Chicago Personal Injury Lawyer Blog

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.

The 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.

Continue reading "Truck Mechanic Settles Lawsuit Against Trucking Companies and Railroad" »

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.

The 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.

Continue reading "Progressive Insurance Limits in Illinois Motorcycle Accident Case Ruled On By Appellate Court" »

A Chicago train accident case was recently settled on behalf of one of the passengers injured in the 2005 train derailment. The Metra train was operated by Northeast Illinois Regional Commuter Railroad Corporation, who has agreed to pay the plaintiff $2 million for the injuries he sustained as a result of the Illinois train accident. Hurley v. Northeast Illinois Regional Commuter Railroad Corporation, No. 05 L 10416.

The injured Illinois resident suffered shoulder, hip, and leg injuries as a result of the Illinois train derailment. The plaintiff required multiple surgeries for his fractured him and underwent a lengthy physical therapy program. There were several additional passengers who were injured on that date and two women died; however, the $2 million settlement is for Kevin Hurley's injuries only. The families of the two women who died as a result of the derailment have previously settled their Illinois wrongful death claims for $11 million. Presumably the other parties have also filed their own claims against Metra.

According to the National Transportation Safety Board's railroad accident brief, the September 17, 2005 Metra derailment was the result of the engineer's failure to obey signals warning him to reduce his speed and failure to obey the speed restrictions at the train crossover. At the time of the accident the Rock Island Metra train was going 69 mph through a track crossover area; the maximum allowable speed is 10 mph. As a result of the high speeds and the severe angle of the track caused the wheels to jump the track and derail.

Continue reading "Chicago Train Derailment Personal Injury Claim Settled for $2 Million" »

In the Illinois personal injury case of Anderson v. Zamir, No. 5-08-0542, the plaintiff filed a motion for a new trial after the jury returned a verdict awarding only part of her medical bills. The plaintiff's medical bills as a result of the rear-end car crash totaled $28,804. However, the jury returned a verdict of only $12,500; only $5,000 of which was for her medical bills with the remaining $7,500 for pain and suffering.

While typically an Appellate Court will not overturn a jury's monetary awards since this is "an issue of fact for the jury to determine". Typically a jury's verdict awards will only be overturned if a party shows that the jury obviously ignored an established element of damages, that the award does not relate to the loss suffered, or if the verdict was the result of prejudice.

The facts of the case were that the plaintiff was rear-ended by the defendant. She did not seek treatment for the car crash until the day after the accident, at which time she was complaining of headaches and neck pain. The plaintiff went on to receive several rounds of physical therapy, but with little relief. She eventually underwent surgery to repair a tear in her shoulder.

Continue reading "Illinois Rear-End Car Crash Lawsuit Will Be Retried on Damages - Anderson v. Zamir " »

Late yesterday afternoon a fire developed on Chicago's Red Line train, halting traffic and forcing 19 passengers to the hospital. Five people were reported to have suffered serious injuries, including a 10 year-old boy who was observed overnight at Chicago's Children's Memorial Hospital.

Firefighters were investigating the cause of the railroad fire and have identified the source as railroad ties catching fire on the train track between the Red Line's Chicago Avenue and Clark/Division stops. While it is currently unclear what caused the fire, Chicago Fire Department representatives have indicated that Chicago's summer heat occasionally causes the railroad ties to catch fire, but is more common on elevated trains than subway trains. Yesterday the high in Chicago was 78 degrees Fahrenheit.

Passengers aboard the Red Line subway train when the fire broke out reported black, billowing smoke that became so thick they could not see across the aisle. According to a Chicago Tribune article, by the time the train arrived at its next stop and passengers were finally able to exit, they did so in a huge rush, literally "fleeing for the exits".

Continue reading "CTA Red Line Train Fire Injuries Include Smoke Inhalation and Respiratory Problems" »

Under Illinois law, public entities, like schools or municipalities, have a heightened level of immunity from injuries that occur as a result of the use of public property. The rules governing this immunity fall under §3-106 of the Local Governmental and Governmental Employees Tort Immunity Act.

A recent Illinois personal injury case was examined by the Illinois Appellate Court to determine whether the lower court was correct in dismissing the plaintiff's willful and wanton misconduct count under claims of a school's immunity under §3-106. In Peters v. Herrin Community School District, No. 4, et al., No. 5-08-0125 the Illinois Appellate Court for the Fifth District reversed the trial court's ruling and remanded the case back to the lower court.

In Peters, the minor plaintiff was injured while participating in a summer football camp sponsored by the defendant school district. The Illinois personal injury occurred when the plaintiff camper was running from the dressing room to the football practice field. The plaintiff and his fellow campers were following his coaches' instructions as to what route to follow when the plaintiff tripped over a bumper on the shot-put pit. The bumper was obstructed from view by weeds.

