Posted On: November 28, 2008

Chicago Personal Injury Lawyer Bob Kreisman Volunteers at Salvation Army Center Thanksgiving Day

On Thanksgiving morning, Chicago attorney Bob Kreisman volunteered at the St. Louis Harbor Lights Salvation Army with family members from both St. Louis and Chicago. This is an annual event for the Kreisman family, who serve as waiters for those who come to enjoy the feast.

Turkey%201.jpgA total of 60 turkeys were cooked this year to feed the over 100 St. Louis homeless or facility residents who gathered at the Salvation Army. The feast was complete with ample portions of dressing, sweet potatoes, cranberry sauce, and of course, desserts. The atmosphere was festive and joyful as everyone gathered together to celebrate Thanksgiving.

The St. Louis Harbor Lights Salvation Army is a community center and provides social services, such as substance abuse and character building programs. It also provides Bible study, Sunday services, and music and arts for its visitors.

As the holiday season continues the Salvation Army has many more opportunities to volunteer your time or money to help those in need. Donations can be mailed to the Salvation Army, P.O. Box 1607, St. Louis, MO 63188-1607, or can be made via the Salvation Army website.

Continue reading " Chicago Personal Injury Lawyer Bob Kreisman Volunteers at Salvation Army Center Thanksgiving Day " »

Posted On: November 25, 2008

Illinois Medical Malpractice Case on Constitutionality of Damage Caps for Doctors and Hospitals Argued before Illinois Supreme Court

On Thursday, November 13, 2008, the Illinois Supreme Court heard oral arguments from attorneys representing the various parties in the case of Lebron v. Gottlieb Memorial Hospital Nos. 105741 and 105745. The main issue of contention was whether or not there should be caps on non-economic damages in Illinois medical malpractice cases.

IL%20State%20Seal1.gifLebron is appealed directly from the Cook County Circuit Court following a decision by Circuit Court Judge Diane J. Larsen that caps on damages were unconstitutional. These caps were enacted as part of an amendment to the Medical Malpractice Act. The caps dealt specifically with non-economic damages and imposed a legal limit of $500,000 for physicians and healthcare professionals, whereas the cap for hospitals is $1 million.

Lebron was originally filed as an Illinois birth injury case against Gottlieb Memorial Hospital in 2005 after plaintiffs’ daughter was born with birth defects as a result of substandard care at the hospital and negligence on the part of the staff there.

Former U.S. solicitor general Theodore B. Olson presented the first oral argument on behalf of defendants. The core of the Olson argument was that the Illinois Supreme Court has acknowledged in the past that there is a healthcare crisis and that the malpractice caps law was an attempt to solve that problem.

In response to Olson's assertion, several Illinois Supreme Court justices questioned how the proposed medical malpractice caps could conform with the decision in Best v. Taylor Machine Works, 179 Ill.2d 267 (1997). Best held that a law limiting damages in tort claims was unconstitutional because it violated the state Constitution’s prohibition on special legislation and the principle of separation of powers.

Continue reading " Illinois Medical Malpractice Case on Constitutionality of Damage Caps for Doctors and Hospitals Argued before Illinois Supreme Court " »

Posted On: November 24, 2008

Magnificent Mile Lights Festival Kicks Off Chicago's Holiday Festivities

Mag%20Mile%20Lights1.jpgThis past Saturday the Magnificent Mile Lights Festival marked the beginning of the holiday season in Chicago. Like any good Chicago festival there was food, entertainment, fireworks, shopping, and of course the lighting of the trees along Michigan Avenue. Thousands of locals and visitors came out to participate and get a jump start on holiday cheer.

