Chicago Personal Injury Lawyer Blog

In a case of police brutality, the City Council of Chicago will pay a $525,000 settlement to the family of an autistic boy. Oscar Guzman, a minor, was chased and clubbed by police in a case of mistaken identity. The family sued the City of Chicago and the Chicago Police officers for the physical and mental anguish Oscar sustained.

In 2009, Oscar was watching pigeons in front of his family's Little Village restaurant when two police officers approached him. According to the police, Oscar matched the description of a suspect they were looking for. When he was unable to answer questions and retreated into the family's restaurant, the police officers chased him. According to one of the officers, Oscar reached towards his wristband and he walked away, which led them to suspect that he had a gun.

Inside the restaurant, Oscar's parents tried to explain that Oscar had special needs, that he was autistic, and pleaded with the officers to leave him alone. The officers pushed Oscar's father out of the way and ignored Oscar's cries that he was "a special boy." Oscar was hit on the head with a retractable club and sustained a four-centimeter laceration to his head. He was taken to the hospital by ambulance and received stitches.

Continue reading "City of Chicago to Pay $525,000 to Settle Police Abuse of Autistic Boy" »

It is common knowledge that insurance companies tend to drag their feet when it comes to paying out on insurance policies. Therefore, there are laws in place to prevent insurance companies from acting in bad faith and requiring them to uphold their end of the bargain. However, in the lawsuit of Kevin Pryor v. United Equitable Insurance Company, No. 1-11-0544 (2011), the appellate court found that the insurance company had actually not acted in bad faith. Rather, it was the insured client who had jumped the gun and filed an unnecessary lawsuit.

The case arose out of a claim the plaintiff, Kevin Pryor, filed after being involved in a 2009 car crash. While Pryor had car insurance, the other driver did not. Therefore, Pryor filed an uninsured motorist claim with his own insurance company, United Equitable Insurance Company.

On January 21, 2010, Pryor entered into a binding arbitration agreement with United Equitable for an award of $9,775. On January 27, 2010, Pryor signed a release and trust agreement regarding that award. On February 5, 2010, Pryor signed a release of the physician's lien, thereby completing his part of the arbitration agreement. United Equitable was to pay out Pryor's award within 30 days of receiving his release. However, when it had still failed to pay out by March 2, 2010, Pryor brought an insurance malpractice lawsuit against United Equitable.

Continue reading "No Bad Faith for Insurance Company’s Delay in Payment to Insured - Pryor v. United Equitable Insurance Company" »

In a high-risk industry like construction, following correct safety procedures is extremely important. An unsafe work site may not only lead to a construction worker injuring themselves, but could also cause injuries to others. When construction workers cut corners on safety it can have dangerous consequences.

Take for instance the Indiana construction case of John Mazzorana v. Emil Perrotta Co., Inc., 06 L 12451. The 33 year-old plaintiff, John Mazzorana, fell 30 feet after stepping onto an unsupported walking plank. As a result of the fall, Mazzorana ruptured his Achilles tendon and a tendon in his foot and sustained fractures to his left heel and spine.

At the time of the 2006 construction injury, Mazzorana had been working as a bricklayer on the Coffee Creek Center construction project in Chesterton, Indiana. Mazzorana and his fellow bricklayers began work on the project at 7:00 a.m. That same morning, carpenters from Emil Perrotta Co. were also working on the construction project and borrowed some of the bricklayers' scaffolding to assist their work. However, after the carpenters were done, they left an unsupported walking plank in place.

It was this unsupported walking plank that Mazzorana stepped out onto as he returned to work. The unsupported plank gave way, causing Mazzorana to fall 30 feet to the ground. The severity of his injuries required Mazzorana to undergo surgery; however, he still has hardware in his foot. It has been over five years since his construction site injury, yet Mazzorana is still unable to return to work as a bricklayer.

Continue reading "$8 Million Jury Verdict for Bricklayer Who Fell 30 Feet at Construction Site - Mazzorana v. Emil Perrotta Co." »

An Illinois jury evaluated a bicycle accident lawsuit to determine not only whether the defendant driver was liable, but also whether her employer was liable in Cedric Bacon v. City of Joliet, Sgt. Cordelia Dunn , 08L-859. The personal injury lawsuit arose out of a bicycle accident in which the defendant, Sgt. Cordelia Dunn, struck the plaintiff's bicycle while driving 50 mph through an intersection. Sgt. Dunn was responding to a call under her duty as a Joliet Police Officer, thereby making her employer, the Joliet Police Department, liable as well.

Cedric Bacon, the injured bicyclist who brought the personal injury claim against Sgt. Dunn for the injuries he sustained from the Joliet bicycle accident. Bacon required an open reduction internal fixation (ORIF) surgery to repair the broken bones in his right leg; the breaks were so severe that the surgeons needed to place screws and plates to try to stabilize the bones. Despite the surgery, injuries to the surrounding artery and nerves caused Bacon to develop a severe foot drop. In addition, Bacon suffered a severe brain injury and developed subsequent anxiety.

At the personal injury trial, the bulk of the testimony centered on what happened at the intersection accident and whether Sgt. Dunn was acting within the scope of her employment. In an unusual turn of events, Sgt. Dunn refused to testify for her discovery deposition. As a result, the judge barred her from testifying at trial, forcing the defense to find an alternative way to represent Dunn's versions of the events. To do so, the City of Joliet hired two accident reconstruction experts to reconstruct the intersection accident and testify before the jury at trial.

Continue reading "Joliet Squad Car Hits Bicyclist at High Speed, Resulting in Broken Leg and Brain Trauma - Cedric Bacon v. City of Joliet" »

A judge's job is to enforce the letter of the law. However, every so often a judge is presented with a case that whose law is not laid out in prior statute or case law. Take for instance the personal injury case of Gayane Zokhrabov v. Jeung-Hee Park, etc., 2011 IL App. (1st) 102672. The unique case facts meant that there was no clear legal precedent, leaving it up to the Illinois Appellate Court to establish a new precedent.

Zokhrabov arose out of an Illinois train accident in which Hiroyuko Joho was killed after being struck by a train. The plaintiff in the personal injury lawsuit, Gayane Zokhrabov, was standing on the train platform when Joho was hit by the fast-moving train. Zokhrabov was injured after being struck down by one of Joho's body parts; she then sued Joho's estate for her fractured wrist, legs, and shoulder.

The theory of liability in the Illinois personal injury lawsuit was that Joho's negligence caused Zokhrabov's injuries and that his estate should be liable for those injuries. Because the fact pattern in Zokhrabov's was unique and unprecedented, the Cook County judge handling the case relied on a similar Illinois lawsuit to make his ruling - Cunis v. Brennan, 56 Ill.2d 372, 308 N.E.2d 617 (1974).

Continue reading "Illinois Appellate Court Opens Waiting Passenger's Lawsuit Against Estate of Teen Killed by Amtrak Train" »

The Illinois Appellate Court recently examined a landowner's duty to warn visitors of an open and obvious hazard in Paul T. Swearingen v. Momentive Specialty Chemicals, Inc., No. 11-2088 (December 7, 2011). The personal injury claim examines whether a company and its employees owed a duty to a truck driver to warn him against the danger presented by a low hanging fire extinguisher system.

In March 2010, the plaintiff, Paul Swearingen, was working as a tanker truck driver for Transport Service Co. During the course of his employment, Swearingen delivered a tank of chemicals to a Momentive Specialty Chemicals facility located in Carpentersville, Illinois. After parking his truck in Momentive's unloading bay, one of the Momentive employees asked Swearingen to open his truck's dome.

Swearingen reports that he climbed his truck's ladder to access the dome opening, at which point he noted some low hanging piping located a few feet above the truck's dome. The piping was bright red and was reportedly part of Momentive's fire extinguisher system. Swearingen proceeded to climb on top of his tanker, at which point he struck his head on the piping and fell off his truck. Swearingen filed a personal injury lawsuit against Momentive in which he claimed the chemical facility was responsible for his injuries.

Continue reading "Summary Judgment for Defendant in Negligence Action Where Hazard was Open and Obvious- Deliberate Encounter Exception Did Not Apply in Swearingen v. Momentive Specialty Chemicals" »

The Illinois Appellate Court reviewed the personal injury lawsuit of Anderson v. Anderson, 2011 Ill.App. (1st) 10034 (Sept. 30, 2011), to determine whether or not the trial judge had correctly ordered a new trial. After reviewing the case facts and the jury's decision, the appellate court disagreed with the trial judge and reversed his order for a new trial. As a result, the not guilty verdict entered against the two defendants in Anderson stands.

Anderson arose out of a two-vehicle collision between a mini-van driven by defendant Sean Anderson and a vehicle driven by defendant Frank Fratto. The personal injury claim was filed by the six passengers in Anderson's van at the time of the car accident and was brought against both of the drivers involved in the intersection accident. The personal injury claim alleged that both Anderson and Fratto were at fault for the auto crash and therefore were both responsible for the plaintiffs' injuries.

However, the Illinois jury found in favor of both defendants and failed to find either at fault for the intersection accident. Rather than letting this verdict stand, the trial judge ruled that the verdict was invalid and granted a new trial. When defending his ruling, the judge stated that "the jury’s finding that neither was negligent given the facts of this case is unreasonable and against the manifest weight of the evidence. The jury had the discretion of apportioning the fault between the two parties, but a wash of liability is not an option when the injured is not an active participant in the cause of the incident.”

Continue reading "Alternative Liability Rule Applied in Two-Vehicle Collision - Anderson v. Anderson" »

When a civil lawsuit is subject to an appeal, there are typically two outcomes: either the court finds that the trial proceedings were just and legal, thereby putting an end to the case; or the court finds that errors were made at the trial court level and remands the case for a retrial. In the personal injury lawsuit of Michael Petraski, etc. v. Deborah Thedos, etc, et al., 2011 IL App. (1st) 103218
, the Illinois Appellate Court reviewed the case's trial proceedings a second time. In its most recent review, the court ordered yet another trial for the 2001 intersection accident lawsuit.