Continue reading "Personal Injury Case Against School Reviewed By Illinois Appellate Court for Immunity Issues of Willful and Wanton Count" »

An Illinois Appellate Court recently reversed the lower court's order dismissing an Illinois personal injury case in Oelze v. Score Sports Venture LLC, d/b/a Score Tennis and Fitness Center, No. 1-09-1476. While the lower court granted the defendant's motion for summary judgment based on its opinion that there was no evidence to support plaintiff's claims of willful and wanton misconduct on the part of the defendant, the Appellate Court found that there was a question of fact regarding whether the defendant had acted recklessly. And since there were material facts to consider regarding the defendant's actions, the trial court should not have summarily dismissed the case.

The Illinois personal injury case involves a plaintiff that was injured while playing at an indoor tennis club where she was a member. She became injured when she was caught her foot in a rope exercise ladder while running for a play. At the time the exercise ladder was being stored behind a curtain at the end of the tennis court. The plaintiff sustained a broken elbow and torn rotator cuff.

The plaintiff originally filed an Illinois personal injury lawsuit alleging negligence by the owner-operator of the Illinois tennis club. However, that case was dismissed after the defendant produced an agreement signed by the plaintiff upon her application for membership which included a provision stating that the plaintiff released the defendant “from any and all liability for any damage or injury” that might occur while using the defendant’s equipment and facility.

The trial court found that under the agreement the plaintiff had voluntarily waived any liability for fault on behalf of the defendant. The dismissal of the original Illinois personal injury claim is not at issue here. However, it should serve as a warning to anyone signing an agreement or release that these documents often include language releasing a party from liability regarding future injury or harm. Even many Illinois nursing homes are including mandatory arbitration clauses to prevent patients from filing lawsuits as a result of Illinois nursing home abuse.

Continue reading "Illinois Appellate Court Reverses Trial Court on Misconduct Personal Injury Claim Against Tennis Club" »

In 2002, a mother and her teenage daughter were living in a rented home. One night, the high school junior returned home at 10:30 pm and noticed a faint order when she walked into the residence, but she didn’t identify it as natural gas because she didn’t know what natural gas smelled like.

On the following morning, the mother woke up about 6:30 am and smelled what she thought was natural gas. Her daughter recognized the odor as the same she had detected the night before but the smell had grown much stronger. The mother called 911, but the gas explosion occurred immediately after that call was made. The mother and daughter were severely injured.

The plaintiffs sued the owner and general manager of the duplex where they lived as well as the plumbing company that had installed the gas piping. It was alleged by the plaintiffs that the interior gas piping had been installed negligently and caused the explosion.

After the lawsuit had been filed, the plaintiffs added gas utility, Northern Illinois Gas as a defendant. The plaintiff settled with the building owner and general manager as well as the plumbing company. They proceeded against Northern Illinois Gas who they alleged was negligent in that the company failed to inspect its work and warn the plaintiffs.

Continue reading "Illinois Gas Company Held Not Responsible In Gas Explosion" »

In Illinois personal injury lawsuits, the job of the court is to oversee the case and make sure it moves efficiently through the court system. In most cases, this involves setting deadlines for discovery, establishing a firm trial date, and ruling on motions. However, in some cases the court will order one or both of the parties to perform a specific action.

In a recent Illinois personal injury lawsuit, the court ordered the plaintiff's family to accept the defendant CTA's offer to settle for $11 million. The defendant had previously offered the plaintiff's family $10 million, which they had refused.

This Illinois personal injury case involved a 28 year-old factory worker who was a passenger in a car when it was struck by a Chicago bus. At the time of the accident the plaintiff had a one year-old son with his second child being born just one day after the Chicago bus accident. The severity of the injuries the Illinois resident sustained during the bus accident have left him with the mental capacity of a child.

The plaintiff required three months of hospitalization due to a traumatic brain injury which has left him permanently disabled. Not only is he no longer to work and provide for his young family, but he requires constant care and supervision at home.

Continue reading "Chicago Bus Accident Settlement Ordered By Cook County Court Despite Plaintiff's Willingness To Accept Settlement" »

A recent Cook County personal injury lawsuit examined the degree of care a railroad owes to its passengers. The Illinois personal injury case was brought by a commuter who alleged a dangerous condition at an Illinois Metra train station caused his injuries. Pence v. Northeast Illinois Regional Commuter RR Corp., No. 1-08-3668 (Feb 3, 2010).

At the time of his injury, the Illinois plaintiff was making his way from a nearby parking lot towards the Metra train station. The plaintiff tripped over a railroad tie, fracturing his wrist and left shoulder. The plaintiff's lawsuit alleged that the railroad had breached the high degree of care that it owed to its passengers.

However, the plaintiff's personal injury claims were problematic because by definition he was not a passenger when he was injured. At the time of his injury, the plaintiff was walking diagonally across an intersection in an area that was not officially designated as a parking lot. This seemingly small detail opened the way for Metra to move for summary judgment under an argument that the railroad was insulated from liability under the Local and Government Employees Tort Immunity Act.

Continue reading "Cook County Personal Injury Claim for Fall at Metra Train Station Denied By Court: Illinois Tort Immunity Act Does Not Apply to Non-Train Passengers" »

In Illinois, parties to a lawsuit can file motions in limine in an effort to keep certain information from being brought up at trial. The Illinois Appellate Court recently reviewed an Illinois personal injury case, Ford v. Grizzle, No. 5-08-0185, after the plaintiff claimed the defense received a favorable jury verdict due to the Circuit Court's denial of plaintiff's motion in limine.