If you missed the Lights Festival there are several more festivals and events around Chicago to help jump start your holidays. Another lighting ceremony occurs at noon on December 2nd, when Mayor Daley lights the Chicago Christmas Tree Lighting Ceremony. The tree is located in the Daley Plaza, which also hosts the Chicago Christkindlmarket, a German holiday market with food, drinks, and holiday crafts. And as long as you're downtown, head over to State Street for some shopping and make sure you stop at Macy's to take a peek at their annual holiday window display. Or if you're looking for a more active experience, try ice skating at the Millennium Park Ice Rink, where you can skate amid Chicago's impressive skyline.

For classic holiday entertainment, check out the Rockettes at The Radio City Christmas Spectacular, the sugar plum fairy dance in The Nutcracker, and Scrooge bah-humbug in A Christmas Carol.

And if you're more interested in pursuing winter-time activities, check out Mayor Daley's Holiday Sports Festival from December 27 through December 29th, which includes demonstrations, fitness activities for children, classes, and tournaments. And if you're looking for a less active activity, check out the Green City Market. This farmer's market not only has produce for sale, but also fresh prepared food and cooking demonstrations.

Whatever your fancy, Chicago has something to offer you this holiday season. For more information on city events, visit the City of Chicago's website.

Have a safe, happy holiday season from all of us at Kreisman Law Offices.

Posted On: November 19, 2008

Motorcycle Accident Fatalities Give Rise to New Safety Regulations

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle fatalities have risen 127% since 1997 and now account for 11% of all motor vehicle deaths annually. In 2006 alone about 88,000 riders were injured.

Motorcycle%201.jpgSpeculation about the increase in motorcycle injuries in Illinois and the rest of the county points to increased motorcycle sales, more powerful engines, and more older riders picking motorcycling up as a new hobby. Currently motorcycles account for about 2.4% of all registered vehicles. As a solution, the NHTSA is proposing tougher standards for helmets and more pretesting on motorcycle brakes.

Even though wearing a helmet can reduce the risk of dying in a motorcycle crash by 37%, the majority of riders are either wearing non-compliant helmets or no helmet at all. This is in part because over half of the states do not require motorcycle drivers to wear helmets. But even in the states where FMVSS 218-compliant helmets are required there are problems with counterfeit DOT decals that motorcyclists are placing on non-compliant helmets to fool law enforcement officers.

Continue reading " Motorcycle Accident Fatalities Give Rise to New Safety Regulations " »

Posted On: November 17, 2008

Illinois Supreme Court Holds for Injured Worker in Additional Lawsuit After Not Approved by Illinois Workers' Compensation Commission

The Illinois Supreme Court recently affirmed a ruling by the Illinois Appellate Court in favor John Van Cleve, a Maxit employee, who was injured while working. Maxit, Inc. v. John Van Cleve, et al., No. 105532.
Van Cleve was driving during his working hours when he was injured in car accident. He filed both a claim under his employer’s underinsured-motorist policy and a workers' compensation claim against his employer. In 2004 he settled the underinsured-motorist claim for $800,000, which was to compensate for his injuries. At that point Van Cleve signed a document releasing his employer from any future claims.

Then in 2005, Van Cleve and Maxit, his employer, agreed to a $200,000 settlement of Van Cleve's workers' compensation claim. The settlement agreement was approved by the Industrial Commission, which is the court that handles all workers' compensation claims.

However, even though they had agreed to the workers' compensation settlement, Maxit later filed a lawsuit against Van Cleve alleging that he was not entitled to the workers' compensation payment because of his earlier underinsured-motorist settlement. The trial court ruled in favor of Maxit and agreed that the earlier release barred Van Cleve from further recovery under the Workers' Compensation Act.

Continue reading " Illinois Supreme Court Holds for Injured Worker in Additional Lawsuit After Not Approved by Illinois Workers' Compensation Commission " »

Posted On: November 14, 2008

Illinois Truck Accident: Driver Cleared In 'Unavoidable Accident'

Typically Illinois courts reward and protect an injured party. For example, if one party is negligent because they ran into a stopped car at a red light, then the injured driver would normally prevail at trial. But this is not the case when the negligent driver was part of an 'unavoidable accident'.

