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Gerald Rohrer has built a stellar reputation as a strong and knowledgeable advocate for his clients, not only in the trial and appellate courts, but in the Illinois Supreme Court as well. He uses his experience as a litigator, trial attorney and appellate advocate as the cornerstone for the full range of services he provides. From negotiating complex contracts, to counseling businesses and governmental entities, he is able to incorporate a litigator’s perspective into all his work. Gerald believes helping clients avoid the courtroom is just as important as achieving success there.
Gerald’s accomplishments in managing major multiparty defense litigation are an outgrowth of his experience early in his career helping run political campaigns and working in the upper echelons of a major governmental entity. High-pressure, high-stakes positions are a common thread in his professional life. While attending law school at night, Gerald held various administrative and policy positions at the Cook County State’s Attorney’s Office, where he advanced to the position of assistant to the State’s Attorney. In that capacity he advised the state’s attorneys, first assistant and chief executive assistant regarding policy, law-enforcement matters and legislative issues. He also participated extensively in media relations. In addition, he authored testimony given before a Congressional subcommittee and helped form the Coalition for Truth-in-Sentencing, which contributed to the historic revamping of Illinois’ criminal code regarding good-behavior prison credit for felons. Prior to his government work he served as field director for a successful countywide political campaign.
Before joining Schuyler Roche Gerald practiced law at another Chicago firm where he concentrated, as he does today, in tort defense litigation, commercial litigation, insurance coverage and business counseling. Attracting him to Schuyler Roche was the reputation of our partners in these areas of law and our expertise in numerous other arenas, the breadth and depth of which, he says, have ensured the highest quality of representation for clients and a stimulating environment for the practice of law.
Gerald's extensive history in high-pressured jobs has contributed to the quality of his representation today and the trust he has earned from clients. Confident, forthright and service-oriented, he has successfully defended and advised clients regarding a wide range of subjects. He counsels major construction firms, real estate developers and local government entities regarding insurance coverage and commercial or general liability. His litigation practice includes defending both corporate and governmental clients in complex cases involving insurance coverage disputes and automobile, property and construction liability resulting in injury or wrongful death. He also litigates mechanics' lien matters and commercial disputes. In addition, he is a skilled appellate practitioner.
Gerald has acquired extensive experience in the Circuit Courts in Lake, Cook and Will counties and in the Federal District Court for the Northern District of Illinois, which has established qualifications attorneys must meet before trying cases there. His practice continues to evolve in its scope and complexity. For example, he currently is representing a governmental entity in complex, multi-party suits arising out of work being done on a sewage-treatment plant.
In addition to obtaining a growing number of trial court victories, Gerald has developed an impressive record in the Appellate Court of Illinois. Of note was his victory in Martens v. MCL Construction Corporation, 807 N.E.2d 480 (1st Dist. 2004), wherein the summary judgment he obtained in the trial court on behalf of an owner/general contractor was unanimously affirmed. The case was a construction negligence action in which an ironworker sustained extensive injuries after falling several stories from a steel beam. The decision addressed, in part, whether an owner/general contractor owed a duty to the employee of a sub-tier contractor.
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Further, Gerald argued before the Illinois Supreme Court in January 2004 in a matter that will affect every unit of government in the state. The Supreme Court has taken the case of Paszkowski v. Metropolitan Water Reclamation District under advisement and is deciding whether in this construction matter the four-year statute of limitations applies when suing a governmental entity or, as Gerald argued, the one-year limitation period applies as found in the Tort Immunity Act. An interesting aspect of this case is that after Gerald successfully secured trial court dismissal and following the plaintiff’s appeal, the appellate court, in an unusual move, refused to uphold one of its own prior decisions on point and reversed the dismissal of the case. This reversal created a clear split in legal authority, as reported on the front page of the Chicago Daily Law Bulletin, thus setting the stage for intervention by the Illinois Supreme Court [Paszkowski v. Metropolitan Water Reclamation District (1st Dist. 1-01-4419)].
Cases in which Gerald has secured appellate affirmation of his trial court successes include:
- affirmation of summary judgment on behalf of the Water Reclamation District in a wrongful death case stemming from the construction of the Deep Tunnel; the court addressed the issues of the relationship of construction site owners to the actual construction activities and what duty, if any, owners owe to employees of independent contractors. [Mercantile National Bank of Indiana v. Metropolitan Water Reclamation District (2001, 1st Dist. No. 1-00-2502)]
- a construction negligence action involving injury to a subcontractor's employee during the assembly of a crane; Gerald attacked the question of proximate cause as a matter of law, winning the lower court's approval and appellate affirmation [Robert Elsinga v. Kenny Kiewit Shea, a Joint Venture (2002, 1st Dist. No. 1-01-3848)]
- a product liability and construction negligence action in which the plaintiff alleged injury from falling debris caused by a mining machine used during the construction of the Deep Tunnel; representing the Metropolitan Water Reclamation District, Gerald established that the District, as a matter of law, did not owe the plaintiff a duty of care and, further, that the District was immune under the provisions of the Illinois Tort Immunity Act; in issuing a Rule 23 order, the appellate court affirmed this decision [Michael Dahlen v. Metropolitan Water Reclamation District, et al. (2003, 1st Dist. No. 1-01-3145)].
In addition, Gerald has:
- presented several cases for arbitration on behalf of major construction companies
- negotiated several pretrial settlements for general contractors, developers and property owners in a wide range of personal injury matters
- assisted in counseling large construction firms and developers regarding contract language and job-site safety programs
- litigated construction lien matters for major construction firms.
The breadth and complexity of Gerald’s career have proven a notable asset to clients who depend not only on his courtroom abilities, but on his sound judgment, advice and insight. If Gerald Rohrer’s qualifications and record of success appeal to you, we encourage you to call him.
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