Kristen A. Schank
Kristen A. Schank

Kristen A. Schank

Partner

312-596-4935
vCard | Download Bio | LinkedIn
Administrative Assistant:

Stella Guerrero
312-596-4969

Kristen is a partner in the Civil Litigation practice based in Wiedner & McAuliffe’s Chicago office. Kristen primarily handles insurance defense matters in the areas of premises liability, property damage and construction litigation. She has experience defending companies, organizations and individuals in product liability, subrogation, and third-party employer matters.

Kristen also defends condominium and homeowner associations in property damage and premises liability matters. At home in the courtroom, she has litigated numerous matters through trial in both State and Federal Court. Working closely with her clients to determine the most effective strategy, Kristen engages in alternative conflict resolutions such as arbitration and mediation. Kristen has represented a number of clients in appellate matters before the Illinois Appellate Court and the United States Court of Appeal for the Seventh Circuit.

Kristen is an enthusiastic runner and enjoys spending time with her husband, son and Keeshond. She and her husband are budding home chefs, maintaining elevated indoor and outdoor gardens of fresh vegetables and herbs to use in their kitchen.

Education

  • J.D., Seton Hall University College of Law, 2005
  • B.A., summa cum laude, University of Notre Dame, 2002

Admissions

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. Circuit Court of Appeals for the 7th Circuit

Tindle v. Pulte Home Corp., 607 F.3d 494 (7th Cir. 2010).  Kristen won summary judgment in favor of the Defendant Pulte Home Corp. wherein the Plaintiff sought damages for personal injuries sustained when he fell into hole on his property more than six months after purchasing a new construction home from Pulte. Relying on Sections of 352 and 353 of the Restatement (Second) of Torts (1965), Kristen argued that Pulte as a vendor of real-estate could not be found liable for Plaintiff’s injuries after Plaintiff took possession and control of real property.  Plaintiff appealed the matter to the 7th Circuit Court of Appeals, and utilizing the same arguments from the District Court, Kristen was successful in obtaining a unanimous affirmation of the District Court’s ruling of summary judgment in favor of Pulte Home Corp.

Falge v. Lindoo Installations Inc., 2017 IL App. (2d) 160242 (2d. Dist. 2017).  Kristen won summary judgment in favor of Defendant Lindoo Installations on the grounds that it was the Plaintiff’s borrowing employer pursuant to a temporary staffing employment agreement, and therefore entitled to the protections of the Illinois Workers’ Compensation Act’s exclusive remedy provision See 820 ILCs 305/1(a)(4) (2012).  The Illinois Appellate Court, Second District, affirmed the lower court’s summary judgment ruling.  In its opinion, the Appellate Court emphasized the distinction between the different lines of borrowing employer cases – namely those involving temporary staffing agencies and those that do not involve staffing agencies.

Borchardt v. Purple Pig, Zeller-500, LLC, et al. (2015). Kristen and Tim McMahon obtained summary judgment in favor Defendant of Defendant Zeller-500 and its management company against the Plaintiff in a premises liability claim.  Kristen and Tim successfully argued that Zeller-500 and its management company owed Plaintiff no duty of care because as the landlord of the restaurant premises where Plaintiff fell, they had given the premises in an “as is” condition to the tenant, Purple Pig, and did not have exclusive control and possession of the premises at the time of the accident.  Plaintiff had originally made a demand of $595,000.00 for about $40,000.00 in damages.  Plaintiff settled with the Purple Pig for less than $100,000.00 after Zeller was granted summary judgment.

  • Bio

    Kristen is a partner in the Civil Litigation practice based in Wiedner & McAuliffe’s Chicago office. Kristen primarily handles insurance defense matters in the areas of premises liability, property damage and construction litigation. She has experience defending companies, organizations and individuals in product liability, subrogation, and third-party employer matters.

    Kristen also defends condominium and homeowner associations in property damage and premises liability matters. At home in the courtroom, she has litigated numerous matters through trial in both State and Federal Court. Working closely with her clients to determine the most effective strategy, Kristen engages in alternative conflict resolutions such as arbitration and mediation. Kristen has represented a number of clients in appellate matters before the Illinois Appellate Court and the United States Court of Appeal for the Seventh Circuit.

    Kristen is an enthusiastic runner and enjoys spending time with her husband, son and Keeshond. She and her husband are budding home chefs, maintaining elevated indoor and outdoor gardens of fresh vegetables and herbs to use in their kitchen.

  • Practice Areas
  • Credentials

    Education

    • J.D., Seton Hall University College of Law, 2005
    • B.A., summa cum laude, University of Notre Dame, 2002

    Admissions

    • Illinois
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Central District of Illinois
    • U.S. Circuit Court of Appeals for the 7th Circuit
  • Notable Decisions

    Tindle v. Pulte Home Corp., 607 F.3d 494 (7th Cir. 2010).  Kristen won summary judgment in favor of the Defendant Pulte Home Corp. wherein the Plaintiff sought damages for personal injuries sustained when he fell into hole on his property more than six months after purchasing a new construction home from Pulte. Relying on Sections of 352 and 353 of the Restatement (Second) of Torts (1965), Kristen argued that Pulte as a vendor of real-estate could not be found liable for Plaintiff’s injuries after Plaintiff took possession and control of real property.  Plaintiff appealed the matter to the 7th Circuit Court of Appeals, and utilizing the same arguments from the District Court, Kristen was successful in obtaining a unanimous affirmation of the District Court’s ruling of summary judgment in favor of Pulte Home Corp.

