Carolyn Daley

Partner

Carolyn Daley joined Power Rogers in 2006 concentrating her practice in all areas of personal injury, wrongful death matters, including medical malpractice, automobile accidents, trucking negligence, bicycle collisions, aviation accidents, products liability, premises liability, sexual assault, abuse, and defamation. Ms. Daley also prosecutes qui tam, commonly known as "whistleblower," actions for fraud committed against the United States, State of Illinois, and City of Chicago.

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Biography

Carolyn Daley joined Power Rogers in 2006 concentrating her practice in all areas of personal injury, wrongful death matters, including medical malpractice, automobile accidents, trucking negligence, bicycle collisions, aviation accidents, products liability, premises liability, sexual assault, abuse, and defamation. Ms. Daley also prosecutes qui tam, commonly known as “whistleblower,” actions for fraud committed against the United States, State of Illinois, and City of Chicago.

Ms. Daley received her bachelor’s degree from Georgetown University in 2002 where she focused her studies on psychology and government. She attended law school at DePaul University College of Law, receiving her juris doctorate in 2006. Ms. Daley continued her commitment to Georgetown since her graduation serving as an interviewer for the alumni interviews required of all applicants to the university. She also served as the Georgetown Scholars Program Chair for the Chicago region providing support to students as they navigate through elite higher education. The majority of GSP students are the first generation in their families to attend college. The mission of GSP is to work towards a more equitable college experience for first-generation and low-income college students.

Ms. Daley also prosecutes qui tam, commonly known as “whistleblower,” actions for fraud committed against the United States, State of Illinois, and City of Chicago.

In addition to her dedication to justice for her clients, Ms. Daley also devotes her time to Special Olympics Chicago / Special Children’s Charities. She currently serves on the Board of Directors and was President of the Board of Directors from 2020 through 2022. Special Olympics Chicago/ Special Children’s Charities provides year-round sports training and athletic competition in a variety of sports to children and adults with intellectual and developmental disabilities. In 2022, the charity partnered with City Colleges and Anixter Center founding the After 22 Program which provides education and job training support to adults with intellectual disabilities beyond the age of 22.

Ms. Daley also serves on the Board of Directors for the Chicago Children’s Advocacy Center. ChicagoCAC is the city’s only not-for-profit organization that coordinates the efforts of child protection staff, law enforcement professionals, family advocates, medical experts, and mental health clinicians under one roof to respond to reports of child sexual abuse, physical abuse, witness to violence, and other serious maltreatment and trauma. The services provided by ChicagoCAC are aimed at reducing trauma so that children and families may begin the healing process.

Ms. Daley is a lifelong Chicagoan who enjoys spending time with her two sons and their two dogs.

Professional Memberships

Ms. Daley is an active member of various professional organizations, including the Chicago Bar Association, Illinois Trial Lawyers Association, American Bar Association, Women’s Bar Association of Illinois, Illinois State Bar Association, and the American Association for Justice. Ms. Daley is active in the Women’s Trial Lawyer Caucus with the American Association for Justice, advocating for victims’ rights across the nation. Ms. Daley has previously served as an officer in the Qui Tam Litigation Group and the Protecting First Responders Litigation Group in the American Association for Justice.

Since being appointed in 2018, Ms. Daley has continued to serve on the Illinois Supreme Court Board of Admissions to the Bar, Committee on Character and Fitness. The Committee on Character and Fitness makes recommendations to the Board of Admissions to the Bar regarding whether an applicant possesses the requisite character and fitness for admission to the practice of law. She has also served on the Chicago Bar Association’s Judicial Evaluation Committee since 2013. The Judicial Evaluation Committee conducts evaluations of candidates for judicial offices and sitting judges seeking retention within Cook County. As a service to the public, the Chicago Bar Association reports these findings and recommendations to the public for all elections.

Results

Examples of settlements or verdicts obtained in cases handled by Ms. Daley include:

R.C. and L.C. v. Northwestern Memorial Hospital, and Dr. Stephanie Kielb.