Petraski arose out of a 2001 Memorial Day crash involving the plaintiff, Margaret Petraski, and the defendant, Sheriff Officer Deborah Thedos. At the time of the intersection accident, Thedos was responding to a domestic dispute. In order to do so in a speedy fashion, Thedos ran a red light and crashed into Petraski's vehicle. The impact killed a passenger in Petraski's car and left Petraski an incomplete quadriplegic.

Following the first Illinois trial, the jury entered a $26.8 million verdict against Thedos and the Cook County Sheriff's Department. However, the defendants appealed this decision, arguing that the trial judge improperly excluded evidence of Petraski's alcohol consumption during the hours leading up to the car crash. Therefore, a second trial was initiated which allowed this persuasive evidence. At the conclusion of the second trial, the jury now returned a not guilty verdict in favor of the defendants.

Continue reading "Illinois Appellate Court Orders Third Trial For Car Crash Case - Petraski v. Thedos" »

A Circuit Court judge ruled on a provision in an insurance policy claim that arose out of a 2003 Chicago porch collapse. At issue was whether or not the death and injuries of several individuals was the result of a single occurrence. The judge decided in favor of the defendant insurance company, which contended that the injuries arising out of the porch collapse constituted a single occurrence in Jean Ware, et al. v. First Specialty Insurance Corp., 10 CH 10841.

The 2003 porch collapse that is the subject of Ware occurred in Chicago's Lincoln Park neighborhood. The various plaintiffs were outside on a third story porch when it collapsed; thirteen individuals died while many others suffered severe injuries. The building was insured by First Specialty Insurance Corp.; therefore, the injured plaintiffs brought a claim against the insurance company for the personal injuries and wrongful deaths that arose out of the porch collapse.

The current issue deals with the fact that the First Specialty Insurance policy had a limit of $1 million per occurrence and a $2 million aggregate limit for multiple occurrences. While the plaintiffs argued that their injuries constituted multiple occurrences since the related deaths happened at different times, the defendant argued that the claim constituted one occurrence because all the injuries arose out of the porch collapse. If the judge ruled in favor of the plaintiffs, then there would be a $2 million policy cap; whereas if the judge ruled in favor of the defendant, then there would only be a $1 million policy cap.

Continue reading "Cook County Judge Restricts Insurance Recovery in Porch Collapse Case; Ware v. First Specialty Insurance Corp." »

The plaintiff in a Lake County car accident lawsuit was awarded a $60,283 verdict for her injuries and lost time from work. The plaintiff in Pamela Paolinetti v. Demitry Yakovleva, 09 L 667 (Lake County), failed to complete all of the recommended medical treatments and was still experiencing pain. Consequently, the defendant challenged the nature and extent of the plaintiff's injuries following the Illinois car accident.

The plaintiff, Pamela Paolinetti, had been rear-ended by defendant Demitry Yakovleva. Both Paolinetti and Yakovleva's vehicles suffered significant damage, with both cars needing to be towed from the scene. Paolinetti's injuries required her to be taken by ambulance to the nearest emergency room.

Upon arrival at the Lake County ER, Paolinetti was treated for neck and back pain. Further testing determined that the car accident had aggravated her pre-existing arthritis. Paolinetti's doctors referred her for physical therapy; however, when her symptoms continued they then recommended cortisone injections. Cortisone is a steroid that is typically prescribed to relieve joint or muscle pain. However, while cortisone injections can relieve pain, they also carry the risk of multiple side effects, including joint infection, nerve damage, and osteoporosis.

Continue reading "$60,000 Jury Verdict in Admitted Liability Rear-End Crash - Paolinetti v. Yakovleva" »

A Chicago jury awarded a train engineer damages for an injury he sustained while operating a Metra train; Clarence Hatchett v. Metra, 09 L 5185. The award came after a Cook County injury trial in which the railroad attempted to prove the train engineer was at fault for his own injury, a theory that the jury seemed to agree with - it apportioned 70% of the train accident to the engineer.

The train injury took place in January 2009, while the plaintiff, Clarence Hatchett, was employed by Metra Rail. Hatchett was about to depart from Chicago's Union Station on Metra's Milwaukee District North Central Line when he did what many driver's do before departing- he tried to adjust his engineer's seat.

At the Cook County trial Hatchett explained that he determines his seat back position based on his ability to easily reach the automatic break. However, Hatchett was unable to reach his ideal seat position because the seat back was stuck in a forward position, leaving him roughly six inches further forward than he would have liked. However, Hatchett made no further attempts to adjust the stuck train seat and departed from Union Station.

As Hatchett's train approached the line's track crossovers located near Franklin Park, he needed to reach back to apply the automatic break. As he did so, Hatchett heard a loud pop and felt immediate pain in his left shoulder. A later diagnosis revealed that Hatchett had sustained from a torn tendon in his left rotator cuff, for which he would require a total shoulder replacement.

Despite the prior existence of Grade III and Grade IV shoulder injuries, Hatchett attributed the rotator cuff tear to the pop he heard while reaching for the automatic break. He brought a FELA lawsuit against his employer, Metra, for the medical bills related to the injury, his lost time from work, and general pain and suffering.

Continue reading "Train Engineer Receives Jury Verdict for Injury to Shoulder While Applying Train Brake - Hatchett v. Northeast Illinois Regional Commuter Railroad Corp." »

The Illinois Appellate Court recently affirmed a trial court's exclusion of photographs during a Cook County trial. The issue in Sylvester Scales v. Joseph Benne, No. 1-10-2253 (2011), was whether or not the photographs were barred from evidence because the plaintiff's attorney had not produced them to opposing counsel prior to the start of the trial.

The personal injury lawsuit involved a pedestrian accident in which the parties were disputing whether the defendant's car had struck the plaintiff, or whether the plaintiff had walked into the defendant's car. At the time of the car accident, Joseph Benne's car was in the left-turn lane at the intersection of North and Clybourn Avenues and Sylvester Scales was walking in the same area. At trial, Benne testified that he heard a "thud" on the side of his car; the assumption being that this noise represented the impact with Scales.

Benne also testified that the the turn-lane at the North and Clybourn intersection was long enough to accommodate six cars and that at the time of the car accident his vehicle was fourth or fifth in line. This testimony is significant because vehicles only owe pedestrians a duty if they are within the crosswalk. So if the defense can show that the pedestrian accident occurred four or five car lengths southeast of the crosswalk, then it can show that the defendant driver did not owe a duty to the pedestrian.

In order to refute this testimony, Scales's attorneys intended to use two photographs of the intersection taken from GoogleMaps and MapQuest and a photograph depicting the make and model of Benne's car taken from Autotrader.com. However, Benne's attorney moved to have the photographs excluded on the grounds that Scales's attorney had not produced them until that point. The judge granted the defendant's request and the plaintiff was unable to use the three photographs. The Cook County jury went on to enter a verdict in favor of Benne; Scales's attorney appealed this verdict based on argument that the outcome would have been different if the court had allowed the use of the three photographs at trial.

Continue reading "Photographs for Cross-Examination Are Excluded When Not Produced Prior to Trial - Scales v. Benne" »

As the holiday season approaches, drivers need to be even more aware of their surroundings. This added caution is necessary not only because of worsening road conditions as winter weather sets in, but also because of increasing traffic and distracted drivers. Whether hurrying to the mall to partake in Black Friday deals, or to grandma's to partake in some pumpkin pie, drivers can be preoccupied during the holiday season. Therefore, it is increasingly important to be on the lookout and drive cautiously during the holidays in order to avoid car accidents.

The personal injury case of Alan L. Valdez v. Kevin Claes and Ricky Heidner, No. 09 L 63023, demonstrates what can happen when one or both drivers is not paying attention. The 2007 car accident occurred at the T-intersection of Bonded Parkway and Brandy Parkway in Streamwood, Illinois. The plaintiff, Alan Valdez, was driving south on Bonded Parkway and was then heading left onto Brandy Parkway. At the same time, defendant Kevin Claes was driving westbound on Brandy Parkway when his vehicle struck the driver side door of Valdez's car.

As a result of the car crash, Valdez suffered a strain across his cervical, thoracic, and lumbar spine areas. In addition, he sustained a bulging disc in his lower back, which ended up progressing to a herniated disc just two months after the intersection accident.

Continue reading "$349,000 Jury Verdict for Injured Driver at T-Intersection - Valdez v. Claes" »

The Illinois Appellate Court clarified the duty owed to pedestrians who are outside of set crosswalks in the personal injury lawsuit of Amanda Jimolka v. Chicago Transit Authority, et al., No. 1-10-2894 (2011). The court held that motorists only owe a duty to pedestrians who are within the limits of an identified crosswalk. As a result, the Jimolka matter was dismissed based on evidence that the plaintiff was not within a crosswalk at the time of her injury.

The bus accident at issue occurred in August 2001 near the intersection of Belmont Ave. and Clark St. in Chicago. The plaintiff, Beverly Longo, was walking across the street when she was hit by a CTA bus. Although Longo was outside the crosswalk when she was hit, her guardian alleged that the CTA and its bus driver were still at fault in the pedestrian accident.

Longo's attorneys contended that she was not in the crosswalk because of heavy pedestrian traffic and also blamed a bike rider who was making a delivery for a sandwich shop. Longo claimed because of these impediments, she was unable to walk in the crosswalk and was forced to walk in other areas. Longo also accused the bus driver of speeding and claimed that if he had been driving at a normal speed that the bus accident could have been avoided.

Continue reading "Illinois Appellate Court Affirms That Walking Outside of a Crosswalk is Pedestrian Negligence- Longo v. Chicago Transit Authority" »

While most lawsuits are tried in the same state where they occurred, an Indiana construction accident was recently the subject of an Illinois personal injury lawsuit. The Indiana injury was tried in Illinois because one of the defendant's businesses was based out of Illinois. However, to make John Mazzorana v. Berglund Construction Co., et al., No. 06 L 12451, even more unique, although the case was tried in Illinois, the court applied Indiana law.