    Falge v. Lindoo Installations Inc., 2017 IL App. (2d) 160242 (2d. Dist. 2017).  Kristen won summary judgment in favor of Defendant Lindoo Installations on the grounds that it was the Plaintiff’s borrowing employer pursuant to a temporary staffing employment agreement, and therefore entitled to the protections of the Illinois Workers’ Compensation Act’s exclusive remedy provision See 820 ILCs 305/1(a)(4) (2012).  The Illinois Appellate Court, Second District, affirmed the lower court’s summary judgment ruling.  In its opinion, the Appellate Court emphasized the distinction between the different lines of borrowing employer cases – namely those involving temporary staffing agencies and those that do not involve staffing agencies.

    Borchardt v. Purple Pig, Zeller-500, LLC, et al. (2015). Kristen and Tim McMahon obtained summary judgment in favor Defendant of Defendant Zeller-500 and its management company against the Plaintiff in a premises liability claim.  Kristen and Tim successfully argued that Zeller-500 and its management company owed Plaintiff no duty of care because as the landlord of the restaurant premises where Plaintiff fell, they had given the premises in an “as is” condition to the tenant, Purple Pig, and did not have exclusive control and possession of the premises at the time of the accident.  Plaintiff had originally made a demand of $595,000.00 for about $40,000.00 in damages.  Plaintiff settled with the Purple Pig for less than $100,000.00 after Zeller was granted summary judgment.

Bio

Kristen is a partner in the Civil Litigation practice based in Wiedner & McAuliffe’s Chicago office. Kristen primarily handles insurance defense matters in the areas of premises liability, property damage and construction litigation. She has experience defending companies, organizations and individuals in product liability, subrogation, and third-party employer matters.

Kristen also defends condominium and homeowner associations in property damage and premises liability matters. At home in the courtroom, she has litigated numerous matters through trial in both State and Federal Court. Working closely with her clients to determine the most effective strategy, Kristen engages in alternative conflict resolutions such as arbitration and mediation. Kristen has represented a number of clients in appellate matters before the Illinois Appellate Court and the United States Court of Appeal for the Seventh Circuit.

Kristen is an enthusiastic runner and enjoys spending time with her husband, son and Keeshond. She and her husband are budding home chefs, maintaining elevated indoor and outdoor gardens of fresh vegetables and herbs to use in their kitchen.

Credentials

Education

  • J.D., Seton Hall University College of Law, 2005
  • B.A., summa cum laude, University of Notre Dame, 2002

Admissions

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. Circuit Court of Appeals for the 7th Circuit

Notable Decisions

Tindle v. Pulte Home Corp., 607 F.3d 494 (7th Cir. 2010).  Kristen won summary judgment in favor of the Defendant Pulte Home Corp. wherein the Plaintiff sought damages for personal injuries sustained when he fell into hole on his property more than six months after purchasing a new construction home from Pulte. Relying on Sections of 352 and 353 of the Restatement (Second) of Torts (1965), Kristen argued that Pulte as a vendor of real-estate could not be found liable for Plaintiff’s injuries after Plaintiff took possession and control of real property.  Plaintiff appealed the matter to the 7th Circuit Court of Appeals, and utilizing the same arguments from the District Court, Kristen was successful in obtaining a unanimous affirmation of the District Court’s ruling of summary judgment in favor of Pulte Home Corp.

Falge v. Lindoo Installations Inc., 2017 IL App. (2d) 160242 (2d. Dist. 2017).  Kristen won summary judgment in favor of Defendant Lindoo Installations on the grounds that it was the Plaintiff’s borrowing employer pursuant to a temporary staffing employment agreement, and therefore entitled to the protections of the Illinois Workers’ Compensation Act’s exclusive remedy provision See 820 ILCs 305/1(a)(4) (2012).  The Illinois Appellate Court, Second District, affirmed the lower court’s summary judgment ruling.  In its opinion, the Appellate Court emphasized the distinction between the different lines of borrowing employer cases – namely those involving temporary staffing agencies and those that do not involve staffing agencies.

Borchardt v. Purple Pig, Zeller-500, LLC, et al. (2015). Kristen and Tim McMahon obtained summary judgment in favor Defendant of Defendant Zeller-500 and its management company against the Plaintiff in a premises liability claim.  Kristen and Tim successfully argued that Zeller-500 and its management company owed Plaintiff no duty of care because as the landlord of the restaurant premises where Plaintiff fell, they had given the premises in an “as is” condition to the tenant, Purple Pig, and did not have exclusive control and possession of the premises at the time of the accident.  Plaintiff had originally made a demand of $595,000.00 for about $40,000.00 in damages.  Plaintiff settled with the Purple Pig for less than $100,000.00 after Zeller was granted summary judgment.