Result: $10,455,566



Power Rogers attorneys Carolyn Daley and Dominic LoVerde secured a $10,455,566 verdict for their clients in a medical malpractice case. The case involved Dr. Kielb and Northwestern Memorial Hospital’s failure to properly diagnose R.C.’s incontinence, then negligently placing retropubic mesh and sling. The sling was removed months later, but R.C. continued to have pain and burning sensations in her pelvic region due to muscle and nerve damage. After a 2.5 week trial, the jury returned a verdict of $10,455,5, which was 5x more than Dr. Kielb and Northwestern’s pretrial offer.

Calbert v. Advocate Healthcare, et al – 09 L 1448 (Cook County)

Verdict: $10,425,000



Medical malpractice verdict. Our client, C. Calbert, visited Advocate South Suburban Hospital because he had diarrhea for several days. Eleven days later, he was taken into surgery. To compensate for the drop in blood pressure he was experiencing, the patient was administered Levophed, a vasopressor medication. After surgery, he was instructed to slowly be taken off Levophed and switched to Neosynephrine, but only if his blood pressure dropped below 100. According to the plaintiffs, in the days immediately following his surgery, the ICU nurses did not perform the necessary testing on the arterial line – the line being used to monitor blood pressure. Because they were not testing the correct lien, there was a false read of low blood pressure. Because they detected low blood pressure, the staff gave the patient maximum doses of vasopressors, which he did not actually need. The overdose ultimately caused ischemia that necessitating amputation of his left arm and all of his toes.

Co-counsel with Larry R. Rogers, Sr., and Larry R. Rogers, Jr.

D.W., Individually and as Special Administrator of the Estate of C.A, deceased v. Apex Mortgage Corporation, et al, 11 L 8438 (Cook County)

Settlement: $10,000,000.00



Wrongful death settlement. This cause of action arose from the injuries and subsequent death of C.A., a 34 year old City of Chicago Firefighter, resulting from a building collapse at 1738-1744 E. 75th Street in the City of Chicago on December 22, 2010. The Property was purchased by Defendants CHUCK DAI and RICHARD DAI and Defendant APEX MORTGAGE CORP., held the Mortgage Security Agreement for the Property. In 2008, the mortgage on the Property was in default and APEX MORTGAGE CORP. began discussions with the Dais to accept a deed in lieu of foreclosure. After receiving the signed deed in lieu of foreclosure documents from the Dais, Apex hired a real estate broker to assess the Property, change the locks, clean out the Property, and board up the Property.

Upon inspection, the real estate broker determined that the Property was in poor condition. Apex subsequently made a Property loss claim with its insurance company that it had force placed insurance for a partial roof collapse. The Property loss claim was subsequently denied and Apex was provided with an engineer’s report of the Property from the insurance company which stated that the condition of the roof was a result of chronic lack of maintenance and total rotting having occurred of the roof beams. Throughout this time period, Apex was a defendant in a City of Chicago Housing Court case for the Property and was aware of the numerous code violations, including structural concerns with the roof and the walls at the Property.

On December 22, 2010, at about 6:52am, a small rubbish fire occurred in the Property and the Chicago Fire Department responded. Firefighters, including C.A., forced entry into the Property to determine there were people inside the Property. While inside the Property, the east wall failed causing a total collapse of the timber truss roof onto firefighters, including C.A. As a result of the collapse of the timber truss roof, C.A. suffered severe and permanent injuries resulting in his death on December 22, 2010.

Plaintiff alleged that Apex had taken possession and control of the Property beginning in 2008. Apex was aware of the severe and dangerous structural problems and code violations at the Property, but it failed to do anything to remedy any of the conditions at the Property putting every person who walked into the Property in harm’s way, including Firefighter C.A. on December 22, 2010.

Firefighter C.A. left surviving him his wife, D.W., and their son, who was one years old at the time of C.A.’s death.

Co-counsel with Joseph A. Power, Jr.

D.E. v. Service Partners, LLC, et al – 09 L 23 (Ogle County)

Settlement: $5,500,000.00



Wrongful death and vehicular negligence verdict. On April 23, 2008, Plaintiff’s decedent was operating a motorcycle eastbound on Rte. 38 with his wife, Plaintiff, D. E., as a passenger on their way to work at Northern Illinois University at approximately 7:45 a.m. when Defendant, Gerald W. Hemker, who was operating a semi-tractor trailer, as an employee and/or agent of Defendant, Service Partners, LLC, westbound on Rte. 38 attempted to turn left off of westbound Rte. 38 onto the southbound ramp for I-39 in front of the motorcycle. The motorcycle struck near the middle of the semi-tractor trailer on the passenger side of the truck. The decedent sustained multiple blunt trauma to his head, chest, and pelvis which led to his death that day. The Plaintiff sustained multiple open pelvic fractures with disruption of the pelvic circle, closed fracture of eight or more ribs, acute pulmonary collapse, closed fracture of sacrum or coccyx, contusion of genital organ, pneumothorax and contusion of lung. She has had a number of surgeries. She also has drop foot and is required to use support devices.