Garbage%20Truck%201.bmpA recent Illinois trucking accident case ruled in favor of the defendant truck driver on summary judgment (Coole v. Central Area Recycling, 2008 WL 2955543 (4th Dist., July 28)) . The facts of the case were such that the court determined there was an 'unavoidable accident' so the defendant was not at fault.

In Coole, the truck driver was driving 5 mph over the speed limit as he approached an intersection; there was no stop light or stop signs controlling his movement. At the same time the plaintiff was also approaching the same intersection. She had a stop sign, but rolled through it and was struck by the defendant truck driver who was going over the legal speed limit. The truck driver contended that he didn't have time to stop or avoid the broadside collision with Coole's vehicle. Coole died as a result of the collision and her father brought a wrongful death lawsuit against the truck driver.

Continue reading " Illinois Truck Accident: Driver Cleared In 'Unavoidable Accident' " »

Posted On: November 13, 2008

Cook County Class Action by Nursing Home Residents Challenges State of Illinois to Provide Supportive Services

Five Cook County, Illinois residents with disabilities recently filed a class action lawsuit who are living in nursing homes after being denied access to community services that would have allowed them to live in an integrated, community setting. Colbert v. Blagojevich (Case No. 2007 C 4737). The plaintiffs aren't alleging there was any nursing home abuse or neglect, but rather that there was a violation of their rights.

Accessibility%201.jpgAll five of the plaintiffs are Cook County, Illinois residents that are eligible for Medicaid. All were living in private nursing homes that received state and federal funding. Plaintiffs believe that they could have been living in their own personal residences if they had been given the appropriate services. The plaintiffs alleged that the state of Illinois had denied them the benefits they would have received from various community services, specifically long-term care services and support in a community setting as opposed to the long-term, nursing home settings they were currently being offered. They further allege that these sorts of services would have given them the opportunity to live somewhere other than an institutionalized setting.

The class action alleged that by failing to provide these services that Illinois officials resulted in violations of the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Social Security Act, and the Nursing Home Reform Act. By filing this class action, plaintiffs are hoping the court will require the defendants to:

(1) inform individuals with disabilities that they may be eligible for community-based services and have the choice of such services, (2) regularly provide assessments to determine eligibility for community-based services, and (3) promptly provide appropriate services and support to qualifying individuals in the community, creating a viable alternative to treatment in institutional settings.

Continue reading " Cook County Class Action by Nursing Home Residents Challenges State of Illinois to Provide Supportive Services " »

Posted On: November 11, 2008

Illinois Automobile Owner Responsible for Authorized Driver's Negligence

In Illinois and most other states when an automobile owner permits another person drive their car then the driver's negligence can be assigned to the vehicle's owner.

Hand%20Over%20Keys%201.jpgFor example, consider a Missouri case of Sam and his aunt Sandra [Back v. Winfield-Fire Protection Dist., No. SC 89001 (Mo. banc 2008)]. Sandra owns an automobile, but does not have a driving license, whereas her nephew, Sam, does. So when Sandra needs to go to a meeting she recruits Sam to drive her. On the way to her meeting Sam rear ended a fire truck that was partially parked in his lane with its emergency lights on.

As a result of the crash, his aunt was injured, and consequently sued her nephew and the fire protection district for negligence. Her nephew was dismissed after settling out of court with his aunt for $25,000. The case against the fire department continued on to trial, where the jury awarded $100,000 for her suffering. But because the jury found her to be 50% at fault in the accident, with the district also being 50% at fault, her damages were reduced by half.

The aunt appealed the reduction of her award by arguing that the trial court should not have instructed the jury that she could be held at fault because her nephew was negligent when he failed to keep a proper lookout. She felt that because she was a passenger she did not have a right to control it even though she owned the car.

