August 23, 2010

Fatal Illinois Highway Accident Case Settles for $5 Million - Estate of Heinz v. Messel, et al.

An Illinois wrongful death case recently settled in Will County for $5 million. The case was brought by the estate of a 57 year-old married mother of two adult children after she was killed in an Illinois auto accident. Estate of Heinz v. Messel, et al., No. 07 L 0090.

Grass%20Median1.jpgThe highway crash took place on I-55, a highway connecting Chicago to St. Louis. The decedent driver was traveling northbound on the highway in the area of the Plainfield Township when a car driving southbound crossed the grassy median separating the different directions of traffic and crashed into the woman's vehicle. The head-on crash caused the decedent's car to flip over and land in a ditch off to the side of the highway.

An investigation of the accident revealed that the at fault driver was intoxicated at the time of the Illinois car crash. Whenever an Illinois car accident involves a DUI, the Illinois state's attorney can bring his/her own criminal charges against the offending driver. Under Illinois law, a person may be deemed intoxicated if their blood alcohol content (BAC) is measured at .08 or higher. Presumably some sort of action was taken in response to the fatal car accident; however, the criminal action would have been completely separate from the civil action involving the wrongful death claims.

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August 20, 2010

Illinois Car Crash and Medical Malpractice Combo Case Settles for $1.9 Million - Khourny v. Sarmed Elias, M.D., et al.

Many people's circumstances never require them to file one lawsuit, let alone two. Yet within the span of four months Jihan Khourny was injured on two different occasions, leading to her filing two different, but related lawsuits - one being an Illinois personal injury lawsuit, the other an Illinois medical malpractice lawsuit. Both cases recently settled for a combination of $1.9 million. Khourny v. Sarmed Elias, M.D., et al., No. 07 L 3871.

Neck%20Brace%201.jpgThe personal injury claim arose from a car crash that occurred in Elgin, Illinois. Khourny was driving along Route 31 when she was hit by another car. The Illinois car accident lawsuit was brought against the driver of the other vehicle and settled for $100,000. The plaintiff was claiming property damage to her vehicle and a neck injury as a result of the car accident.

Shortly after the accident Khourny began seeking medical treatment for her neck injury. Her doctor recommended she try cortisone injections as part of her treatment plan. Cortisone injections are typically given to relieve inflammation and pain and are used for a wide variety of complaints, including arthritis, tendinitis, and carpal tunnel syndrome.

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August 18, 2010

Blagojevich Trial Ends: Illinois Jury Finds The Ex-Governor Guilty of Only 1 of 24 Counts

Yesterday former Illinois governor Rob Blagojevich was found guilty of lying to FBI agents about his involvement in campaign fundraising. The jury could not agree on the remaining 23 felony counts brought against Blagojevich by the government, including charges of trying to profit from Obama's former Senate seat.

IL%20State%20Seal%203.gifProsecutors intend on retrying Blagojevich on those 23 additional counts on which the deadlocked jury was unable to agree. Because the jury was unable to unanimously agree on those counts there was a mistrial regarding those counts. Legally this means that the former governor can be retried on them and still be found guilty. However, if the jury had found him not guilty on any counts, which it did not, then those felony charges would be barred from further prosecution.

The current conviction carries a maximum of five years in prison; however, the official sentencing is unlikely to occur before the retrial. If Blagojevich ends up being convicted of all the felony counts against him then he faces up to 415 years in prison and up to $6 million in fines.

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August 16, 2010

Illinois 'Popcorn Lung' Case Receives $30.4 Million From Cook County Jury - Solis v. BASF Corp.

A recent Illinois personal injury lawsuit received a large verdict award, granting $30.4 million to the plaintiff in Solis v. BASF Corp., No. 06 L 12105. Several other parties to the Illinois work place injury lawsuit had settled with the plaintiff prior to trial for undisclosed amounts, but BASF Corp. opted to take the case to trial rather than settling. The supply company's gamble failed, as evidenced by the positive plaintiff verdict.

Popcorn%201.jpgIn Solis, the plaintiff developed bronchiolitis obliterans, or 'popcorn lung disease', after 18 years of working in various factories. Bronchiolitis obliterans has been linked to exposure to substances used to make microwave popcorn, such as diacetyl.

After being diagnosed with the life-threatening disease, Solis now has a reduced lung capacity of only 25 percent. This means that without a lung transplant the life-long nonsmoker and unmarried father of three could die if he develops the flu or other respiratory diseases. The 45 year-old Illinois resident brought a Cook County workplace injury lawsuit against several parties alleging that his current condition was a result of his exposure to fumes and dust particles while working with artificial butter flavoring.

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August 13, 2010

Cook County Medical Malpractice Settlement Approved for Surgical Negligence in Laparoscopic Tubal Ligation Surgery - Estate of Yvonne Harris v. Advocate Healthcare Network, et al.

