Heyl Royster

 

Mitch Hedrick

Mitch Hedrick


Significant Cases

  • Menold Construction, Inc. v. Prather – Peoria County Circuit Court (2014) Represented construction and restoration contractor at bench trial in breach of contract action. Defendant refused to pay under the terms of a written contract for water damage remediation and repair services. At trial, Defendant argued the contractor had not performed its services in a workmanlike manner. Defendant also argued the contract was void as against public policy because 1) the contractor used unreasonable pricing lists established by a 3rd party vendor and 2) the contractor conspired with competitors in the area to set the price of construction services in violation of the Illinois Antitrust Act. The Court found the contractor had performed its services in a workmanlike manner. The Court further found that the use of the 3rd party vendor pricing list was standard in the industry and reasonable. The Court finally found that there was no conspiracy or agreement between the contractor and its competitors to set prices for construction services and therefore no violation of the Illinois Antitrust Act. The Court entered judgment in the contractor's favor and awarded damages for the amount invoiced, pre-suit interest, court costs, and reasonable attorneys fees.
  • Vesoulis v. Massey Roofing, Inc. – Peoria County Circuit Court (2014) Plaintiff homeowner hired Massey Roofing to install a rubber membrane flat roof on a portion of the historic John W. Gift Mansion in Peoria, Illinois. Plaintiff alleged Massey Roofing negligently installed the flat roof, resulting in significant water damage to the interior of the home. Massey Roofing employees testified that the company performed two water leakage tests at the request of the homeowner and determined the sources of the leak were a skylight and door frame installed by a different contractor after Massey Roofing's work was complete. Plaintiff admitted on cross-examination that the skylight and door frame were outside the scope of Massey Roofing's contract. Plaintiff also admitted the water leakage tests showed absolutely no defects in the work Massey Roofing performed. The trier of fact returned a verdict for Massey Roofing, finding that the Plaintiff failed to prove Massey Roofing breached the duty of workmanlike performance or that Massey Roofing's work was the cause of the damage to Plaintiff's home. The Court entered judgment in Massey Roofing's favor and awarded no damages to the Plaintiff.

Publications

  • “But I Didn’t Do Anything Wrong, It Was My Employee! The Impact of Vicarious Liability On Modern Employers,” Getting Down To Business – Heyl Royster Business & Commercial Litigation Newsletter (2018) - Read Article
  • “Win The Battle of the Experts: Tips for Retaining and Disclosing Expert Witnesses,” DRI – The Voice (2018) - Read Article
  • “The Duty to Settle, Bad Faith, and Ethics” IICLE Insurance Coverage Institute: Downstate(2018)
  • “The Truck Driver: The Lynchpin of the Case,” ABA Commercial Transportation Litigation Committee Newsletter (2017) – Download Article
  • "#Evidence: Social Media In Trucking Cases," DRI, In Transit - The Newsletter of the Trucking Law Committee (2017) – Read Article
  • "On The Horizon – Employee Paid Health Care Time Act" Employer's Edge – Heyl Royster Employment Newsletter (Spring 2016) - Read Article
  • "The Truck Driver: The Cornerstone of the Defense," Heyl Royster Trucking Newsletter (2015) - Read Article
  • "How to Protect Your Practice When You Have to Let Employees Go," Impact Magazine (2013)

Public Speaking

  • “Preservation of Electronic Data and Documents: What Can Happen in Litigation”
    Mid-West Truck & Trailer Show 2019
  • “Developing a Positive Safety Policy for Your Company”
    Illinois Trucking Association Safety and Maintenance Conference 2018
  • “Positive Safety Policies and Risk Management Strategy”
    Cottingham Butler Claims Services 2018
  • “Key (and Timely) Issues in Trucking Litigation”
    Mid-West Truck & Trailer Show 2018
  • “Investigation in Trucking Accidents”
    CCMSI 2017
  • “Ethnically Unbundling Legal Services: Limited Scope Representation and Ghostwriting”
    Abraham Lincoln American Inn of Court 2017
  • “Black Box Retention & Spoliation”
    Greater Peoria Claims Association 2017
  • “Social Media: Gathering, Discoverability, and Evidentiary Considerations”
    Greater Peoria Claims Association 2017
  • “Defending Your Company Before and After a Lawsuit or Claim is Filed”
    Mid-West Truck & Trailer Show 2017
  • “NLRB Decisions: How They Affect Your Work Environment”
    How to Protect Your Company/Minimize Risks in the Workplace Heyl Royster Seminar 2014
  • “Now Playing in a Venue Near You: Statutes, Supreme Court Rules, And Local Rules Applicable To Mediation And Arbitration Practice In Illinois Courts”
    Abraham Lincoln American Inn Of Court 2014
  • “Current Legal Issues For IESA Athletic Directors: Injuries to Student-Athletes and Non-Participants At Sporting Events”
    Illinois Elementary School Association Athletic Directors Workshop 2013