The plaintiff's motion in limine sought to prevent evidence being introduced related to plaintiff's two prior traffic accidents and injuries. However, the defense contended that this information was relevant because there was extensive medical evidence demonstrating that the prior injuries were relevant to the plaintiff's current injuries.

The trial court denied plaintiff's motion in limine and the information was allowed at the Illinois personal injury trial. The jury returned a verdict in favor of the defense, which led to the plaintiff's appeal to the Illinois Appellate Court that the introduction of the evidence regrading the two prior injuries had prejudiced the jury.

Continue reading "Illinois Personal Injury Claim Reviewed By Appellate Court: Uphold Denial of Plaintiff’s Motion to Keep Out Two Prior Accidents" »

A recent Cook County personal injury settlement highlights the importance of following building codes. The Illinois personal injury claim involves a 34 year-old male who injured his ankle after falling on stairs. The alleged cause of the worker's fall was a non-uniform stair riser.

The stair that the man fell on allegedly measured about two inches higher than all the other stair risers in the relevant stairway. According to the ADA Accessibility Guidelines, the rise of all stairs must be uniform:

4.9.2 Treads and Risers. On any given flight of stairs, all steps shall have uniform riser heights and uniform tread widths. Stair treads shall be no less than 11 in (280 mm) wide, measured from riser to riser (see Fig. 18(a)). Open risers are not permitted.

Some cities or townships may have even more detailed requirements regarding stair rise. For example, the Chicago Municipal Code requires that risers not vary in height more than 3/8 inches. Given that the current Illinois personal injury lawsuit involved a variance of almost two inches would qualify as a building code violation under the Chicago Municipal Code.

Continue reading "Cook County Personal Injury Case Highlights Importance of Following Illinois Building Code Requirements" »

A recent ruling by an Illinois Appellate Court reviewed whether the 'contact-sports' doctrine applies an independently contracted trainer who has been injured by an amateur sports player. The court overturned a ruling made by a lower court in the Illinois personal injury lawsuit.

The facts of the DuPage County case deal with a hockey trainer who brought an Illinois personal injury claim after sustaining permanent vision loss when he was struck in the eye by an errant hockey puck. The puck had been fired by an amateur hockey player who allegedly was "sniping" at bottles that were lined up on a nearby bench.

The DuPage County judge dismissed the trainer's allegations of willful and wanton conduct on behalf of the player and the amateur team as well as the two counts of negligence against both defendants. In doing so the judge cited that the actions on behalf of the defendants qualified as ordinary carelessness under the Illinois contact-sports doctrine.

However, the Illinois Appellate Court disagreed with the DuPage County judge and reversed the lower court's ruling, stating that the trainer's claim was not barred under the contact-sports doctrine.

Continue reading "Illinois Hockey Trainer’s Negligence Claim Not Barred By ‘Contact-Sports’ Doctrine" »

A recent Cook County personal injury verdict stands out from other Illinois auto accident cases due to its somewhat peculiar case facts. The Illinois personal injury claim was made on behalf of two men injured while sitting at the counter of Gold Coast Dogs, a Chicago-style hot dog chain. The plaintiffs were eating when a SUV crashed into the fast food chain's window, striking the surprised plaintiffs.

As a result of the Illinois auto accident, one of the plaintiffs sustained a fractured ankle that required exploratory surgery and the other Cook County plaintiff suffered a non-displaced fibula fracture.

While it is certainly strange enough when a vehicle crashes into a building, in this Illinois personal injury claim the circumstances get even stranger. The SUV not only crashed through the window of the restaurant, but first crashed through a pedestrian gate as it was exiting a garage and then continued across the street and jumped the curb before crashing into the plaintiffs.

Continue reading "Cook County SUV Crash Results in Illinois Personal Injury Claim on Behalf of Two Restaurant Customers" »

In 1992, an 8th grader at a Chicago Public School broke his neck after hitting his head on a mat while attempting a flip. The incident occurred during an extracurricular lunch activity run by an employee of the Chicago Youth Centers at a Chicago Public School that owned the trampoline. Ten years after the accident, a Cook County Circuit Court Judge granted summary judgment for the defendants. The judge agreed with the defense argument that absolute immunity applied under the Tort Immunity Act. The Tort Immunity Act is to ensure that public entities and employees are not liable to pay damages to an injured third party. According to the Tort Immunity Act, public entities, such as Chicago Public Schools and Chicago Youth Centers, and public employees, such as the Chicago Youth Centers' employee in charge of the extracurricular activity, are not liable for the actions and indiscretions of others. However, if a public employee's actions or lack thereof constitutes willful and wanton conduct, the employee is liable for the injured third party.

Continue reading "Chicago Board Of Education Settles After Court Determines Actions Were Willful and Wanton - A Tort Immunity Exception" »

Oftentimes, when we think of life-changing truck accidents in Illinois, we think of rollovers or jack-knife accidents. However, a standard Illinois rear-end trucking accident can also lead to drastic changes to drivers' and passengers' lives. The case of the plaintiff truck driver in Shinaberry v. KA Bulk Transport d/b/a Klemm Tank Lines, et al., 06 C 5947, illustrates this point.