The personal injury lawsuit was brought by John Mazzorana, an Indiana resident who was working as a bricklayer for Hawk Construction at construction site in Chesterton, Indiana. The 2006 Indiana construction accident occurred after Mazzorana fell 30 feet after stepping on a plank. The Indiana resident ruptured his Achilles tendon and fractured both his heel and a vertebrae.

Berglund Construction Co. was the general contractor for the Indiana construction job and as such was one of the main defendants in the construction accident lawsuit. Bergland Construction was based out of Illinois and so moved to remove the Indiana lawsuit to Illinois courts, a move Mazzorana's attorneys agreed to. However, Berglund then settled its portion of the lawsuit with Mazzorana for $400,000 prior to the start of the Illinois trial. Therefore, the only remaining parties in the Illinois lawsuit were all based out of Indiana.

Continue reading " Bricklayer Who Fell at Construction Site Awarded $8.3 Million; Mazzorana v. Emil Perrotta Co." »

An Illinois jury awarded $1.7 million to the surviving family members of a man who was hit by a semi-tractor trailer; Estate of Edward Kolodzik v. Cesar Castillo, VBD Transport, Inc., MLP Transport, Inc., No. 04 L 3715. While the decedent, Edward Kolodzik, survived the crash, he died five years later, allegedly from complications arising from the Illinois trucking accident.

The Illinois trucking accident occurred on Illinois Interstate 39/90 near Rockford, Illinois. Kolodzik was driving his car when he was struck by a Mack semi-tractor trailer driven by Cesar Castillo. Kolodzik suffered from a traumatic brain injury and right shoulder and lower back musculoskeletal injuries. As a result of these injuries, the 49 year-old Kolodzik became disabled and dependent on pain medication to relieve his severe shoulder and lower back pain.

A personal injury lawsuit was brought against the truck driver and his employers for their liability in Kolodzik's injuries and resulting medical condition. When Kolodzik died five years after the truck accident, his wife and five minor children further alleged that his death was a result of his poor health and medical condition following the highway accident.

Continue reading "$1.7 Million Jury Verdict Awarded to Driver for Injury Suffered After Rear-End by 18-Wheeler Truck - Kolodzik v. Castillo" »

A Missouri judge declared a mistrial in a class action lawsuit against tobacco manufacturer Philip Morris USA because the jurors had still not come to a decision after five days of deliberation. The Missouri lawsuit was first filed in 2000 and included claims that the cigarette company had misled smokers through its claims that "light" cigarettes were safer than regular cigarettes.

While other tobacco companies have employed similarly misleading language by advertising "light" or "low tar" cigarettes, the St. Louis personal injury lawsuit specifically focuses on Philip Morris. It alleges that Philip Morris was in violation of the Missouri Merchandising Practices Act due to its false claims that its Marlboro Lights contained less tar and nicotine than its Marlboro Reds.

Since being filed in 2000, the Missouri lawsuit had undergone eleven years and several twists and turns, including an appeal and several trips to the federal court. And while St. Louis Circuit Judge Michael David put an end to the current litigation cycle, the case can still be retried. And according to the plaintiffs' attorney, there are already plans in the works to begin retrying the class action lawsuit.

Continue reading "Judge Declares Mistrial in $700 Million Tobacco Lawsuit" »

The November 2011 issue of the Illinois Bar Journal contains an article entitled “Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders.” The law article was written by Kreisman Law Office principal Robert D. Kreisman. Kreisman has been representing Illinois plaintiffs in personal injury and medical malpractice lawsuits for over 35 years in the Chicago and Cook County areas.

The Illinois Bar Journal article analyzes a recent Illinois Supreme Court decision in Wendling v. Southern Illinois Hospital Services, 242 Ill.2d 261, 950 N.E.2d 646 (2011). The Wendling case was significant in that the court's decision removed any doubt as to whether or not the common fund doctrine applies to a healthcare services lien; the Supreme Court determined that the common fund doctrine does not apply.

In litigation, the general rule is that each party is responsible for paying his or her own attorney fees and costs. However, the common fund doctrine is an exception to that general rule. Under the common fund doctrine is applied when a common fund is created through the efforts of the litigant's attorney, which in turn ends up benefiting a third party. When this occurs, the attorney who created the common fund can recover reasonable fees and costs from the third party, even though he/she is not technically the attorney's client.

Continue reading "Illinois Bar Journal Publishes Tort Law Article Written by Robert D. Kreisman" »

A Cook County jury entered a $600,000 verdict in the auto accident lawsuit of Joseph Barbin v. United Parcel Service Inc. and Jorge D. Hernandez, No. 07 L 12572. While it is not unusual for a court to rule in favor of the plaintiff in a rear-end accident, what is unique about Barbin is that the accident was caused as a result of the defendant driver's failure to obey emergency vehicle traffic laws.

The plaintiff had been hit by the defendant driver while waiting at an intersection for an ambulance to pass. Joseph Barbin was approaching the intersection of North Ave. and First Ave. in Melrose Park when he noted an ambulance approaching with its siren and lights activated. Barbin joined a line of two other vehicles in waiting for the ambulance to pass. However, it was while Barbin was waiting for the ambulance to pass that he was rear-ended by Jorge Hernandez.

Hernandez was driving a UPS package car at the time of the rear-end accident. The impact of Hernandez's truck with Barbin's vehicle caused not only severe whiplash, but also resulted in a herniated disc in Barbin's cervical spine. Barbin underwent a fusion and discectomy surgery at the C4-5 level, but will need future surgery above and below the C4-5 spine in order to repair his cervical spine.

Continue reading "$600,000 Verdict for Plaintiff Hit by UPS Driver While Stopped in Traffic for Ambulance - Barbin v. United Parcel Service" »

While many people suffer from food allergies, the severity of those allergies varies. For example, some people might break out in a rash that is then easily treated with Benadryl, while others may suffer from more serious, life-threatening reactions. Yet whether your food allergy is mild or severe, it is important to make your waiter aware of your allergy when dining out. However, mistakes have been known to happen and an ingredient which you are allergic to might inadvertently end up in your order.

This sort of mix-up was the subject of the Chicago personal injury case of Eva Holmes White v. Chai H. Leung, d/b/a Choice China Wok, Leung Choice China Wok 10L-2254. In 2004, Eva White ordered the lunch special at Choice China Wok, a Chinese restaurant located at 10341 S. Halsted St. Because Ms. White is allergic to shrimp, she asked that the shrimp egg foo young, the shrimp fried rice, and the shrimp egg roll that were included in the special be substituted with chicken.

After receiving her order, White returned to her car to eat her food. Before eating her egg roll, White reported that she broke it in half and checked that there was not any shrimp in her egg roll. After determining that there was not, she proceeded to take a bite. However, immediately after that she noticed that there was in fact shrimp in her egg roll.

Continue reading "Jury Finds Chicago Chinese Restaurant Not Liable for Allergic Reaction to Egg Roll - White v. Leung" »

A recent Appellate Court decision clarified the degree to which Illinois homeowners owe a duty to guests on their property. The court upheld a Cook County verdict that found the defendant homeowner liable for the injuries the plaintiff sustained after falling down a stairwell at the defendant's home. Donald Van Gelderen et al. v. David Hokin, No. 1-09-3152.

The plaintiff, Donald Van Gelderen, had been installing window coverings at defendant David Hokin's Glencoe home. After finishing the window installation, Van Gelderen went to exit the residence by way of a side stairwell, the same stairwell he had used upon entering the home. However, the second time did not pass without incident. As he opened the door to exit, Hokin fell down the basement stairs located to the right of the door.

Van Gelderen filed a premise liability lawsuit against Hokin, in which he alleged that the layout of the stairwell and the side door was unreasonably dangerous and it was this dangerous condition which was the cause of Hokin's fall. The exterior door handle was located on the left side of the door, which then swung inward to the right. As he exited, Van Gelderen grabbed the door handle with his right hand and then stepped backwards to avoid the door's path as it opened. However, as he did so, Van Gelderen stepped towards the basement stairwell, which was located to the right off of the outside entrance, and fell down the flight of stairs.

Continue reading "Illinois Appellate Court Affirms Jury's $3 Million Damages Award for Stairwell Fall; Van Gelderen v. Hokin" »

The Winnebago County personal injury lawsuit of Candice Martlett and Jonathan Martlett, a minor v. Jennifer Fuller, 09 L 68, is yet another example of a defendant driver admitting liability for a car accident, but denying the extent of the plaintiff's injuries. However, despite the defendant driver's denial of the plaintiff's injuries, the Illinois jury returned a $98,000 verdict in favor of the plaintiffs.

The car accident took place in a Winnebago County intersection. Twenty-seven year-old Candice Martlett was driving with her young son, Jonathan. Martlett had stopped at a red light, but then proceeded to drive northbound through the intersection when the light turned green. As Marlett entered the intersection, eighteen year-old Jennifer Fuller was driving westbound through the same intersection.

Fuller hit Marlett's vehicle, causing the intersection car accident. Following the car crash, Candice Marlett suffered from knee and back pain; her son was fortunate enough to only suffer from some bruises. Marlett's knee pain continued for some time following the accident and was eventually diagnosed as a knee contusion with scarring under the fat pad of her patella, or knee cap. Marlett underwent cortisone injections and physical therapy, but eventually required arthroscopic surgery to repair her knee injury. In addition to the medical bills Marlett accrued following the car accident, she was also forced to miss a year of work as a certified nurse's assistant.

