Andrew C. Corkery

Location: Belleville, Illinois
Phone: 618-277-9000
Fax: 618-277-4594

Location: St. Louis, Missouri
Phone: 314-621-7700
Fax: 314-621-1088
Email: acorkery@boylebrasher.com
 

Narrative:

Andy, a Partner with the firm since 2010, primarily focuses his practice on transportation law and medical malpractice. He has represented railroads his entire career and has litigated numerous FELA, crossing and trespasser cases. He also represents trucking companies as well as other types of transportation defendants. In his medical malpractice work, he defends hospitals, doctors and other healthcare providers throughout Illinois. He devotes a significant amount of his practice to defending long term care facilities in cases involving falls, development of ulcers and other types of alleged neglect. He attended the National Association of Railroad Trial Counsel Trial College. While in law school, Andy served as a clerk for Judge Lawrence Mooney of the Eastern District Court of Appeals in Missouri.

He has received the rating of AV Preeminent from Martindale-Hubbell which is the highest peer rating standard. According to Martindale-Hubbell guidelines, this rating signifies that the lawyer’s reviewed peers rank him at the highest level of professional excellence. He has also been named one Americas Top 100 Civil Defense Litigators for Illinois. Only the top 100 qualifying defense litigators in each state will receive this honor and be selected for membership among America’s Top 100 Civil Defense Litigators. Less than one-half percent (0.5%) of active attorney’s in the Unites States will receive this honor.

Andy has recently been appointed as the Chairperson of the Illinois State Bar Standing Committee on Legal Education, Admission, and Competence. He was one of the five attorneys who drafted the report encouraging the State of Illinois to accept the Uniform Bar Exam. The report was approved by the Illinois State Bar Association and is now before the Illinois Supreme Court. He also serves on the Illinois Association of Defense Counsel Amicus Committee.

Areas of Practice:

  • 40 % Transportation Defense Litigation
  • 40% Medical Malpractice / Long Term Care Defense Litigation
  • 20% Personal Injury Defense Litigation

Bar Admissions:

  • Missouri
  • Illinois
  • Tennessee
  • U.S. District Court Southern District of Illinois
  • U.S. District Court Eastern District of Missouri
  • U.S. Court of Appeals for the 7th Circuit

Education:

  • St. Louis University School of Law, St. Louis, Missouri
    • Juris Doctorate Cum Laude, 2000
    • Law Journal: St. Louis-Warsaw Transatlantic Law Journal, Managing Editor Articles, 1999-2000
  • St. Louis University
    • B.A. Summa Cum Laude, 1997
    • Major: History

Professional Associations and Memberships:

  • Illinois State Bar Association, 2001 – Present
  • The St. Clair County Bar Association
  • Missouri Bar Association
  • Missouri Bar Transportation Committee
  • National Association of Railroad Trial Counsel
  • Bar Association of Metropolitan St. Louis, Admiralty Law Committee
  • Illinois Association of Defense Counsel

Honors and Awards:

  • AV Rating by Martindale-Hubbell, 2017-Present
  • Recognized as Top Rated Lawyer by Corporate Counsel Magazine, 2017-Present
  • Named one of Top 100 Civil Defense Lawyers

Notable Cases:

In Nursing Home Trial Defense Counsel obtains favorable Verdict and Prevails on Post-Trial Motions.
In October of 2019 Andrew Corkery was lead counsel for Swansea Rehabilitation in an Illinois Nursing Home Care Act suit in a five day jury trial in St. Clair County Illinois.  Robert Jellen second-chaired the trial.  Plaintiff allegedly fell at Swansea Rehabilitation.  He suffered a broken left hip among other fractures requiring surgeries.  Plaintiff also allegedly suffered a brain bleed as result of the fall.  Plaintiff claimed that he had continuing medical problems as result of the fractures and the alleged brain injury.  Plaintiff claimed he had over $900,000 in special damages plus pain and suffering.  Plaintiff’s counsel asked for at least a million dollars in closing argument.  Defense counsel countered with expert and fact testimony that the fall could not have been prevented and that plaintiff’s decline was the result underlying medical conditions.  The jury returned a verdict for plaintiff for $120,000.  Post-trial plaintiff moved for a new damages only trial on the basis that the jury did not award any award any damages for pain and suffering.  Defense counsel argued that sufficient evidence was presented to the jury to support the verdict.  Defense counsel prevailed on the post-trial motion and the court denied plaintiff’s motion for a new trial.

Plaintiff v. Railroad. A St. Clair County jury returned a defense verdict in favor of a Boyle Brasher client and against a plaintiff in an FELA case. Plaintiff claimed a severe knee injury when, at the age of 51, he allegedly tripped over debris on railroad property in 2004. Plaintiff claimed the yard was unsafe and that defendant was aware of the unsafe condition prior to the injury. Plaintiff had not worked since that date and was disqualified from returning to railroad work by a physician. Plaintiff had right total knee replacement. Plaintiff’s attorney asked for $700,000 in lost wages and over $1,000,000 in total damages.