In Shinaberry, an out-of-state truck driver was struck by another truck in an Illinois rear-end trucking accident. The plaintiff was stopped at a red light when he was struck from behind by another Illinois truck. Following the accident plaintiff sustained some low back pain, which was initially diagnosed as a lumbar strain.

However, after the plaintiff's back pain continued he was referred for additional treatment. It was at this time that he was diagnosed with a lumbar disc bulge, lumbar stenosis, and S1 radiculopathy. At this point, the seemingly simple Illinois rear-end collision caused the plaintiff to undergo surgery to repair his injuries, including a spinal fusion. After the operation the plaintiff underwent some physical therapy to improve his mobility.

Continue reading "Illinois Truck Driver Settles Rear End Crash " »

An Illinois McDonald's employee brought an Illinois premise liability lawsuit against the store franchise and McDonald's Corporation after she was attacked on the restaurant's premises. Her lawsuit, Lawson v. Schmitt Boulder Hill, Inc. and McDonald’s Corporation, No. 2-09-0026, explores the issue of what degree of duty a corporation owes to its franchisee's employees.

In this case, Lawson, part-time McDonald's employee, was attacked as she was parking her car to the side of the restaurant's parking lot. In her complaint, Lawson alleged that before she could enter the restaurant that she was robbed, abducted, and assaulted. Lawson claimed that this attack and following injuries were the cause of the defendants', McDonald's Corporation and its franchise, negligence and the inadequate security provided.

The plaintiff alleged that McDonald's Corporation was liable for her injuries because it published standards for its franchises to maintain regarding parking lot lighting as well as other policies and procedures to ensure the security of employees and patrons. Furthermore, it was alleged that it is McDonald's policy to monitor and enforce its standards, which it does by regularly sending McDonald's security personnel to its restaurants to confirm franchises' compliance with the company's rules and regulations. Plaintiff used this information to show that McDonald's Corporation, and not just the individual franchise, had a duty to ensure her security while on McDonald's premises and the failure to do so was the basis for her Illinois premise liability claim.

Continue reading "Illinois Premise Liability Issues Reviewed: Appellate Court Reverses Lower Court Ruling Regarding Franchisor’s Duty " »

A Chicago area brick layer settled his Cook County personal injury case with a semi-truck driver after his vehicle was struck by the defendant. It was alleged that the Cook County trucking accident occurred when defendant improperly took a left turn in front of the plaintiff’s vehicle when the defendant truck driver’s vision was obscured by the weather conditions and the way the roadway curved.

The plaintiff suffered an acetabular fracture in the Cook County truck accident. The acetabulum is the socket part of the pelvic bone that connects the femur to the rest of the pelvis.

Recovery of such an injury can be long and difficult. Patients are often required to keep weight off their hip for up to three months. Long-term effects are also not uncommon. Patients commonly suffer from hip arthritis, and even need hip replacements later in their lives.

The plaintiff is now disabled and unable to return to his usual work. The Chicago trucking accident case was settled on the plaintiff's behalf for $2 million.

Continue reading "Illinois Truck Accident Disables Chicago Brick Layer - Settlement Reached" »

Intersections are prime spots for Illinois car accidents. As drivers and pedestrians you should be extra cautious at intersections and crosswalks. A recent Chicago car accident illustrates just how dangerous intersections can be.

On the evening of January 10, 2010, an Illinois driver ran a red light on Chicago's Southside and struck another vehicle. While the driver was cited for his negligence by the Chicago police, the Chicago car crash left two individuals from the second car in critical condition.

Unlike other areas of the roadway, where drivers are driving in similar directions, at intersections there are many different directions of traffic that converge. For example, in the above Illinois car crash, the driver running the red light struck the other car who was attempting to make a left-hand turn. Presumably when the driver was looking to turn left he was looking to make sure that oncoming traffic was clear and not for any drivers that were potentially disobeying the traffic signals.

While it is always a good idea to be a defensive driver and aware of your surroundings, this is even more important at an intersection. When auto accident victims are interviewed they often say that the other driver came out of nowhere. This could be attributed to the fact that there are so many factors to be aware of in an intersection yet our eyes cannot be looking everywhere at once. Therefore, when a driver comes from an unlikely source, e.g. from running a red light, it might seem that they appeared out of thin air. So please practice extra caution when driving or walking in intersections and make sure to always obey all signals and rules of the road in order to avoid potentially deadly Illinois auto accidents.

Continue reading "Dangers of Illinois Intersection Car Accidents Highlighted By Recent Chicago Auto Accident: Two South Suburban Cook County Motorists Left in Critical Condition" »

The holidays are a time of traveling home to your loved ones, which results in an increase of traffic at Chicago's O'Hare Airport, Chicago's Midway Airport, and other airports nationwide. And as we look forward to being reunited with our loved ones, the last thing on our mind is aviation safety.