Continue reading "$98,000 Verdict for Injured Mother After Teen Runs Red Light - Martlett v. Fuller" »

A Chicago jury entered a $3 million jury verdict against a forklift manufacturer in an Illinois product liability lawsuit. The Chicago lawsuit arose out of a work injury involving 35 year-old Keith Price and a forklift designed and manufactured by Nacco Materials Handling Group, Inc. As a result of the Chicago work injury, Price was left with an amputated right leg and was unable to work for over five years. Keith Price v. Nacco Materials Handling Group, Inc., Voss Equipment, Inc., 06 L 12915.

The work injury occurred in February 2005 at a Chicago plant of ICI Uniqema, where Price was employed as a forklift operator. On the date of the work injury, Price was using a forklift to load a bag of spent nickel into a nearby hopper. However, as Price attempted to the bag into the hopper, it became caught on another bag. Price then needed to use a chain to readjust the position of the spent nickel bag. These chains were still attached when Price lifted the forks above the bag, at which point the forklift tipped over onto its side.

While Price was wearing a seatbelt at the time of the forklift accident, the seat itself was not properly attached to the forklift. As a result, the seat Price was sitting on rolled forward as the forklift moved. Price's legs did not remain inside the vehicle and were crushed underneath the forklift. The weight of the large machine caused severe crushing injuries to his right leg, necessitating a below the knee amputation. In addition, Price sustained facial fractures to his jaw and lost four of his teeth.

Continue reading "$3 Million Verdict for Leg Amputation in Forklift Mishap - Price v. Nacco Materials Handling Group, Inc." »

Most car accidents are fender-benders, i.e., they result in some property damage to the vehicle and fairly mild injuries to passengers. This is because many accidents take place at slower speeds, e.g., when a vehicle is slowing down, or speeding up from a stop. However, the faster a car is going, the greater the risk for injury. This is why highway accidents are often much more tragic than intersection accidents.

Yet drivers to not need to be traveling in excess of 55 mph in order to do severe damage. In the Illinois personal injury case of Christopher Clark v. Creed D. Tucker, 07 L 96 (Champaign County), a driver rear-ended another car while driving 40 mph. The force of the impact caused the the first car to propel not one, but two more cars forward, making it not just a two-car accident, but a four-car accident.

The car at fault for the rear-end accident was being driven by 81 year-old Creed Tucker, a retired judge from the Champaign County district. The first driver he hit was 16 year-old Christopher Clark, whose car was completely totaled as a result of the multiple car accident. The force of the impact pushed Clark's car forward into the next car, which then pushed into the car in front of that. Clark filed a personal injury lawsuit against the former judge in an effort to recover damages for the injuries Clark sustained following the car crash.

Continue reading "Retired Judge Admits Negligence - $91,000 Jury Verdict in 4-Car Chain Reaction Crash; Clark v. Tucker" »

A recent Illinois personal injury lawsuit evaluated the degree of duty a railroad owes to protect trespassers from becoming injured on its property. Dominic Choate v. Indiana Harbor Belt RR Co., et al., No. 1-10-0209 (June 2011), was filed after a 12 year-old boy required a leg amputation after falling from a moving freight train. A Cook County jury found the railroad negligence and awarded the boy $6.5 million for his injuries; an Illinois appellate court then affirmed the verdict after reviewing the case facts.

In July 2003, Dominic Choate was heading home from a friend's house when he decided to take a shortcut that required him to cross some train tracks. As he approached the train tracks, a freight train was driving by at about 9 to 10 mph. Choate decided to climb a ladder on the side of one of the passing freight cars, but fell from the moving train. The train then ran over his left foot, causing a below the knee amputation as a result of the train accident.

Choate filed a lawsuit against Indiana Harbor Belt RR Co. (IHB), the railroad company that owned the right-of-way where Choate had attempted to board the train. The complaint alleged that IHB was aware that children were regularly crossing the train tracks at that location and failed to take steps to defer children from trespassing and crossing at that location. The plaintiff was critical of the railroad's failure to warn children of the tracks' danger and that it did not fence in its property or otherwise prevent children from trespassing.

The defense responded by stating that it did not have a duty to prevent Choate from trespassing and that he was old enough to be aware of the dangers of train tracks. While the jury did find Choate partly responsible for his own injury, it still found that 60% of the fault lay with IHB. It entered a $6.5 million verdict against the railroad company, which was then reduced to $3.9 million after allowing for Choate's contributory negligence.

Continue reading "Illinois Appellate Court Affirms Railroad Owed Duty to Child Injured Climbing onto Train - Choate v. Indiana Harbor Belt R. Co." »

In law, if you don't agree with a lower court's ruling, you have the option of appealing your case to a higher court. However, just because you file an appeal does not mean you will be happy with the outcome. In the product liability lawsuit of David Show, et al. v. Ford Motor Co., Nos. 10-2428 and 10-2637, the trial court had entered a summary judgment that effectively dismissed the plaintiffs' claim. The plaintiffs appealed that decision to the U.S. Court of Appeals, which in turn declined to review the product liability lawsuit.

The lawsuit sprung from an Illinois rollover accident in which the two plaintiffs, David Show and Maria Federici, were injured. At the time of the auto accident, the two plaintiffs were riding in a 1993 Ford Explorer, which rolled over after being struck by another vehicle. The plaintiffs both suffered personal injuries as a result of the rollover accident and subsequently brought an Illinois product liability lawsuit against Ford Motor Company for its supposed negligence in designing its Ford Explorer.

The basis of the plaintiffs' claim was that Ford had chosen to defectively design and produce their Explorer, making it an unsafe vehicle for consumers. In order to show that the SUV was unsafe, the plaintiffs offered up the fact that it had rolled over in their accident and was therefore unsafe. They testified that as consumers they would have expected the car to not rollover in an accident.

Continue reading "Federal Court of Appeals Rules That Expert Needed in SUV Rollover Case - Show v. Ford Motor Co." »

People get into routines when they drive. For example, some drivers go into autopilot as they commute to and from work, following the same route and never diverging from it. Other drivers go with the flow of traffic and might not be aware of the speed they're driving at. However, regardless of the routine you get into, most drivers are always aware of the color a light is as they approach an intersection. Yet in the case of Charles Comer v. United Quick Transportation, Inc. and Martrell Parker, 09 L 12120, both drivers involved in an intersection accident claimed to have the green light.

The accident occurred in June 2008, at the intersection of Kostner Ave. and 16th Street in Chicago between two buses. Charles Comer was driving a CTA bus along 16th Street, while Martrell Parker was driving a school bus along Kostner Ave. Both bus drivers entered the intersection, both drivers claimed to have green lights, and both drivers claimed to have been hit by the other bus driver.

While Parker's injuries were relatively minor, Comer suffered from knee, neck, and back injuries. The damage to his right knee was so severe that he required surgery in order to correct his medical problems. In addition, Comer's medical condition caused him to miss one year of work as a CTA bus driver. As a result, Comer filed a personal injury lawsuit against Parker and his school bus company employer in an attempt to recover for the damages he sustained in the Chicago bus accident.

Continue reading "$175,000 Jury Verdict for CTA Bus Driver After Intersection Crash with School Bus - Comer v. United Quick Transportation, Inc." »

An Illinois Supreme Court ruling in a product liability lawsuit confirms that manufacturers are not required to guard against every risk to the consumer. The verdict in Dora Mae Jablonski v. Ford Motor Company, No. 110096, reversed a $43 million judgment in a 5-0 vote.

Jablonski was filed as a result of a rear-end car accident involving Dora Mae and John Jablonski. The couple was traveling in their 1993 Lincoln Town Car when they were struck by a Chevrolet Lumina that was traveling at 60 mph. The impact of the collision was such that it propelled a pipe wrench laying in the truck of the Jablonski's vehicle through the trunk walls and into the nearby fuel tank. The punctured fuel tank caused the car to catch fire, leaving John Jablonski dead and Dora Mae severely burned.

Dora Mae and her son brought a product liability lawsuit against Ford Motor Company, alleging that it had negligently designed a defective and dangerous fuel tank system in its Lincoln Town Car. According to the plaintiffs' theory of liability, the design of the Town Car's rear fuel tank system left it susceptible to puncture or being damaged during a rear-end collision.

Continue reading "Illinois Supreme Court Rules No Negligent Auto Design, Reversing $43 Million Verdict in Jablonski v. Ford Motor" »

While a Cook County jury awarded almost $3 million to a bicyclist hit by a dump truck, the verdict was reduced by 50% for what the jury found to be the bicyclist's responsibility in her own accident. This bicycle-auto accident verdict suggests that even though bicyclists are more vulnerable than cars or trucks, they, too, must share the responsibility for maintaining a safe roadway environment. Lucyna Kubisztal Smith and Danny Smith v. Suburban General Construction, Inc. and William S. Chase, 07 L 6481.

The bicycle-truck accident occurred in June 2007 at the intersection of 86th Avenue and 111th Street in Palos Hills. The 49 year-old Lucyna Smith had been riding her bicycle on the sidewalk along the 111th Street, but then entered the crosswalk in order to cross 86th Avenue. At the same time, the 29 year-old William Chase was driving a dump truck along 86th Avenue. Chase failed to see Smith and ended up not only running her and her bicycle over, but then continued to drag her under the dump truck for an estimated 30 to 50 feet.

Smith sustained multiple fractures, including those to her pelvis, sacrum, lumber spine, and cervical spine. The damage to her cervical spine aggravated her pre-existing cervical arthritis and required a spinal decompression and fusion surgery across five different levels. Smith's doctors predict that she will also require a hip replacement in the near future as a result of the intersection accident. In addition, she was diagnosed with post traumatic stress disorder and subsequent depression. Smith brought a personal injury lawsuit against Chase for her injuries and lost time from her job as a housekeeper. In addition, her husband brought a separate loss of consortium claim for the loss of service and companionship of his wife.