While medical advances have made many formerly difficult surgeries routine, there are still dangers with any surgery, especially when anesthesia is involved. In Estate of Yvonne Harris v. Advocate Healthcare Network, et al., No. 03 L 6421, medical negligence during a routine laparoscopic tubal ligation surgery left the decedent with severe brain damage. An Illinois medical malpractice settlement totaling $8.95 million was reached between the decedent's estate and the surgeon, anesthesiologist, physician group, and surgical center.

Surgical%20instruments%201.jpgThe healthy, young mother of two presented for the laparoscopic tubal ligation surgery, a permanent form of contraception that was supposed to be a simple in and out procedure. She was given general anesthesia and the procedure began. However, within five minutes the anesthesiologist noted that she had cardiac arrhythmia, which is an abnormal heart rate, and no blood pressure. All parties affirmed that the patient had not been getting any oxygen to her brain for several minutes.

The Illinois medical malpractice lawsuit alleged that the surgeon and anesthesiologist failed to recognize the plaintiff's deprived condition for several minutes, which resulted in her subsequent brain damage. The patient's abnormal heart rate and lack of blood pressure were a rare complication of the surgery and were thought to be the result of a carbon dioxide embolism.

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August 11, 2010

Cook County Construction Accident Jury Verdict Upheld on Appeal - Colella v. JMS Trucking Company of IL, Inc., et al.

A Cook County jury verdict was affirmed by the Appellate Court, resulting in an $8.3 million award to the surviving spouse of a construction worker who died in a Chicago construction site accident. The court found that the defenses' claims of an unfair trial and of unreasonable compensation were unfounded and affirmed the Illinois jury's decision in Colella v. JMS Trucking Company of IL, Inc., et al., No. 1-08-1072.

Water%20main%201.jpgThe Illinois construction site accident occurred when the decedent was struck by a JMS Trucking dump truck driven by defendant Samuel Inendino. At the time of the accident the decedent was working at removing water from the area around a newly installed water main. At the jury trial the decedent was found to have contributed 10 percent to his own accident, while the defendants JMS Trucking and Inendino were 90 percent negligent.

While defendant JMS Trucking had attempted to bring the decedent's employer into the construction site injury lawsuit as a third party defendant, the jury did not find the decedent's employer, Benchmark Construction Company. On appeal, JMS Trucking argued that the Benchmark's liability in the decedent's accident and death was so obvious that it should have been reflected in the jury verdict. However, the appellate court did not agree and let the jury's ruling regarding the third-party defendant stand.

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August 9, 2010

Illinois Product Defect Liability and Medical Malpractice Combo Case Settles for $3.5 Million - Susan Calles, et al. v. Scipto-Tokai Corp., et al.

A recent Illinois wrongful death case combined both medical malpractice counts and product defect counts. Susan Calles, et al. v. Scipto-Tokai Corp., et al., No. 07 L 4577, was initially dismissed on summary judgment, but was then returned to the trial court by the Illinois Appellate Court. The case has now concluded after reaching a settlement of $3.5 million; $1.5 million for the medical malpractice and $2 million for the product defect.

Lighter%201.jpgCalles involves the death of Jillian Calles, a three year-old girl who suffered smoke inhalation as a result of a fire her twin sister caused. The twin was playing with a butane lighter when she accidentally started the fire. The Illinois product defect claim alleged that the lighter design improperly lacked a child-resistant device.

Under product defect liability, a manufacturer may be held liable for a design flaw in its product if that flaw presents a danger to consumers that could have been eliminated. In addition, the danger must be a byproduct of the product's intended use. For example, if someone becomes injured while balancing a chair on two of its four legs then this would not be the result of a design flaw given that the product was not meant to be used that way.

However, this caveat does not apply in Calles where the twin sister was obviously using the lighter correctly given that she was able to light it. Rather, the estate claims that the design should have prevented the three year-old from being able to use the lighter, period. The specific type of lighter was an Aim N Flame utility lighter manufactured by Scripto-Tokai.

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August 6, 2010

Truck Mechanic Settles Lawsuit Against Trucking Companies and Railroad

A recent Cook County work site injury lawsuit was settled for $3.375 million; Ortiz v. Cato Karabegovic, et al., No. 06 L 006651. Contributing to the settlement were two trucking companies, a truck driver, and a railroad company.

Tool%20Belt%20A%201.jpgThe plaintiff, Ortiz, was a mechanic working at a railroad yard on Chicago's South Side. While working on the defendant Karabegovic's truck, Ortiz was severely injured after being dragged for 30 feet underneath the moving truck. As a result of this incident, Ortiz sustained multiple fractures and severe nerve damage to his leg, which left him with a permanent foot drop. The 33 year-old Ortiz is no longer able to work as a mechanic as a result of the injury

However, there was some debate regarding who was liable for the plaintiff's injury and to what degree the plaintiff contributed to his own accident. Issues of contributory fault are important in Illinois personal injury lawsuits because if the defense can prove that the plaintiff was more than 50% at fault then any judgment entered against the defense is reduced by the degree of plaintiff's negligence. For example, if a jury returned a $100,000 verdict but found that the plaintiff was 40% negligent, then the jury award would be reduced by 40%, leaving the plaintiff with $60,000.