Yet in a recent report appearing in the December issue of Aviation, Space and Environmental Medicine (ASEM), stated that more than 1,000 people a year are hospitalized for aviation-related injuries. Fortunately, this report includes all branches of aviation and only about one-tenth of those injuries involved passengers on commercial airlines. However, that still means that more than 100 of those people were injured while flying commercially.

A more in-depth look at the report reveals that the data was compiled from 2000 through 2005 and includes reports from airplane crashes, parachuting accidents, maintenance worker injuries, and passenger injuries that were sustained on the ground. The information came from databases maintained by the federal government's Healthcare Cost and Utilization Project as neither the National Transportation Safety Board nor the Federal Aviation Administration collects complete information on all injured aircraft passengers.

Continue reading "Aviation/Airplane Injuries On The Rise Nationwide" »

The final chapter of a long debate regarding whether the Illinois Vehicle Code's "omnibus coverage" applies to commercial truckers was recently decided upon by the Illinois Supreme Court. The Court's held in Zurich American Inc. Co. v. Key Cartage, Inc., No. 107472 (Oct 29, 2009) that Illinois commercial vehicles are covered under the Illinois Commercial Transportation Law, a statute governing commercial vehicles, and not the Illinois Vehicle Code. Therefore the omnibus coverage clause under the Illinois Vehicle Code does not apply to commercial vehicle insurance.

The Illinois Supreme Courts decision overturned the Illinois Appellate Court's previous decision in the Illinois trucking accident case which asserted that the Illinois Vehicle Code did in fact apply to commercial vehicles.

In Zurich, the issue at stake was whether Zurich, a company insuring a trucking company, or West Bend, an insurer covering the leased commercial vehicle, was responsible for providing coverage. The case facts were that Franklin Truck Group, insured by West Bend, had leased a vehicle to Rose Cartage Services, insured by Zurich. Rose Cartage loaned this vehicle out to an affiliated company, Key Cartage. One of Key Cartage's drivers was operating this truck when he was involved in an Illinois truck accident that left one dead.

Zurich's insurance policy had a reciprocal coverage provision that stated that they would only cover Rose Cartage employees and that they would not extend coverage to anyone using the truck with expressed or implied interest if that person did not also insure the vehicle's owner. In response, West Bend contended that this reciprocal coverage clause violated the Illinois Vehicle Code that requires insurance companies to provide "omnibus coverage", i.e. coverage to any driver that has the expressed or implied permission of the insured to use the vehicle.

Continue reading "Illinois Truck Accident Insurance Coverage Clarified By Illinois Supreme Court" »

A Chicago driver settled his Illinois personal injury case with an Illinois electric company after his van was struck by the defendant’s vehicle. The defendant had ran a red light at the Chicago intersection of W. Taylor St. and S. Clinton St., causing the Illinois trucking accident.

The operator of the van, the plaintiff, sustained cervical and lumbar spine damage that required multiple-level fusion surgery. The defendant who ran the red light at that intersection argued that the plaintiff’s injuries were due to a prior Illinois auto accident. However, this did not preclude his employer from settling the case and compensating the plaintiff for his injuries.

The electric company settled the case with the plaintiff for $2.1 million. However, according to the report of the settlement, there was a statutory lien on the case for $433,000. Because the plaintiff was working at the time he was entitled to and received Illinois workers’ compensation. The lien was waived, which was also reported in the settlement.

Continue reading "Chicago Intersection Accident Settled Against Electric Company" »

Despite having a preexisting back condition, a plaintiff driver received $2 million from the defendant driver for a back injury sustained in an Illinois trucking accident. Prior to settlement, the Chicago personal injury case was pending in the United States District Court for the Northern District of Illinois.

In the 2004 truck accident, a box truck driven by the Illinois plaintiff was rear-ended by a tractor-trailer driven by the defendant. The defendant tractor-trailer driver admitted responsibility for the rear-end crash. Following the Illinois truck accident the plaintiff driver experienced significant back pain and eventually required a spinal fusion. However, despite the surgery he has been unable to return to work as an HVAC specialist since the accident due to the high level of pain and subsequent physical limitations.

It is actually fairly common for auto accidents to aggravate prior conditions to the point where they interfere with the victim's life, especially in rear-end accidents. In this case the plaintiff had a prior back condition that was aggravated by the collision and causing it to become symptomatic. So even though the plaintiff had no prior back pain, his underlying problems were already present at the time of the collision.

Continue reading "Illinois Truck Accident Settled by Truck Driver For $2 Million" »

Any Chicago driver understands the danger of potholes -- whether you've swerved to avoid a crater that suddenly appears on the road in front of you, experienced an extremely bumpy ride from a range of smaller potholes, or observed the constant summertime road work to repair the winter's damage. And while potholes are as much of a part of Chicago's landscape as the Buckingham Fountain, there is a difference between potholes that are a nuisance and those that are a danger.

Consider the case of a 43 year-old man who was severely injured in a Chicago motorcycle crash after his vehicle hit a large pothole. He filed a personal injury lawsuit against the City of Chicago, which recently settled for $3.25 million.

The plaintiff's complaint alleged that the roadway condition near the 900 block of S. Western Avenue was dangerous due to the large pothole that existed in the area prior to his September 2000 motorcycle accident. At the time of the motorcycle crash the decedent was riding along the roadway when his motorcycle went into an open pothole. He was thrown from his bike and sustained traumatic injuries, including loss of vision in his right eye and paralysis of his right arm.