Continue reading "Bicyclist Found Partly Responsible for Intersection Accident - Still Awarded $1.5 Million in Smith v. Suburban General Construction" »

The phrase "shop til you drop" took on new meaning for Mary Corbett as she was shopping at a Menards in Crestwood, Illinois. The 53 year-old was shopping when a large box fell on her back, forcing her to the ground. Corbett filed an Illinois personal injury lawsuit against the hardware store for back and shoulder injuries she sustained as a result of her shopping accident, Mary Corbett v. Menard Inc., 07 L 65006.

The 2005 Menards accident occurred through no fault of Corbett's. Rather the accident was caused by a Menards employee who had placed an eight-foot long box of molding upright against a moving display. The box then fell into the nearby aisle as Corbett was walking by. The Menards employee not only helped Corbett to her feet, but also followed the proper procedure and completed an incident report documenting the general facts of Corbett's accident.

Corbett was able to walk out of the store on her own, without any assistance, but decided to visit her primary care physician when she still was experiencing pain the following day. She was referred to an orthopedic surgeon for complaints of neck pain, who diagnosed Corbett with a cervical strain. A diagnosis of cervical strain is common following auto accidents or fall injuries and is generally relieved with physical therapy or rest. However, Corbett's pain continued and she was eventually diagnosed with a herniated cervical disc, which required a cervical fusion surgery in order to repair it. Following her surgery, Corbett then began to undergo treatment for a shoulder injury she claimed was also caused by the falling box.

Continue reading "Store Accident Results in $346,000 Verdict for Plaintiff Shopper - Corbett v. Menard Inc." »

It is relatively rare for a car accident lawsuit with no eyewitnesses to go all the way to trial if neither party admits liability, mainly because it runs the risk of turning into a he said, she said type of scenario. Yet the Illinois bike accident lawsuit of Eric M. Bettag v. Douglas J. Mackie, 09 L 8162, seems to be an exception to this rule - not only did the personal injury lawsuit go to trial, but the jury entered a $269,000 verdict in favor of the injured plaintiff.

The case revolved around a 2007 accident that occurred at the Oak Park intersection of Lake Street and Euclid Avenue. Eric Bettag was riding his bicycle northbound on Euclid Avenue when he was struck by Douglas Mackie's SUV. Mackie was driving westbound on Lake Street at the time. Both Bettag and Mackie claimed that they had a green light and that the other party had run a red light. However, considering that the parties were driving at perpendicular paths, it would be impossible for both to have had a green light.

Again, typically if both parties claim the right of way, the dispute is settled by an unbiased eyewitness. However, there were no eyewitnesses to the early morning bike accident and therefore no one to collaborate either Bettag's or Mackie's statements. While there was limited testimony regarding the circumstances of the accident itself, here was much to say about the extent of Bettag's injuries following the Cook County bicycle accident.

Continue reading "Jury Awards Bicyclist $269,000 Verdict in Intersection Crash Despite Lack of Eyewitnesses - Bettag v. Mackie" »

When people think of work injury lawsuits, typically they think of accidents occurring as a result of working with dangerous machinery, or difficult work conditions. However, many work place accidents arise out of fairly mundane circumstances. Take for instance the case of Christina Viernun v. Universal Maintenance LLC; 07L-12068. The plaintiff, Christina Viernun, injured herself at work after falling on a wet floor and sued a carpet cleaner company to recovery damages arising out of the work place injury.

Viernun works at Aunt Martha’s Youth Service Center and Health Center, an Illinois medical facility that offers health and social services to family members of all ages. In June 2007, Viernun was walking across a wet carpet onto a tile floor when she slipped and fell on the dry tile floor. The thirty-four year old Viernun sustained a fractured kneecap as a result of the surgery and had to undergo a long and complicated recovery process.

Viernun attributed her fall to the fact that her shoes became wet after walking across the wet carpet, which then caused her to slip and fall on the dry tile floor. She filed an Illinois personal injury lawsuit against Universal Maintenance, the company she alleged had cleaned Aunt Martha's carpets on the date of her fall. In the complaint, Viernun cited Universal Maintenance's negligence for failing to place fans to dry the carpets, or lay down butcher paper to absorb the carpet's water. If it had done so, Viernun contended that her fall might have been prevented because the carpet would not have been as wet.

Continue reading "Hospital Employee's Fall Results in $355,958 Verdict - Viernun v. Universal Maintenance LLC" »

As the temperatures begin to cool in Chicago, every Illinoisan is aware that winter is just a few short months away. And with midwest winters come more dangerous driving conditions, e.g., icy roads, slick snow, and dangerously low temperatures. The Illinois personal injury lawsuit of Ponto v. Levan arose out of just such dangerous road conditions - the defendant driver hit the plaintiff after sliding on an ice patch. What is interesting about the Ponto lawsuit though is that it gave rise to Levan v. City of Dixon, a third party lawsuit in which the defendant driver blamed not the winter weather for the ice patch, but the City of Dixon itself.

In February 2008, Denise Ponto was driving along Route 2 in Dixon, Illinois when Dale Levan's vehicle crossed the lane of traffic and crashed into Ponto's vehicle. As a result, Ms. Ponto sustained a comminuted knee fracture and needed to be airlifted to Rockford's St. Anthony Hospital for treatment. A comminuted fracture occurs when a bone is broken in several places, which then requires an open reduction internal fixation surgery with the insertion of screws and plates to help fix the broken bones in place. Ms. Ponto's treatment was further complicated by her development of deep vein thrombosis, i.e. blood clots, and cellulitis, a skin infection caused by bacteria. As a result of the lengthy treatment, Ponto missed five months from her job as a bartender.

Ponto filed a personal injury lawsuit against Levan in which she claimed damages for the injuries she sustained after his truck skidded into her lane of traffic. And while Levan admitted he was drunk at the time and was at fault for the car accident, he felt the City of Dixon was also at fault. Levan contended that the ice which his car skidded on was the result of a broken City water main. The defendant then filed a third party claim against the City of Dixon for its part in causing the auto accident and Ms. Ponto's injuries.

Continue reading "Third-Party Defendant Held Responsible for Ice Patch That Caused Car Accident - Ponto v. Levan" »

A Cook County jury awarded $110,000 in a Chicago car accident lawsuit where the elderly plaintiff required surgery after the accident aggravated her preexisting back problems in Janice Thomson v. Kenneth W. Mueller, 08 L 11010. Despite medical records that clearly showed that Ms. Thomson had a prior history of arthritis and back pain, the plaintiff was able to secure payment for her subsequent medical treatments. The reason for this being that in Illinois, as well as many other states, juries cannot deny or limit a party's right to damages simply based on the existence of a preexisting medical condition.

The 64 year-old plaintiff Janice Thomson had been suffering from chronic back pain for almost ten years when she was involved in a Chicago car accident. At the time of the 2006 auto accident, Thomson was the passenger in a vehicle that was rear-ended by the defendant, Kenneth Mueller. Thomson's vehicle had been stopped prior to the impact. Following the rear-end accident, Thomson's back pain worsened and she eventually required surgery to relieve her symptoms.

Thomson filed a lawsuit against Mueller, which alleged that her increased back pain and subsequent surgery were caused by the 2006 rear-end collision. As is the case in most rear-end accidents, the defendant driver accepted responsibility for the auto accident itself. However, Mueller did contest the nature of Ms. Thomson's injuries and contended that her surgery was not caused by the "minor" accident.

Continue reading "Chicago Rear-End Accident Receives $110,000 Jury Award Despite Preexisting Medical Condition - Thomson v. Mueller" »

Common sense tells us that it is much easier to avoid hitting a stopped car than a moving vehicle. For this reason, when reviewing car accident lawsuits, juries tend to find in favor of the non-moving party more often than for the moving driver. Such was the case in the Chicago personal injury lawsuit of Tracey Walker and Stacey Walker, a minor v. Raul Andrade, et al., 09 L 14073.

Tracy Walker had been driving her vehicle in Chicago's West Garfield Park neighborhood when she was forced to stop her vehicle because a flatbed truck owned by J&L Towing was blocking the roadway. The defendant truck driver, Raul Andrade, had stopped the truck in order to unload the vehicle from the flatbed. However, rather than unloading it himself, Andrade allowed the vehicle's owner, Jason Ward to drive the Chevy Caprice down off the flatbed's ramp. As Ward was driving the Caprice off the truck he ran into the front of Walker's vehicle.

Tracy Walker sustained soft tissue injuries to her back and to her right shoulder and arm. In addition, her twelve year-old passenger, Stacey Walker, sustained soft tissue injuries to her right arm. Both Tracy and Stacey Walker filed a personal injury lawsuit against J&L Towing, Andrade, and Ward for their negligence in unloading the flatbed truck. The defense repeatedly denied its liability and contended at the Cook County trial that the plaintiff had been contributorily negligent.

Continue reading "Chicago Judge Enters Directed Verdict Against Defendant Truck Driver in Car Accident Case - Walker, et al. v. Andrade, et al." »

As a personal injury attorney, you begin to see patterns in the types of injuries sustained as a result of certain accidents. For example, slip and fall injuries generally result in back, wrist, or ankle injuries. Likewise, rear-end collisions typically cause lower back and spinal injuries, as seen in the Chicago personal injury lawsuit of Joe C v. Chicago Transit Authority, et al., 1343.

The plaintiff, Joe C, was stopped at a red light in a Chicago intersection when he was rear-ended by a city bus. Like many victims of rear-end collisions, C sustained injuries to his lower back. However, because C was hit not just by another car, but by a bus, his injuries were perhaps a little more severe than most. Not only did he suffer from an herniated disc at his L5-S1 vertebrae, but also sustained a left rotator cuff tear.

Again, C's subsequent medical treatment mirrors that of most rear-end collision victims. He underwent physical therapy to try and improve the level of pain he experienced as a result of his rotator cuff tear and herniated disc. In addition, C's underwent epidural injections at the recommendation of his medical providers in an effort to relieve his continued pain.