Continue reading " Illinois Automobile Owner Responsible for Authorized Driver's Negligence " »

Posted On: November 7, 2008

Chicago Hospital's Negligence Clarified by Illinois Appellate Court

The Illinois Appellate Court affirmed a Cook County jury's $2.7 million verdict for institutional negligence against Loyola Medical Center in a Chicago transplant error case. Longnecker v. Loyola University Medical Center, 2008 WL 2550686 (1st Dist., June 25).

Transplant%20cooler%201.jpgThe issue in Longnecker was whether Loyola University Medical Center was negligent when they transplanted the decedent with a severely hypertrophic replacement heart. The harvested heart was severely diseased and was only considered for transplantation because the harvesting doctors did not examine it. Despite the diseased state of the new heart, the decedent's heart surgeon went ahead with the transplant. The decedent died without ever waking up from the surgery.

Most times we think of medical negligence cases as those caused by doctors or medical personnel individually. But a hospital or institution is held to the same standard of care as a doctor or a physician. So when evaluating a case for institutional negligence one asks what a reasonably careful hospital would and should do under similar circumstances. Illinois Pattern Jury Instructions, Civil, No. 105.03.01 (1995). Jones v. Chicago HMO Limited of Illinois, 191 Ill. 2d 278 (2000).

Continue reading " Chicago Hospital's Negligence Clarified by Illinois Appellate Court " »

Posted On: November 5, 2008

Chicago Personal Injury Attorney Bob Kreisman Serves Voter Protection Program on Election Day

I firmly believe in the importance of voter rights and the importance of promoting a free, fair and open voting experience for all eligible voters. For the 2008 Presidential Election I joined up with lawyers from across the country to protect the voting rights of citizens.

Vote%20Counts%201.jpgEven though I reside in Illinois I decided to serve in Dayton, Ohio on Election Day. Given the voter difficulties in recent presidential elections, particularly in the states of Florida and Ohio, I felt that I would be most useful in Ohio. I was assigned to the Dixon Wellness Worship Center, the polling place for Dayton's Precinct 14-I. My job was to work outside of the polling place and answer any voting questions.

On Election Day I arrived an hour before the polls opened. Overall, my experience was very positive and had very few conflicts. The polling officials were seasoned and knowledgeable in dealing with the large turnout and ensured that the voting was orderly and well run. Several people showed up to the polling place unsure whether they were in the correct place. The polling officials and I were able to determine if they were in fact eligible to vote in this precinct, and if not, then where they should be voting.

At the end of the day I headed home feeling that I had contributed to our election process. As a lawyer I am in the unique position of making sure that the rights of others are not violated and can help those who can not stand up for themselves. While I didn't witness any gross voter right violations in my precinct, I believe that it is important to take preventive measures to ensure that this remains the case nationwide.

Continue reading " Chicago Personal Injury Attorney Bob Kreisman Serves Voter Protection Program on Election Day " »

Posted On: November 3, 2008

Illinois Attacks Distributor of Defective Baby Cribs

Last week Illinois Attorney General Lisa Madigan filed a lawsuit against SFCA, Inc., a distributor of baby cribs, bassinets and playpens, claiming that SFCA continues to sell and distribute the subject bassinet, even after voluntarily recalling 1,000,000 of the products in 2007.

Bassinet%201.jpgThe bassinet allegedly has design flaws. Federal regulators warned consumers that the bassinet caused the death of two infants. The bassinets are equipped with sides that drop down for easy access to the baby. Unfortunately the design creates a gap that the baby can slide through. The two infants that died did slide through and hung to death.

SFCA is not taking responsibility regarding the product liability claim for the defective bassinet, which is manufactured and marketed through Simplicity, Inc., a subsidiary company of SFCA, Inc. SFCA maintains that it wasn’t responsible for the items produced by Simplicity because it only just bought the Simplicity brand in August 2008. Yet closer examination reveals that SFCA bought the Simplicity brand bassinets, but then shipped them from its own facility using the same design of the products that killed the 2 infants.

Continue reading " Illinois Attacks Distributor of Defective Baby Cribs " »