardiac condition called Long Q.T. Syndrome. Plaintiff alleged that the defendant failed to prescribe and maintain L. on antiarrhythmic medication; failed to hospitalize L. and failed to order timely and appropriate diagnostic studies. Co-counsel with Larry Rogers.

Result: $3,500,000.00

S.H. v. Galen, 95 L 13677 (Cook County) (2002)

Medical malpractice settlement. Plaintiff, a male 9 year old, had a cardiac condition called long Q.T. syndrome. The physicians failed to properly diagnose and treat the syndrome which led to his death on November 16, 1993. The defendants failed to prescribe and maintain him on antiarrhythmic medication, failed to hospitalize him and failed to order timely and appropriate diagnostic studies. Co-counsel with Larry Rogers.

Result: $3,200,000.00

W.D. v. Cohen, 94 L 5863 (Cook County) (2001)

Medical malpractice settlement. Plaintiff W.D., a 30 year old man, sought care and treatment from defendants for severe headaches and lethargy. Defendants failed to diagnose a brain infection which was allowed to grow for a number of days. By the time plaintiff was diagnosed and treated, plaintiff had sustained mild brain damage. Co-counsel with Joseph A. Power, Jr.

Result: $1,800,000.00

L.K. v. Chandrakat, (Cook County) (2001)

Medical malpractice settlement. Plaintiff, a 30 year old woman, died due to a pulmonary embolus. Defendant physician failed to diagnose and treat a pulmonary embolus in the plaintiff despite her repeated complaints of shortness of breath and lethargy.

Representative Appeals

R. v. Wyeth, 377 Ill.App.3d 20 (1st Dist. 2007)

G. v. State Farm Insurance, 215 Ill.2d 381 (Ill., 2005)

S. v. Mercury Marine, 537 U.S. 51 (U.S.Ill., 2002)

L. v. Gilster-Mary Lee Corporation, 327 Ill.App.3d 801 (3nd Dist. 2002)

S. v. Chicago Park District, 323 Ill.App.3d 574 (Ill., 2001)

G. v. Chicago Transit Authority, 312 Ill.App.3d 1005 (Ill.App.1st Dist. 2001)