Carlton D. Fisher concentrates his trial practice in the defense of commercial litigation, commercial motor vehicle, general liability and product liability cases involving personal injury, catastrophic injury, wrongful death, property damage and commercial damages.
Mr. Fisher is a Fellow of the American College of Trial Lawyers, has tried more than 80 civil cases to verdict in Illinois, Indiana, Maryland, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas and Washington, and has been admitted pro hac vice in over 30 state and federal courts.
Mr. Fisher has represented American trucking companies and European, Asian and American product manufacturers in their lawsuits throughout the United States, served as national trial counsel for a management services company and several consumer services companies, and acted as national product liability supervisory counsel for a consortium of international amusement ride companies.
Mr. Fisher is the Leader of the Transportation Practice Group of Hinshaw & Culbertson LLP. In 2005 he was named to the Super Lawyer list in the area of Transportation by Illinois Super Lawyers magazine, and since 2006 he has been recognized annually in the area of Transportation/Maritime law on the Super Lawyer list.
While a Judge Advocate with the U.S. Marine Corps, Mr. Fisher tried more than 250 federal felony cases involving murder, robbery, burglary, larceny, drug offenses and military offenses.
In 1985 and 1986, Mr. Fisher tried 10 straight cases to defense verdicts, the streak coming to an end in a hung jury on a wrongful death case. His trial record has continued into the second decade of the 21st century where he has prevailed in over 70% of his cases tried.
In addition to his other accomplishments during law school, Mr. Fisher was the recipient of the Waterman Prize and the Rickert Award for Excellence in Moot Court.
Representative Matters :
- Scheinman v. Martin’s Bulk Milk: A multi-millionaire plaintiff was rear-ended by a co-defendant truck driver employed by a co-defendant motor carrier. Plaintiff’s brain injury and 3rd degree burns caused him to be institutionalized for the rest of his life. Our broker and shipper clients moved for summary judgment arguing that there was insufficient evidence to show that the driver was an agent of the broker and shipper. The motions were made in the face of significant Illinois appellate case law that suggests a broker and shipper may be held liable if there are indicia of control demonstrated by the broker or shipper. The Chief Judge of the Northern District of Illinois granted summary judgment to the broker and shipper. After summary judgment was granted, case settled with trucking company for multiple millions of dollars. Scheinman v. Martin’s Bulk Milk, 2013 WL 6467525 (N.D.Ill.)
- Walters v. Maren Engineering: An employee at a Kansas paper recycling company severely injured his hand in an altered and modified recycling machine. A choice of law motion filed on the eve of trial resulted in Kansas’ several liability law being applied. The appellate court affirmed the trial court’s application of foreign law, and Kansas practitioners use this case as an example of the requirements for advancing a several liability and phantom defendant defense. Walters v. Maren Engineering, 246 Ill.App.3d 1884, 617 N.E.2d 170 (1st Dist. 1993).
- Welch v. Central Transport: In this admitted liability case, the truck driver struck and killed the plaintiff’s decedent pedestrian at a tollway booth. At trial, the plaintiff’s family members extolled their son’s and brother’s virtues, although his estranged father testified that he was dishonest and loose with money. Our client offered $200,000. The verdict was $199,000.
- Alop v. Edgewood: Child playing on condominium association’s playground sustained head injury after falling from slide onto hard surface without sand, chips or cushioning. Defendant’s summary judgment motion was granted and upheld on appeal, based on obviousness of risk of falling even to a four-year-old. Alop v. EdgewoodValley Condominium Association, 159 Ill.App.3d 482, 507 N.E.2d 19 (1st Dist. 1987).
Professional Affiliations :
- Chicago Bar Association
- Judicial Evaluation Committee
- Continuing Legal Education Committee
- Trucking Law Subcommittee
- Illinois Association of Defense Trial Counsel
- Transportation Lawyers Association, Litigation Committee
- J.D., University of Illinois College of Law, 1978
- B.A., with high distinction,, University of Illinois, 1975, Political Science
- U.S. Court of Appeals for the Armed Forces
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois Trial Bar
- U.S. District Court for the Northern District of Indiana
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