Charlie Swartwout and Andy Corkery of our Belleville office successfully countered plaintiff’s account of the incident by putting on co-worker testimony that the yard was not full of debris and tripping hazards. In addition, defense counsel secured medical testimony that plaintiff had end-stage osteoarthritis and that he would have needed a total knee replacement regardless of the alleged incident. Charlie and Andy also introduced testimony regarding the vocational rehabilitation program that was available to plaintiff which plaintiff failed to avail himself of.

Congratulations to Charlie Swartwout and Andy Corkery on another defense verdict.

Plaintiff v. Railroad. Circuit Court of Madison County, Illinois. Mr. Corkery was co-counsel with Charles Swartwout of Boyle Brasher LLC at trial. Plaintiff sustained a traumatic amputation of a leg and part of his torso as a result of being crushed between a railcar and a piece of machinery. Jury trial in Madison County Illinois. Plaintiff’s counsel asked for 30 million dollars in closing argument. The jury returned a defense verdict, and Boyle Brasher LLC prevailed on post trial motions.

Hinkle v. Railroad. Circuit Court of the City of St. Louis, Missouri. Third Party trespasser claim against two railroads. Boyle Brasher LLC represented both defendant Railroads. The case involved a 13 year old boy who sustained a leg amputation while trespassing on the railroad’s track. Through an indemnity agreement Mr. Corkery was one of the attorneys representing both railroads, the railroad that operated the train and the railroad on whose track the incident occurred. Mr. Corkery prepared and filed Motions for Summary Judgment for both railroads. In response to these motions plaintiff voluntarily dismissed his claims which resulted in a dismissal with prejudice of all claims against both railroads.

Plaintiffs v. Nursing Home. Mr. Corkery briefed appeals to the Illinois Court of Appeals and to the Illinois Supreme Court to protect a defense verdict obtained by Charles Swartwout of Boyle Brasher LLC. The case involved a wrongful death claim in which plaintiffs claimed that their decedent’s death was the result of the decedent being dropped at a nursing home. The Appellate Court affirmed the verdict won by Boyle Brasher LLC, and the Supreme Court of Illinois denied plaintiff’s petition for leave to appeal.

Plaintiff v. Doctor. Mr. Corkery prepared appellate briefs filed in the Illinois Court of Appeals and in the Illinois Supreme Court. The case (along with a companion case in another Illinois Court of Appeals) established that a plaintiff in a medical malpractice case is not entitled to an extension of the statutory time limit within which to file an affidavit (certificate of merit) in support of a claim after plaintiff takes a voluntary dismissal. The Appellate Court upheld the dismissal of the defendant doctor represented by Boyle Brasher LLC, and the Illinois Supreme Court denied plaintiff’s petition for leave to appeal.

Plaintiff v. Railroad. Mr. Corkery was co-counsel with Charles Swartwout of Boyle Brasher LLC in this jury trial in the Circuit Court of Madison County, Illinois in which plaintiff alleged catastrophic brain injury as a result of hitting his head on a moving railcar. The trial court ruled that the case would be tried to the jury on damages only. The trial resulted in a hung jury, and the Railroad was subsequently able to negotiate a favorable settlement.

Vehicular Accident. In a jury trial resulting from a vehicular collision tried in the Circuit Court of St. Clair County, Illinois, Mr. Corkery obtained a directed verdict for the defendant at the close of evidence. The court granted the directed verdict based upon Boyle Brasher LLC’s argument that another vehicle was the intervening superseding proximate cause of the accident.

Representative Cases:

  • Central Contracting v. St. Louis Bridge, WL1023065 (Eastern District MO 2016)
  • Huckaba v. CSXT, WL 672334 (Southern District Illinois 2015)

Published Works:

  • Comparing Communications with Experts Under the Illinois Rules Versus the Federal Rules: Is the Federal Approach Better?, Illinois Association of Defense Counsel Quarterly, Second Quarter 2018, Volume 28, Number 2
  • Limitation of Liability Actions for the Non-Admiralty Practitioner, Illinois Association of Defense Trial Counsel Quarterly, Volume 27, Number 3 (Third Quarter 2017)
  • Illinois Association of Defense Counsel Monograph: Civil Litigation Issues Raised by Opioid Crisis in Illinois; Corkery, Huntington and Longfield, IDC Quarterly Volume 29 Number 2 (2nd Quarter 2019)

Classes/Seminars:

  • Medical Records Seminar, National Business Institute (June 2015)
  • Practical Evidence Toolkit/Witness Testimony, National Business Institute (June 2017)
  • How to Get Your Social Media, Email and Text Evidence Admitted and Keep Theirs Out, National Business Institute (March 2018)