The jury returned a verdict of $5,000,000.00 to the Plaintiff for her disfigurement, loss of normal life, pain and suffering, emotional distress, services received, and present cash value of future services. The jury returned a verdict of $1,000,000.00 reduced by 50% contributory negligence for the wrongful death of the decedent.
Co-counsel with Joseph A. Power, Jr., and Todd A. Smith.

Motor vehicle negligence – July 6, 2006

Settlement: $5,000,000.00



Motor vehicle negligence – July 6, 2006 the defendant’s van driver had a blood alcohol above the legal limit, when he crossed the grassy center median of I-55 in Plainfield Township, and struck the Plaintiff’s decedent’s northbound car head on, causing multiple blunt force trauma resulting in death. She was survived by her husband and 2 adult children.

N. A., as Independent Administrator of the Estate of R. R., Deceased v. Northwestern Memorial Hospital, 13 L 9055 (Cook County)

Settlement: $4,800,000.00



Medical malpractice settlement. The decedent presented to Northwestern Memorial Hospital for labor and delivery. She was delivered by caesarian section at 10:30 p.m., delivering her first child and the sole heir to this cause of action. The decedent experienced intraoperative and postoperative bleeding and passed away in the early morning hours of November 13, 2012. The defendants failed to properly monitor her labor and delivery, failed to timely perform a caesarian section and failed to timely monitor and treat blood loss following caesarian delivery. The decedent’s sole heir was hours old at the time of her passing.

Co-counsel with Joseph Balesteri

H.J., Individually and as Special Administrator of the Estate of G.W. v. Feldman, et al, 07 L 14237 (Cook County)

Settlement: $3,900,000.00



Dental malpractice settlement. On December 17, 2007, G.W., a 46 year old female, went to Defendant Feldman to undergo a root canal. Defendant Feldman gave G.W. intravenous sedation in an excessive amount and failed to monitor G.W. adequately. As a result, G.W. suffered cardiac arrest and subsequently died. G.W. was survived by her son.

Co-counsel with Larry R. Rogers, Sr.

Motor vehicle negligence – January 7, 2007

Settlement: $5,000,000.00



Motor vehicle negligence – January 7, 2007 the defendant’s semi-tractor trailer driver failed to stop for slowing traffic on southbound I-65 at mile marker 138 in Boone County, IN, and rear-ended the plaintiff’s vehicle. The plaintiff’s husband died and she suffered right radial and ulnar fractures requiring surgical repairs.
Co-counsel with Joseph A. Power, Jr.

M.L. as Special Administrator of the Estate of M.L., deceased v. Northwestern Medical Faculty Foundation, 09 L 004942 (Cook County)

Settlement: $2,750,000.00



Medical malpractice settlement. 16 day old male survived by his parents, experienced brain injury at birth due to a failure to respond to late decelerations in fetal heart tracings resulting in his death.
Co-counsel with Joseph W. Balesteri.

J.K and N.K., Individually and as Special Co-Administrators of the Estate of J.K., deceased v. Harmon Grain, et al, 07 L 00009 (Ogle County)

Settlement: $2,000,000.00



Vehicular negligence settlement. On September 22, 2005, the J.K. was a 24 year old male who was driving westbound on Route 64 near Chana Road in Ogle County, Illinois when the Defendant driver who was operating a tractor trailer for Defendant Harmon Grain failed to stop at the stop sign on southbound Chana Road and struck the motor vehicle being operated by J.K. who died as a result of the injuries sustained in the motor vehicle accident. The Defendant driver was driving under the influence of drugs and was cited for numerous violations on his tractor trailer. At the time of his death, J.K. left surviving him his parents and his sister.