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August 4, 2010

Chicago Inadequate Security Case Filed: Retail Chain Sued When Employee is Killed

Old Navy is being sued under claims of inadequate security at its Chicago State Street store in Lowe, et al. v. Old Navy, LLC, No. 10 L 7624. The issue of the Chicago premise liability lawsuit involves a murder-suicide that occurred in an employee-restricted area of the Chicago location.

Video%20Surveillance%201.jpgOn May 7, 2010, Tranesha Palms was shot and killed by Eugene Robertson, the father of her two year-old son. Reports indicate that the shooting may have been in response to a dispute between the two parents and the fact that Palms had moved out of their home shortly before the Chicago shooting. The Illinois inadequate security lawsuit was brought on behalf of their surviving son.

The estate alleges that Palms's death could have been prevented if better security had been provided by the Chicago Old Navy store. The morning of her death Palms entered the store by way of a restricted employee entrance. However, she required another employee to buzz her in, at which point Robertson entered with her. Once inside the restricted area of the store Robertson shot and killed Palms before then killing himself.

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August 2, 2010

Chicago Roofing Accident Settlement Reached With Metra and Other Defendants

A $6.25 million settlement was reached in an Illinois work site injury lawsuit filed in the Circuit Court of Cook County for a roofing accident that occurred at a Chicago South Side Metra facility, Luis Vasquez, et al., v. Walsh Construction Company, et al., No. 04 L 011387. The construction site injury lawsuit was brought by a Chicago roofer who fell 20 feet to a concrete floor while replacing concrete panel roofing tiles. The Cook County case was filed against Metra and several other contractors whom the plaintiff contended were liable for his injuries.

Hard%20Hat%204.jpgAs a result of his fall, the roofer suffered a mild traumatic brain injury, fractured his wrist, herniated several discs in his spine, tore his knee cartilage, and sprained his ankle. The Chicago construction site accident occurred in 2004 and the plaintiff has not been able to return to work. Prior to the accident he had been a union roofer for over 30 years.

Like many construction site accident lawsuits, in Vasquez the plaintiffs alleged that multiple defendants played a role in the resulting injury. Metra was involved in the lawsuit because it owned the Chicago facility where the construction site accident occurred. Metra had contracted its tile replacement project to Walsh Construction Co., who was then responsible for overseeing the roof maintenance. Walsh in turn sub-contracted the labor to Knickerbocker Roofing and Paving Co., who was the plaintiff's employer and would later be added to the case as a third-party defendant. Consoer Townsend Environdyne (CTE Inc.) was the site engineer of the roofing project while Cotter Consulting was responsible for determining which roofing panels needed to be replaced.

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July 30, 2010

Illinois Nursing Home Safety Bill To Protect Seniors From Nursing Home Abuse Signed by Governor

On July 29, 2010, Governor Pat Quinn signed a landmark nursing home safety bill. The new legislation is designed to put in place additional safeguards to protect Illinois senior citizens living in nursing home facilities from harm or nursing home abuse.

Walker%202.jpgOne of these provisions under the new Illinois nursing home law requires additional screening of incoming nursing home residents, including criminal background checks and psychological background checks. In Illinois many nursing home residents are not actually physically impaired, but were being placed in nursing home facilities instead of a long home mental institution. The new law attempts to relocate many of the mentally ill patients currently residing in Illinois nursing homes in an effort to diminish overcrowding and its potential for nursing home abuse.

The tentative plan is that these mental health patients will be transferred from the nursing homes to smaller residential programs that are more assisted living situations. The mental health communities will supposedly have more staff and better supports for mentally ill patients than their current residences within nursing home facilities.

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July 29, 2010

Progressive Insurance Limits in Illinois Motorcycle Accident Case Ruled On By Appellate Court

While it is somewhat common for two vehicles involved in an Illinois car accident to be covered by the same insurance company, it is very rare that both those vehicles are covered under the same insurance policy. In Progressive Premier Insurance Company of Illinois v. Kocher, No. 5-07-0468, both vehicles involved in an Illinois motorcycle accident were owned by the same family and covered on the same insurance policy. The case was brought to the Illinois Appellate Court to help shed light on what to do in these unusual circumstances.

ATV%201.jpgThe Illinois auto accident occurred when Nick Kocher's motorcycle collided with his father's ATV. Luke Kocher was a passenger on the ATV at the time of the crash and sustained severe head injuries. Luke required a lengthy hospitalization and recovery, which resulted in a large amount of medical bills.

The Kocher family turned to Progressive Insurance Company of Illinois, their auto insurer, for payment of the bills that were a result of the motorcycle accident. Both the motorcycle and ATV were insured on the same policy, along with a third vehicle. The policy coverage included limits of $100,000 per person and $300,000 total for each vehicle.

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