Continue reading "Chicago Motorcycle Crash Caused By Large Pothole: City to Pay $3.25 Million to Injured Driver" »

A Cook County jury recently returned a verdict awarding over $25 million to an Illinois resident who suffered a severe spinal injury after being involved in a truck crash. The then 38 year-old plaintiff was left as an "incomplete paraplegic" and has been unable to return to work since the 2004 accident. The defendant driver was also left paralyzed after the truck accident.

The Illinois truck accident occurred when the plaintiff's SUV collided with a truck being driven by an Illinois Department of Transportation (IDOT) employee. At the time the plaintiff was heading to a Schaumburg construction site when he collided with the IDOT driver at the intersection of Frontage Road and the Elgin-O'Hare Expressway. Both drivers alleged that they had a green light and that the other driver's signal was red. The local Illinois police attempted to reconstruct the Illinois truck accident, but were unable to determine which driver was at fault.

In cases like this accident reconstruction can be extremely difficult and oftentimes might not result in any definitive conclusions. Without witnesses who can testify as to which version of the events is correct it is hard to determine what happened. However, when there are other factors to consider, such as an intoxicated driver, or poor weather conditions, then the process becomes much easier.

Continue reading "Chicago Truck Crash Results in $25 Million Jury Award To Man Who Sustained Spinal Injury" »

In 2003, a 12 year-old boy was attempting to hitch a ride on a moving freight train when his foot was severed and eventually amputated. The now 18 year-old man was awarded $6.6 million by a Chicago circuit court judge as a result of his personal injury.

The plaintiff had been with a group of friends at the railroad track near a Chicago Ridge park and had attempted to board the moving Burlington Northern Santa Fe freight train several times. On his third try the boy managed to grab hold of the bottom rung of a ladder on the side of the box car. However, he then fell backwards with his left foot landing on the rail, which was then run over by the train. Doctors were unable to repair his foot and the boy required a below the knee amputation and now uses a prosthetic leg.

The main issue of the case revolved around plaintiff's argument that the Burlington Northern Santa Fe Railroad knew that children typically trespassed in this area and yet had failed to fence off the railways. According to the plaintiff there should have also been a pedestrian crossing over the railroad tracks.

Continue reading "Freight Train Incident Results in Leg Amputation: Cook County Jury Awards $6.6 Million" »

Chicago has long been known as the transportation hub of the country and has historically led the nation in air, trucking and rail transportation. However, changes in the economy and space limitations are limiting further expansion of Chicago's transportation.

Since 2007 Chicago trucking companies have been going out of business or consolidating since 2007. However, Chicago commuters and drivers might not be able to tell given the high levels of road traffic and congestion that remain. Because of the high demand in the Chicago area, transportation assets have been stripped down and led to congestion, delays and calls for major public and private investments in the region’s capacity to move people and goods effectively.

Because U.S. exports are down by 24.3% since July 2008 and imports are off by 1/3, traffic volume in Chicago’s transportation industry is also down. The transportation industry was already heading down last year when oil prices spiked coupled with the Wall Street meltdown which dried up credit and further hampered freight traffic going into 2009.

Continue reading "Chicago, Nation’s Transportation Hub, Faces Trucking, Rail and Air Gridlock" »

Results from a new study show that deaths associated with forklift accidents are rising. Data was collected over a 15-year period by the National Institute for Occupational Safety and Health (NIOSH) under their Traumatic Occupational Fatality surveillance system.

The study showed that forklifts, or powered industrial vehicles, were involved in a significant number of deaths in the workplace. According to the study several different factors contributed to the cause of the Illinois construction site accidents, including the nature of the injury and the decedent's age, gender, race, occupation, and industry.

Many of the fatalities resulting from forklift overturns might have been prevented if the operators had been restrained with lap or shoulder belts. Careful consideration should be given to separating pedestrian and forklift traffic and restriction of use of forklifts near time clocks, exits and other areas where a large number of pedestrians pass through in a short time.

Continue reading "Forklift Accidents Fatalities On the Rise According to National Institute for Occupational Safety and Health" »

New reports show that even licensed truck drivers and bus drivers in Illinois may be unqualified to drive their respective vehicles because of inadequate testing in other states. Some of these unqualified drivers are threats to the public utilizing Illinois highways and can even lead to tragic trucking accidents and bus accidents. In fact, a link has been found between unskilled drivers and an increase in Illinois trucking accidents.

The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was designed to stop these abuses by prohibiting drivers from holding more than one state license. The CMVSA is addressing the problems caused by unqualified truck drivers and bus drivers by creating a nationwide system that prevents the issuance of multiple licenses.

The CMVSA is also cracking down on the past practice among some unqualified drivers who had multiple licenses from different states to spread around their traffic convictions using different licenses from different states. A new system allows states to exchange information on traffic violations, making it easier to remove problem drivers from the road. In addition, truck drivers who violate the law are subject to tougher penalties.