D.N, individually and as special administrator of the Estate of J.N., deceased, v. Unnamed Apartment Complex, 11 L 005686 (Cook County)

Settlement: $1,775,000.00



Premises settlement. On January 19, 2011, J.N. was a 63 year old sub-contractor working at the defendants’ apartment complex when he slipped and fell on an unreasonably dangerous icy parking lot. Plaintiff alleged that the defendants were negligent in their maintenance of the parking lot, including plowing and salting, resulting in unreasonable dangerous conditions. As a result, J.N. fell and suffered severe injuries resulting in his death.

Mayhorn v. City of Chicago, 09 L 13503 (Cook County)

Settlement: $1,500,000.00



Wrongful death verdict. On March 10, 2009, Matthias Mayhorn was at his home when 2 plain clothes officers arrived to arrest him pursuant to an investigative alert for a domestic incident. Mr. Mayhorn fled into his bedroom and attempted to exit a 2nd floor bedroom window when he was grabbed by his legs by the officers. The officers alleged that Mr. Mayhorn pulled a gun on them while he was attempting to evade arrest through the 2nd floor window and while being held by his feet by the officers. The defense further alleged that the police officers shot Mr. Mayhorn twice when he refused to drop the weapon and were justified in the use of deadly force in doing so. The Plaintiff established that Mr. Mayhorn was not shot at the window as the defense contended in a struggle with the police officers, but more likely than not was shot in the gangway below where he did not pose a threat of imminent death or serious bodily harm to the police officers or others. The Plaintiff introduced forensic evidence found at the scene, and testimony from a forensic pathologist regarding the downward and forward trajectory of the bullet wounds to the back of the head and the leg, to establish that Matthias was shot from a distance, and not at close range as the officers suggested. The Plaintiff also alleged that the lack of fingerprints or other evidence tying the weapon found at the scene to Matthias Mayhorn fit the profile for that weapon being a “drop gun” that was dropped at the scene to explain the unjustified shooting. The jury awarded $1.5 million dollars for the loss that Mr. Mayhorn’s three minor children suffered due to his death.
Co-counsel with Larry R. Rogers, Jr., and Sean Houlihan

N.G v. Thoms (Lake County)

Settlement – $1,100,000.00



Motor vehicle accident – N.G. was operating her vehicle westbound on Route 60 near the intersection of Route 43 when the defendant, who was driving eastbound on Route 60, turned left and struck N.G.’s vehicle. Defendant failed to yield the right of way causing the accident. N.G. suffered a right patellar fracture, a right tibial and fibular fracture, and right middle and medial cuboid fractures. Her injuries required surgical intervention, hospitalization for 13 days, in home health care, and extensive physical therapy.

C.D. Individually and as Special Administrator of the Estate of J.P., deceased, v. Unnamed Medical Center and Security Company (Winnebago County)

Settlement – $1,000,000.00



Premises liability – On the evening of May 31, 2016, J.P. accompanied his spouse, C.D., an employee of deft medical center, to the clinic to check on a security matter. There they encountered the spouse of one of the medical center owners, who stabbed J.P., and caused fatal injuries. Allegedly, there had been an ongoing business dispute between the owners of the clinic. On multiple previous occasions, police were involved in incidents that took place on the clinic property involving the one owner’s husband. Both deft owner and deft security company were aware of the history. On the date of the attack, the owner instructed the security company that because of the previous incidents, that if there were any security issues to immediately call the police. Despite these instructions, the security company called C.D but failed to warn of the potential danger. Then they called police on the non-emergency line advising only of a commercial property alarm.

Jane Doe v. The Langham Hotel, et al (Cook County)

Settlement – $1,000,000.00



Sexual assault – Jane Doe was a client at The Langham Hotel’s Huang Spa when she was sexually assaulted by Joseph Mitchell, a massage therapist employed by The Langham. Defendant Mitchell had a history of complaints by massage therapy clients for sexual assault, exposing their genitalia, and inappropriate sexual conduct while providing massage treatments. These complaints resulted in his being terminated from previous employers prior to working at The Langham. In addition, prior to Jane Doe being assaulted, The Langham had received a previous complaint regarding Defendant Mitchell’s conduct. Despite knowing this history and complaints, The Langham failed to terminate this employee, continued to allow him to massage female clients, and failed to protect female clients from his sexually predatory behavior. During a massage, Jane Doe was sexually assaulted, inappropriately touched, and had her genitalia exposed.