Continue reading "Chicago Rear-End Collision Results in $222,000 Verdict - C v. Chicago Transit Authority" »

Biking in Chicago is a great way to get around town, avoid rush hour traffic jams, and get some exercise while reducing emissions. However, Chicago bikers are also at risk from the heavy traffic and congested roads. There has been a push by Chicago's new mayor to create safer bike lanes and improve the quality of biking in Chicago. The personal injury lawsuit of Cameron Esposito v. Maria Sims, 07 L 13136, demonstrates why these measures are important.

In 2007, 26 year-old Cameron Esposito was riding her bike down Chicago's busy Milwaukee Avenue. At the time, she was biking in one of Chicago's designated bicycle lanes, a painted area that generally runs between the roadway traffic and parked cars on the street. As she was nearing the intersection of Milwaukee and Halsted, Maria Sims was driving her car out of a car wash and pulled out in front of Esposito.

Esposito was unable to swerve out of the way and ran right into Sims's vehicle. As a result of the Chicago bike accident, Esposito suffered contusions on her right and left knees and hit her chin on Sims's windshield. In addition, Esposito later reported experiencing sciatic nerve pain radiating from her back down her legs. The long-term effects of the Chicago bike accident ended up being the largest factor in the jury's verdict, making up $62,767 of the total $100,000 award. The remainder of the award was comprised of $20,000 for past pain and suffering, $16,358 for past medical expenses, $500 for property damage to the bicycle, and $375 for lost time from work.

Continue reading "Bicyclist Struck in Designated Bike Lane - Esposito v. Sims Reinforces Need for Improved Bike Safety in Chicago" »

A Central Illinois product liability lawsuit springing from a construction site injury returned the highest verdict in Tazewell County history. The Illinois jury awarded $13.5 million to the twenty-some year-old plaintiff who suffered a traumatic leg amputation; Justin Stone v. MiTek Industries and Central Illinois Truss, Inc., 10th Judicial Circuit, Tazewell County, Illinois (2011).

At the time of his work injury, 19 year-old Dustin Stone was working on a machine building roof trusses, or roof rafters, which are the triangle supports used to build roofs in homes. The roof truss machine consisted of several different work tables spread out over the length of the 100 ft. long machine. Stone was adding support to the wood trusses by hammering metal plates into the various truss joints.

Stone was standing between two opposite-facing machine tables when another truss operator drove a crane gantry toward the area where Stone was working. Protocol requires the gantry operator to first make sure the aisles are clear of workers; however, this was obviously not done on the date of Stone's construction site injury. The gantry pinned Stone against a metal rail, crushing his left femur so severely that he required an above the knee amputation of his left leg.

Continue reading "Illinois Construction Worker Receives $13.5 Million Verdict for Machine's Design Defect - Stone v. MiTek Industries" »

An Illinois plaintiff's request for a new trial was recently affirmed by the Illinois Appellate Court. The appellate court held that a new trial was necessary because the defense attorney had made too many statements in closing argument thought to be prejudicial to the jury. The court ruled that the defendant's lawyer's argument crossed the line of fairness and affirmed the grant of a new trial in Michael Lynn v. James L. Miller, No. 1-10-2799.

The original Cook County trial involved the personal injury case filed by the plaintiff Michael Lynn. In 2006, Lynn had been standing at the Chicago intersection of Wentworth Avenue and 33rd Street when he was hit by a car driven by defendant James Miller. In his complaint, Lynn alleged that Miller was driving at unreasonable speeds and had failed to keep a proper lookout, warn Lynn that he was approaching, or keep his car under control.

However, Miller denied that he was negligent or in any way responsible for the Chicago pedestrian accident. Instead, Miller pointed to a bicyclist as the sole proximate cause for the accident. As Miller was approaching the intersection where Lynn was standing, Ional Pusca was riding his bicycle through the intersection. Miller had to swerve to avoid hitting Pusca, which in turn caused Miller to hit Lynn. Given these circumstances Miller contended that it was Pusca and not himself who was responsible for the collision with Lynn.

Continue reading "Chicago Pedestrian Granted New Jury Trial After Defendant Attorney Disregards Motion Barring Evidence Relating to A Third-Party" »

The City of Chicago is responsible for inspecting Chicago buildings and residences and making sure they are up to code. However, if a building owner is cited for code violations, there is only so much the City can do to persuade the building owner to maintain a safe environment. At some point, it becomes the building owner's responsibility to safely maintain the property for tenants and visitors.

The Chicago personal injury lawsuit of James Doyle, Administrator of the Estate of Michael Doyle, deceased, v. Kendard Management Corporation, 07 L 1988, is an extreme example of what happens if a building owner elects not to follow the City of Chicago's recommendations. The lawsuit was filed after 25 year-old Michael Doyle fell through the railings of a third-story porch. The case alleged that the building's management company knew that the porch was unsafe, but failed to notify its residents or take timely actions to improve the safety of the building's porches.

Doyle had been attending a friend's New Year's Eye party at 3180 N. Clark St. in Chicago's Lakeview neighborhood. According to eyewitness testimony, Doyle had been sitting in a chair with his back to the porch's rails and was either attempting to stand or move his chair at the time of the porch accident. However, the legs of his chair became stuck in the porch floor's slats, causing Doyle to slip and fall head first through the large gap in the porch's railings. Doyle was immediately transported to Advocate Illinois Masonic Medical Center, but was pronounced dead on New Year's Day.

Continue reading "$2.7 Million Chicago Porch Death Settlement Puts Building Owners on Notice - Doyle v. Kendard Management Corp." »

There is the old adage that practice makes perfect, a concept that is easily applied to driving ability. In general, the longer a driver has been driving, the better he or she is at it. This is why teenage drivers are required to log practice hours before being eligible for their license and also why insurance rates are so high for young drivers. With more driving experience comes better judgment and skills.

The Illinois personal injury lawsuit of Lewandowski v. Butler, 08 L 5450, illustrates the idea that newer drivers lack some of the knowledge and skill that comes with more experience. The defendant driver was 17 years-old at the time of the relevant car accident. The auto accident took place at the intersection of Jackson St. and River Road in East Dundee, where the teenage driver hit the plaintiff's vehicle.

The teenage defendant was attempting to cross River Road and stopped at the stop sign as appropriate. He then continued through a line of stopped vehicles in the southbound lanes, at which point his view of the northbound traffic was obstructed by a large semi-truck. As the plaintiff was driving northbound on River Road, the defendant pulled out into her lane of traffic, resulting in the two-vehicle crash. As a result of the intersection accident, the plaintiff driver sustained severe back injuries, including exacerbation of her pre-existing herniated cervical disc injuries.

Continue reading "Teenage Driver Causes Intersection Accident - $177,624 Awarded in Lewandowski v. Butler" »

In Illinois and Chicago, there are laws against talking on your cell phone while driving. The purpose of these laws is to eliminate a potential distraction to driving in an effort to increase driving safety and avoid preventable auto accidents. However, as is the case with any law, there are those who choose not to abide by the Illinois cell phone driving laws. The Illinois personal injury case Susan Budd v. Lynn Kelso, 06 L 11272, resulted from an auto accident where the defendant driver was talking on her cell phone.

In October 2004, Lynn Kelso was nearing the Willmette intersection of Ridge Road and Lake Avenue; she was talking on her cell phone at the time. Kelso proceded to drive her car into the busy intersection even though she didn't have the right of way. At the same time, plaintiff Susan Budd had a green light and as such had begun to drive through the intersection. As Kelso ran the a red light, Budd was forced to come to a sudden stop. While Budd's quick thinking prevented her from driving into Kelso's vehicle, it also caused the vehicle immediately behind Budd to rear-end Budd's vehicle. The rear-impact then forced Budd's vehicle forward, causing her to hit Kelso's car.

The 51 year-old Budd sustained lower back injuries as a result of the Cook County intersection accident. The rear-end impact aggravated plaintiff's pre-existing degenerative disc disease and resulted in a lumbar disc protrusion. Budd underwent extensive physical therapy and eventually elected to have steroid injections into her epidural region in an attempt to relieve the pain.

Continue reading "$170,754 Verdict Entered Against Cook County Driver Talking on Cell Phone - Budd v. Kelso" »

When we get into a train, plane, or cab, we expect that the person operating the vehicle will keep us safe, that it is their duty to us as passengers. Yet at what point do we actually become passengers? Is it when we begin to board the vehicle, or when we are inside and seated in the vehicle? The Chicago personal injury lawsuit of Daphne Franks v. Chicago Carriage Cab Corp., Chicago Elite Cab Corp., et al., 09 L 596, hinges on the question of when a person truly becomes a passenger.

The Cook County injury lawsuit involves 40 year-old Daphne Franks, who was talking to a cab driver in the early hours of the morning. At the time the cab was stopped about eight to ten feet from the curb and was partially blocking the flow of traffic. The plaintiff was leaning both her head and shoulders inside the front passenger window as she carried on a conversation with the cab driver.

Meanwhile, Stephen Nuter was driving down the street towards the stopped cab, which was blocking traffic. Nuter ended up rear-ending the cab while Franks was leaning inside the window. The impact from the car accident caused Franks to hit her head on the cab's window frame as she fell to the ground. Franks not only lost consciousness, but sustained several cuts to her face and a fractured bone. In order to repair the damage caused by the Chicago car accident, the bartender/waitress underwent two plastic surgeries.

Continue reading "Chicago Pedestrian Suffers Head Injury After Rear-End Car Crash - Receives $110,000 Verdict in Franks v. Chicago Carriage Cab Corp." »

Construction negligence lawsuits can be somewhat confusing insofar as there are typically several entities involved: the general contractor, the project manager, subcontractor, etc. Oftentimes when plaintiffs file a lawsuit following a construction site injury, there is a lot of finger pointing by the defense, so it is crucial that the plaintiff's attorneys have a clear understanding of who each party is and what their role was on the construction job.