Continue reading "Illinois Cracks Down on Truck Driver Licensing to Reduce Truck Accidents and Improve Trucking Safety" »

Parents will take much more precautions after they read about the $2.5 million settlement arising from an Illinois car crash involving two minors who were drinking in a Lake County, Illinois family’s home. One of the minors involved in the car accident is now paralyzed from the chest down. Baldwin v. Klairmont et al., No. 07 L 105.

In November 2006 when the minors were drinking beer in the Illinois family's home, the wife was present and apparently allowed the underage drinking. The lawsuit alleged that the parents had a duty to supervise the activities in their own home. The family’s younger daughter had invited the two minor boys to their home where they proceeded to drink. The lawsuit asserted a negligence claim alleging that the family adults had several opportunities to stop the teens from drinking, but did not.

The teens left in a car after the husband came home and discovered that they were drinking. The vehicle that one of the minor boys was driving crashed into a utility box injuring him and his passenger. The lawsuit was brought under the 2004 Illinois Drug or Alcohol Impaired Minor Responsibility Act, which allows for civil penalties against adults who serve alcohol to minors and then injure someone else.

Continue reading "Illinois Car Crash Leads to $2.5 Million Settlement for Personal Injuries Suffered by Minors" »

Car and truck manufacturers have largely ignored the product defects causing insufficient occupant protection and rollover crashes until recently, relying instead on inadequate minimum government standards. However, this is changing in light of increased pressure from a consumer-friendly government coupled with years of having to compensate victims of rollover deaths and personal injuries. These manufacturers are now taking steps to protect the public.

In 2005, the National Highway Traffic Safety Administration (NHTSA) proposed an upgrade to the 1973 version of the federal roof crush standard for automobile manufacturers. At that time, the standard was so weak that most occupants in a rollover would be severely injured or killed. That standard merely requires a vehicle roof resist a static force of 1.5 times the empty weight of the vehicle or 5,000 lbs., whichever is less. This kind of standard does not reflect the dynamic forces that a vehicle typically experiences in an actual rollover. In virtually every rollover, the roof makes contact with the ground on one side or then the other.

Continue reading "Car, SUV And Truck Rollover Accidents No Longer Being Ignored By Manufacturers" »

Evidence shows that bus passengers in Illinois and nationwide run a higher risk today than in the past. Whether due to poor oversight, poor bus design, maintenance problems, or inattentive operators, the level of safety on the average commercial bus is far from what it should be. If these issues are not corrected then there will be a continued rise in the number of injured and killed passengers and tragic bus crashes.

One way to stem the increase in passenger injuries and deaths could be an increase or stricter enforcement of regulations in place to protect the traveling public. Poor reinforcement of the current regulatory structure has resulted in an environment where a bus company and its drivers operate freely without any fear of consequence.

Another measure is to increase safety features. Research has proven again and again that an increase in safety features can increase survivability in bus crashes. Yet commercial buses are not nearly as safe as they should be. Unlike safety measures taken in airplanes or cars, advances in passenger safety on buses have been slow. There are many ways to make buses safer.

For example, seat belts have been standard on both airplanes and automobiles, but not on buses. Incredibly most buses are not even equipped with seat belts.

Buses could also be made more crash worthy. The strength of a bus roof depends on its support structure. The pillars between the windows of the bus are critical. The bus manufacturers have enlarged their vehicles’ windows for the convenience of passengers, but the support structure for the roofs has been compromised.

Continue reading "Passenger Bus Crashes Increase In Frequency As Safety Issues Arise" »

In a case involving injury to a 7 year-old who was kicked in the back by a horse, the Illinois Appellate Court decided the question of whether contributory fault was a valid defense to the lawsuit.

The plaintiff brought this personal injury case seeking compensation under the Illinois Animal Control Act which provides:

If a dog or other animal, without provocation, attacks, attempts to attack or injures a person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby. 510 ILCS 5/16.

In this case, the trial judge allowed the defense of contributory negligence. But the court looked to the case of Johnson v. Johnson, 2008 WL 4830822 (1st Dist., Nov. 5) to reverse the trial court's judgment. Johnson found that "A plaintiff’s contributory fault is only relevant to the extent that it relates to the element of provocation. It is not a defense in and of itself."

The Animal Control Act is a derogation of common-law and is not a strict liability statute. Therefore it does not impose strict liability on animal owners whose animal inflicts injuries upon others.

Continue reading "No Contributory Fault for Illinois Animal Control Act Held By Illinois Appellate Court" »

In a recent ruling, a Cook County Circuit Court judge held that the substantive defense of tort immunity does not apply to common carriers because that would represent a procedural limitation on the assertion of a right. Ortiz-Rivera v. Northeast Regional Commuter Railroad Corp., d/b/a Metra, No. 07 M5 2363.

The ruling by Judge Brosnahan is consistent with an Illinois Supreme Court ruling issued in April 2008 in Smith v. Waukegan Park District, 2008 WL 174664. In that case, the high court unanimously held that local governments are not immune from lawsuits alleging retaliatory discharge for the filing of a workers’ compensation claim.

