John Cunningham and Rebecca Verble received a favorable verdict that successfully limited petitioner’s claim for damages to a probate estate against their client in Williamson County, Illinois. Their client, a bank, served as a court-appointed executor for the estate during a will contest between the decedent’s son and a third party. After resolution of the will contest, the decedent’s son sued the bank for breach of its fiduciary duty while serving as the executor and alleging excessive property damage.
Prior to the bench trial, the court granted summary judgment on seven of petitioner’s 10-count Petition for Recovery of Assets of the estate because there was no competent evidence supporting those claims after conducting extensive discovery. During the bench trial for the three remaining counts, the petitioner claimed over $150,000 in property damage and over $500,000 in punitive damages. The court determined petitioner’s testimony regarding alleged damage to property within the residence was not credible. The judge issued a judgment for approximately $34,000 in property damage and no punitive damages, significantly less than petitioner requested.