In the construction negligence case of The Estate of John Maggi, etc. v. RAS Development, Inc., No. 1-09-1955, the defendant tried to get the $3.2 million verdict overturned by claiming that the plaintiff had sued the wrong entity. In Maggi, the plaintiff's attorney filed a lawsuit against the construction site's general contractor. In its initial complaint the plaintiff identified the general contractor as RAS Wolfram.

The Chicago construction negligence complaint alleged that as the general contractor, that RAS Wolfram was negligent for its failure to provide a safe workplace and inadequately supervising the work of its subcontractors. The decedent, John Maggi, died after falling three stories through an unprotected window. The fall was prompted after the bundle of bricks Maggi was carrying broke apart, causing him to lose his balance and fall through the open window.

Continue reading "$3.2 Million Verdict in Chicago Construction Death Trial Affirmed by Illinois Appellate Court in Maggi v. RAS Development, Inc." »

An Illinois jury entered the highest Cook County verdict award for an adult fracture injury, awarding $1.9 million in Todd D. Smart v. City of Chicago, No. 07 L 14089. The Cook County personal injury verdict was substantially higher than both the plaintiff's $500,000 demand to settle and the City of Chicago's $100,000 settlement offer. According to a representative from the City's law department, the City of Chicago plans to appeal the verdict in the First District Appellate Court.

The Illinois personal injury lawsuit arose out of a bicycle accident involving the 43 year-old plaintiff, Todd Smart. In 2007, Smart was riding his bicycle in Chicago's Lincoln Park neighborhood, near the intersection of Cortland St. and Marcy St., when he hit a road depression. At the time of the bike accident, the City of Chicago was performing road construction, leaving the road uneven at the time.

Smart was thrown forward over his handlebars as his bicycle came to a sudden stop. As a result of the bicycle accident, Smart suffered from a dislocated shoulder and sustained comminuted bone fractures. Prior to the bicycle accident, Smart led a fairly active lifestyle - not only was he the president of BeTuitive Publishing, but was also a former triathlon competitor.

Continue reading "Chicago Bike Injury Results in $1.9 Million Cook County Jury Verdict for Shoulder Fracture - Smart v. City of Chicago" »

It's summertime in Chicago and for many that means hot days, no school, and summer camp. Summer camps are a way for children to socialize with their peers, occupy their days, and give mom and dad an occasional break. But what happens when the people we entrust our children to do not protect our children? The Illinois wrongful death lawsuit of Estate of Barnabe Lucas, deceased minor v. Christian Youth Center Ministries, et al., 06 L 29, is a parent's worst nightmare.

In 2004, nine year-old Barnabe Lucas was enrolled in a Will County day camp. Like many summer camps, the Christian Youth Center Ministries day camp included several day trips with its campers, including a weekly trip to a nearby wading pond. The pond was owned and operated by Leisure Lake Membership Resort, who did not provide lifeguards, a fact which it alerted bathers to with a clearly posted sign.

Within 30 minutes of arriving at the pond, a fellow day camper discovered Lucas unconscious in 3.5 to 4 feet of water. The camp director immediately pulled Lucas out of the wading pond and began administering CPR; shortly thereafter Lucas was transported to nearby Provena St. Joseph Hospital. He remained unresponsive on a respirator for four days and was then transferred to University of Illinois Medical Center in Chicago for further care. However, just two days after his transfer Lucas died.

Continue reading "Special Needs Child Drowns at Day Camp - $1 Million Jury Verdict in The Estate of Barnabe Lucas, deceased minor v. Christian Youth Center Ministries, et al. " »

Legal venue is an important issue in many personal injury lawsuits, especially when the different states have different laws. In the product liability lawsuit of Joseph Murphy v. Mancari’s Chrysler Plymouth, Inc., No. 1-10-2178 (March 31, 2011), the Illinois Appellate Court sought to answer the question of whether Michigan law or Illinois law governed the case regarding issues of liability and damages.

The car accident at issue in Murphy occurred in Michigan. However, the plaintiff driver and the defendant car dealership where the plaintiff bought his car both were located in Illinois. The court then had to decide where the personal injury lawsuit should be heard - in Michigan, where the accident occurred, or in Illinois, where the plaintiff driver lived and worked.

Where the lawsuit was filed, or "choice-of-law," would be critical to the eventual outcome of Murphy because of the major differences in Michigan and Illinois law. When deciding product liability issues, Illinois law applies a strict liability rule, whereas Michigan law applies a pure negligence standard. This means that Illinois defendants cannot effectively argue that they were unaware of the risk of the design defect, whereas this could be a successful defense in Michigan where the standard of care is set by similar manufacturers. In addition, Michigan imposes a $500,000 cap on non-economic damages in any product liability lawsuits, whereas Illinois has no such cap on damages.

Continue reading "Appellate Court Holds Illinois Law Applies to Michigan Car Crash - Murphy v. Mancari’s Chrysler Plymouth" »

A Macon County jury entered one of the highest verdicts in its county's history when it awarded $3.09 million to an Illinois worker who sustained a brain injury at work. The Illinois personal injury verdict was entered against Tate & Lyle Ingredients Americas, Inc. for its failure to maintain a safe work environment in William C. Jones v. Tate & Lyle Ingredients Americas, Inc., 07 L 152 (Macon County).

At the time of the workplace injury, William Jones was working as a contract employee for Tate & Lyle at its Decatur corn processing plant. Jones had been hired to perform general maintenance work and was performing his duties in the vicinity of an above ground storage tank when the tank unexpectedly broke apart. Its contents burst out towards Jones, knocking him down.

The storage tank contained 300,000 gallons of corn gluten that was heated to 115 degrees Fahrenheit, which caused burn injuries to parts of Jones's body. In addition, the force of the fall resulted in a closed head injury, which was eventually diagnosed as a brain injury. The plaintiff contended that this brain injury caused Jones to suffer not only from short-term memory loss, but also from a perceivable personality change.

Continue reading "Illinois Work Injury Lawsuit Results in Record Macon County Verdict - $3.09 Million Awarded in Jones v. Tate & Lyle Ingredients Americas, Inc. " »

For decades, summertime in Chicago has been synonymous with construction. But in recent years, summertime commuters are turning more and more to bicycles as their primary means of transportation. And while the use of this alternate means of travel is more environmentally friendly, it is also more dangerous for the commuters themselves. Take for example the Chicago bicycle injury lawsuit of Ashley Ferry v. Bryan Pendleton, Enterprise Leasing Company of Chicago, et al., 07 L 9024.

Ashley Ferry was a 23 year-old junior at Chicago's Columbia College when she was riding her bike in Chicago's Wicker Park neighborhood. Ferry was riding northbound on Milwaukee Avenue in one of Chicago's designated bike lanes when she was hit from behind by Bryan Pendleton. At the time of the Chicago bike accident, Pendleton was driving a car owned by his employer, Enterprise Leasing Company of Chicago.

Eyewitnesses testified at trial that Ferry had been thrown forward over her handlebars and then landed on her head about 20 feet away. She lost consciousness and needed to be revived by paramedics at the scene before being transported to Illinois Masonic Medical Center for medical treatment.

Continue reading "Chicago Bike Accident Results in $1.2 Million Verdict for College Student - Ferry v. Pendleton" »

On June 24, 2011, a Union Pacific train traveling from Chicago to California was involved in a railroad crossing accident in rural Nevada. A semitrailer truck ran the crossing and struck the moving train, injuring several passengers and killing the truck driver and a crew member. The National Transportation Safety Board (NTSB) is currently conducting an investigation of what caused the crash and how it might have been prevented.

One of the avenues the NTSB is pursuing is whether or not the truck driver's judgment was impaired by drugs or alcohol at the time of the train crossing accident. However, because the driver died as a result of the crash, the NTSB must examine autopsy records in order to make this determination. In addition, the NTSB is reviewing the truck driver's driving history in order to gain insight into what might have happened.

The NTSB is also investigating the extent that the railroad itself contributed to the train accident. The NTSB will make sure that its safety standards were followed and that both the crossing lights and gates were operating correctly at the time of the train accident. However, report released by the Nevada Highway Patrol, who is also investigating the crash, stated that the warning lights and railroad gates were working at the time of the train accident.

Continue reading "Amtrak Train Crash Under Investigation by NTSB" »

A recent Cook County personal injury lawsuit involving a railway worker who was injured at work exemplifies many of the typical components for worksite injury lawsuits. Not only were there several defendants involved whom the injured worker held responsible for his work injury, but the defendants alleged that the railroad worker was actually responsible for his own injury. It was up to the jury in James Barnicle v. Belt Railway Company of Chicago, 06 L 1325, to decide who was at fault for the railroad accident.

In order to determine who was at fault, the jury must first examine the case facts. At the time of the work accident, 48 year-old James Barnicle was working as a railroad switchman for The Belt Railway Company of Chicago. His duties involved switching railcars traveling in and out of the Exxon Mobil plant located off Cicero Avenue. However, as he was engaging a track switch, it unexpectedly jerked towards him, causing an injury to his lumbar spine.

Barnicle claimed that the specific track switch was defective and that Exxon Mobil had prior notice of this defect. Plaintiff's lawyers attempted to establish the prior notice by submitting evidence that other employees had reported that the switch was difficult to operate and in need of repair. The idea being that if the jury believed that Exxon knew that the track switch was defective, but did nothing to repair the switch, then Exxon would be responsible for the plaintiff's injuries.

Continue reading "Cook County Railroad Employee Awarded $1.26 Million for Defective Track Switch Injury - Barnicle v. Belt Railway Company of Chicago" »

Typically auto accidents occur between two vehicles engaged in the driving process. It is fairly unusual for a driver to hit a parked car or standing vehicle without some contributing factors. Yet that is what happened in the Chicago bus accident that resulted in the Illinois personal injury lawsuit of Jose Maldonado v. Leona Meade, 09 L 6610 (Cook County).