R.F. v. Gercek, et al, 08 L 002975 (Cook County)

Settlement: $1,000,000.00



Vehicular negligence settlement. On September 12, 2007, the Plaintiff, R.F., was a 74 year old female who was a pedestrian crossing Delaware Street near 175 E. Delaware in Chicago, Illinois when she was struck by the van the Defendant, I.G., was operating in reverse on Delaware Street while attempting to make a delivery at the John Hancock Building. The Plaintiff sustained a traumatic brain injury, oral injuries necessitating multiple oral surgeries, and knee and hip injuries as well.
Co-counsel with Joseph A. Power, Jr.

Results

$245,000 Recovery – Motor Vehicle Accident

– Carolyn S. Daley

C.S.W. v. Arreola – State Farm Insurance Company for Underinsured Motorist Claim (Cook County)



Motor vehicle accident – C.S.W. was a pedestrian in a crosswalk struck by a vehicle being operated by Arreola who was unable to see due to her windshield being “fogged up.” C.S.W. suffered a bilateral fracture of the right and left humerus, periorbital hematoma resulting in temporary left visual field deficits, and a concussion.

Settlement – $245,000.00

$230,000 Recovery – D.F. v. Dog Owner

– Carolyn S. Daley



Dominic LoVerde, on behalf of his client, secured a $230,000 settlement for a dog bite victim who was injured while visiting another’s residence.

$425,000 Recovery – Premises Liability

– Carolyn S. Daley

L.M. v. Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino



On November 21, 2019, L.M. was walking from the parking garage into Rivers Casino. She tripped and fells as a result of a negligent curb design and placement of a slab of concrete behind the curb. L.M. while walking up the sidewalk from the street turned to go towards the entrance when she tripped as a result of the raised edge of the curb that was not visible to the eye as a result of the modification that Rivers Casino made behind the curb. The evidence revealed that Rivers Casino modified the curb area and placed a slab of concrete behind the curb because people were walking through the wood chip and plantings in that area causing dirt to be brought into the Casino. This modified the curb area to have a slab of concrete behind it that was the same color and so it would be hard for a pedestrian to visualize the raised curb area. They never painted the curbed area to clue a patron in to the raised edge. Rivers was negligent in the placement of this slab of concrete, creating an unreasonably dangerous condition with the raised curb which was a proximate cause of the fall. L.M. suffered a shoulder injury requiring a reverse shoulder replacement.

Settlement – $425,000.00

$500,000 Recovery – Premises Liability

– Carolyn S. Daley

N.C. v. Unnamed clothing store (Cook County)



Premises Liability – N.C. was shopping at an unnamed clothing store when she tripped and fell as a result of an empty portable clothing rack being left between the aisles. Due to the clothing rack being empty and the manner in which it was left out, it was not easily visible and was a tripping hazard. The unnamed clothing store had policies that prohibited employees from leaving clothing racks unattended or leaving them empty within the aisles due to it being a tripping hazard to customers in the store. N.C. sustained a 4-part fracture of the surgical neck of the humerus with marked disruption of the humeral head with intraarticular incongruity with separation right at the joint. As a result of her injuries, N.C. underwent a full shoulder replacement.

Settlement – $500,000.00

$527,000 Recovery – L.K. v. Security Company (2022)

– Carolyn S. Daley



Dominic LoVerde, on behalf of his client, secured a $527,000 settlement. In November 2021, L.K., a minor, and three others allegedly broke into a commercial property. It was alleged that while L.K. left the premises, security guards pursued L.K. and exercised unreasonable force causing L.K.’s injuries. L.K. was charged with criminal trespass but the charges were dropped. The security company contested liability but after negotiations and litigation, were willing to resolve.

 

Education

  • DePaul University College of Law, Chicago, Illinois
    • J.D. – 2006
  • Georgetown University
    • B.A. – 2002

Practice Areas

 

  • Personal Injury
  • Wrongful Death
  • Medical Malpractice
  • Products Liability
  • Sexual Abuse/Assault

Professional Associations

  • Chicago Bar Association
  • Illinois State Bar Association
  • Illinois Trial Lawyers Association
  • Women’s Bar Association of Illinois
  • American Bar Association

Bar Admissions

  • Illinois, 2006
  • U.S. District Court Northern District of Illinois, 2007
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