Ortiz-Rivera involves a December 2006 incident involving a Cook County resident who was a passenger on a Metra southwest line train departing from Chicago's Union Station. In moving from car to car, the plaintiff, after releasing the door, it closed quickly and hit her fingers resulting in a broken left small finger. On the date in question that train, along with several others, had been delayed due to a snow storm.

Continue reading "Illinois Tort Immunity Act Does Not Apply to Metra or Other Common Carries in Train Accidents" »

New Year's Eve is a time to celebrate the coming of 2009. Restaurants and bars in Chicago and nationwide are lively as many celebrate the holiday and the arrival of the new year with drinks and merriment. It is easy to imagine that New Year’s Eve is a risky time for drivers and pedestrians in Illinois and the rest of the states.

Holidays in general are the most hazardous times for drivers due to sharp increases in traveling and drunken driving. And when it comes to New Year’s Eve, research offers sobering statistics.

From 1986 to 2002, the Insurance Institute for Highway Safety (IIHS) has researched accident data in the United States, New Year's Day ranks fourth in terms of most accident-related fatalities on a given day. Coming in at first and second are the 4th and 3rd of July, followed by December 23rd. Based on these statistics New Year's Eve and Day are not the riskiest days of the year to be out celebrating.

Yet a closer examination of the statistics reveals something peculiar. While it might not be the deadliest day for those in vehicles, it is the deadliest day of the year for pedestrians. According to the IIHS study, New Year's edged out Halloween as the having the highest incidences of pedestrian deaths. On New Year's a large majority of these deaths can be attributed to the increase in drinking and celebrating. Half of the deaths involved alcohol impairment and 58% of the pedestrians who were killed had a high blood-alcohol concentration.

So this year when you are out celebrating the end of 2008 and the beginning of 2009, please remember to be safe and responsible. Happy New Year from the staff at Kreisman Law Offices.

Continue reading "Is New Year's Eve The Most Dangerous Time of the Year to Be On the Road? What About for Pedestrians?" »

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.

Speculation 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" »

In Illinois and other states, the collateral source rule is a much debated legal issue and deals with whether or not a plaintiff in a personal injury case can recover money for their medical bills, including those paid by their insurance. The Illinois Supreme Court's recent decision in Wills v. Foster (2008 WL 2446696 (Ill. June 19, 2008), has not only established a clear interpretation of these issues, but also laid out how the rule applies to individual personal injury cases in Illinois.

The collateral source rule's initial purpose was to ensure that a plaintiff's medical bills in a personal injury case are not diminished by the court or jury because of evidence that those bills were paid by a collateral source, such as an insurance company. For example, if a person was injured and his insurance paid part of his or her bills, that information could not be presented to the jury in order to argue that the plaintiff should then receive less.

However, the rule wasn't that simple. Questions arose, including whether a plaintiff could recover for free medical services, if Medicare and Medicaid were governed by the rule, and if the amount refers to the initial bill or only to the amount the insurance company paid.

Continue reading "Illinois Personal Injury Case Argument Over Medical Damages Settled by Illinois Supreme Court" »

Chicago U.S. District Court Judge granted summary judgment in favor of the City of Chicago, dismissing the case brought against two Chicago police officers who ran over two young Chicago children. When it hit the children the officers' unmarked car was driving at high speed with no lights or flashers.

The suit claimed that the City of Chicago and its two officers violated the children's right to substantive due process under the 14th Amendment to the U.S. Constitution. The issue before the court was whether an Illinois auto accident caused by reckless driving forms the basis for constitutional liability under the substantive due process clause.

According to Judge Hibbler, the U.S. Supreme Court has held that recklessness in such a situation is not enough. The rule of thumb for establishing the threshold in a substantive due process challenge comes for the ruling in County of Sacramento v. Lewis, 523 U.S. 833 (1998): whether the behavior "is so egregious, so outrageous that it may fairly be said to shock the conscience."

Under Hill v. Shobe, 93 F.3d 418 (7th Cir. 1996), it was held that reckless driving alone was not enough cause to impose liability under the due process clause. Furthermore, Lewis ruled that a high speed chase without the intention of causing harm does not meet the level of shocking one's conscience.

Judge Hiller further reviewed the facts of the current case to determine whether the two police officers had intended to harm the two children. Evidence supported that the officer driving was indeed reckless when he struck the children. At the time the officers were speeding down the wrong side of the street with neither their lights or sirens on in an area near a school zone. According to the officers they were chasing a man with a gun. Yet Hiller felt that there was evidence to support the victims' family's claim that the officers were in fact avoiding traffic and there was no man with a gun. One of the boys struck by the police officers died, the other survived.

But while there was ample evidence to support the officers' reckless behavior, there was no evidence that they had intended to harm the two children. Therefore Hiller reluctantly ruled in favor of the City of Chicago's summary judgment and dismissed the case. However, Hiller did recommend to the family that they appeal to the 7th Circuit Court of Appeals in Chicago for further review of the due process claim. That perhaps the Appeals Court would review whether the recklessness shown in the present case would be enough to shock the conscious and thereby violate the substantive due process clause.

Continue reading "Chicago Not Liable For Fatal Crash Involving Two Children Struck By Chicago Police In Unmarked Car" »