In 2007, Jose Maldonado, a CTA bus driver, was sitting in his disabled bus. The bus was facing northbound on Chicago's Sheridan Road, its flashers on. At the same time, the 89 year-old Leona Meade was driving her car northbound on Sheridan Road. Despite being on the opposite side of the street as the parked bus, Meade somehow managed to crash her car into the front of Maldonado's CTA bus.

As a result of the Chicago car-bus accident, Maldonado suffered a torn labrum in his right shoulder. The labrum is the area of cartilage around the shoulder socket that helps stabilize the shoulder joint. An injury in this area can require a lengthy recovery, during which time shoulder mobility is extremely limited.

Continue reading "Parked CTA Bus Hit By Elderly Driver - $395,858 Verdict for Injured Bus Driver In Maldonado v. Meade" »

Jeep Grand Cherokees might face a recall due to a product defect that causes the increased risk for fuel fires following rear-end collisions. The auto recall would affect 1993 to 2004 Grand Cherokee models; however, Chrysler denies the need for a Jeep recall and the National HIghway Traffic Safety Administration (NHTSA) has not yet instituted one. Yet there are at least different three crash tests showing that Grand Cherokees are more likely to catch on fire following rear end collisions that similar SUVs manufactured during the same time period.

The various crash tests were conducted by Karco Engineering and The Federal Outdoor Impact Laboratory; Karco has previously performed crash testing for the NHTSA. One test conducted on 1995, 1996, and 1999 Grand Cherokees resulted in significant gasoline leaks following rear-impact crashes. These gasoline leaks not only put the Jeep passengers at risk, but could also pose a fire threat to the occupants of the striking vehicle.

Likewise, another investigation of Grand Cherokeesfrom 1993-2004 was conducted because of over 254 deaths resulting from "172 fatal fire crashes" involving those Grand Cherokees models. The majority of these investigations are focusing on the Grand Cherokee because of similar results showing that the Grand Cherokee's fuel system is much more likely to pose a fire threat than those used in similar vehicles. For example, comparable Ford Explorer models were much less likely to catch fire following a rear-end collision; in crash tests, Ford Explorers' fuel system typically remained intact following these collisions.

Continue reading " Jeep Grand Cherokees Recall? Crash Tests Show Fire Risk Following Rear-End Collisions" »

Under Illinois workers' compensation laws, an employee cannot file a civil lawsuit against his or her employer for an injury that occurs within one's work duties. However, workers' compensation laws do not protect other entities from liability for injuries that occur in the workplace.

In Timothy McDonald and Judith McDonald v. Imperial Zinc Corp., et al., No. 09 L 1581, the plaintiff truck driver sued a manufacturing company after one of its employee's negligence caused plaintiff's work place injury. At the time of the personal injury, Timothy McDonald was loading his truck with goods from Imperial Zinc Corporation.

McDonald was standing on the loading dock when a forklift operator employed by Imperial Zinc Corp. backed over McDonald's right foot. As a result of the work place injury, McDonald sustained a fractured foot, skin was torn off of his right foot, and a tendon in his left knee was ruptured. Despite extensive medical treatment, McDonald was unable to return to his prior job as a truck driver after this work place injury.

Continue reading "Chicago Forklift Operator Fails to Meet OSHA Standards - Truck Driver Receives $3.6 Million Settlement in McDonald v. Imperial Zinc Corp." »

As Chicago nears summer construction season, it becomes increasingly important for Chicago construction employees to practice good workplace safety. Unlike an office job, working construction provides numerous opportunities for accidents to occur. The Illinois personal injury lawsuit of James Zdanwic v. Gatwood Crane Service, Inc., 07 L 9570, is one such example.

In 2006, the plaintiff, James Zdanwic, was working as a tower technician for MDM construction. At the time of the Illinois construction site injury, Zdanwic was working on a job that involved retrofitting a cell tower in Medinah Illinois. The job required a crane, which was leased through Gatewood Crane Service, Inc.

While the Gatewood crane was being operated by a Gatewood Crane Service employee, Zdanwic was assisting the crane operator in the task of pulling out a 1,000 lb. jib. A jib crane is similar to a sailboat boom in that it swings from one side to the other. This 1,000 lbs. fell directly onto of the plaintiff, resulting in severe injuries. In fact, because of the severity of his injuries, Zdanwic has not been able to return to his position as a tower technician, although his employer was able to find him an alternative position as a construction project manager.

Continue reading "Cook County Construction Injury Results in $423,242 Jury Verdict for Crane Accident - Zdanwic v. Gatwood Crane Service" »

The Illinois Supreme Court denied the Chicago Housing Authority's motion to reverse a lower court's $16.5 million verdict to a tenant who'd lived in a Chicago apartment with lead-based paint for several years in Donald Howell v. Chicago Housing Authority, No. 112321.

The Chicago personal injury lawsuit was brought by Latanya Turks on behalf of her son, Donald Howell, and alleged that the Chicago Housing Authority (CHA) had used lead-based paint in the residence she rented. In addition, Turks alleged that as a result of living in an apartment with lead-based paint, her son suffered permanent mental and physical disabilities due to lead poisoning.

Ms. Turks was living in the apartment while she was pregnant with her son, Donald, and they remained in the same apartment for the next several years. During that time, the lead paint was peeling and cracking, making it even more dangerous. A few years after Donald was born he was diagnosed with lead poisoning based on elevated lead levels in his bloodstream.

Prior to the trial, the CHA admitted liability, acknowledging that the relevant apartment did in fact have lead-based paint and that Ms. Turks was unaware of its presence. Therefore, the jury was only required to decide whether there was a relationship between the lead-based paint and Howell's injuries, and if so, how much money does the CHA owe Howell.

Continue reading "Chicago Housing Authority's Request for Judgment NOV Denied By Illinois Supreme Court - $16.5 Million Verdict Stands in Howell v. Chicago Housing Authority" »

An Illinois Appellate Court was asked to evaluate whether a trial judge correctly adjusted a Cook County jury's verdict in a Federal Employers Liability Act (FELA) lawsuit. The jury had originally reduced the plaintiff's award by 40% for what it determined was his contributory negligence; however, the trial judge later ruled that contributory negligence did not apply because of the unique circumstances of the lawsuit. The appellate court agreed with the trial judge, backing up his decision to restore the original $500,000 verdict to the plaintiff in Harry Balough v. Northeast Illinois Regional Commuter Railroad Corporation, etc., No. 1-09-3053.

The original FELA lawsuit was brought after Balough, a locomotive driver, became injured in a Chicago rail yard. Balough was boarding an engine to prepare the trains for service when a trapdoor he was standing on gave way, hitting Balough on his head. Prior to stepping onto the trapdoor Balough testified that he had followed the railroad's rules regarding trapdoor use by first giving the door a horizontal tug prior to boarding. Balough further testified that when he did so the latched seemed firmly latched.

Yet, the trapdoor still failed, causing Balough to require stitches to his head. In addition, shortly after returning to work after the train accident, Balough began suffering from blurred vision and migraine headaches. He continues to experience both of these symptoms on a regular basis and has since been removed from his position as a locomotive driver and placed on permanent disability.

Continue reading "Illinois Court Rules Train "In Use" and Contributory Negligence Does Not Apply - $500,000 Verdict in Balough v. Northeast Illinois Regional Commuter Railroad Corporation" »

The Illinois Appellate Court clarified definitions of "next of kin" according to the Illinois Wrongful Death Act in its ruling on Judith Baez, etc. v. Garrett Rosenberg, et al., No. 1-10-0090. The appeal in Baez dealt with the allocation of funds from the settlement resulting from a fatal car crash.

In 2008, Rafael Marquez was killed in a Chicago car crash. He was unmarried and survived by his parents. However, within five months of his death, his girlfriend, Jesenia Laureano, gave birth to a baby girl; DNA tests proved that Marquez was the father.

Both Laureano and Marquez's parents brought wrongful death claims against the defendant driver, which were consolidated into one claim in a Cook County court. A $100,000 settlement was reached with the driver's insurance company, which was the amount of the policy's limits.

The $100,000 was distributed among both Marquez's parents and his daughter as follows:

-$27,426 went to Marquez's parents for the loss of their son;
-$27,427 went to Marquez's daughter for the loss of her father;
-$13,041 went to Marquez's parents for reimbursement for funeral expenses;
-$22,222 went to the parents' attorneys' fees; and
-$9,120 went to the baby's attorneys' fees.

Continue reading "Illinois Court Clarifies Definition of "Next of Kin" Under Wrongful Death Act - Baez, etc. v. Rosenberg, etc." »

Given the state of today's economy, it has become commonplace to hear about companies trying to cut corners, to stretch every dollar, and maximize their workers' responsibilities. However, UPS workers are raising questions about what cost these continual raised expectations have on workplace safety and employee health.

Like many companies across America, UPS employees are under pressure to increase productivity; however, at the same time UPS is pushing employees to reduce workplace injuries and workers' compensation claims. These two goals seem contradictory, a point that is being made by both UPS employees and union officials who affirm that the longer hours and increased expectations has in fact resulted in more workplace injuries.

The local Chicago union is making a point to emphasize that their request to reduce employee workloads does not come from a desire to shirk their duties; rather, many UPS employees are committed to the company and applaud it as a good place to work. Take for example 45 year-old Joe Korziuk - he's worked for UPS for over 20 years, performing a wide range of jobs, including driving tractor trailers, delivering packages, and even washing trucks. However, even this model employee has suffered work injuries, sustaining a concussion after a heavy box fell on him, and is experiencing the wear and tear of twenty years on the job in the form of knee and back pain.

Continue reading "Chicago UPS Workers Pushed Too Far: Demand Reduced Workloads for Health and Safety" »

As we near road construction season in Chicago, as motorists it is important to be on the lookout for changes in road conditions near construction sites. However, the summertime is not the only time Chicago motorists need to be concerned with poor road conditions. Sometimes bad road conditions result not from regular wear and tear, but rather from low quality road repairs. The personal injury case below is an example of these types of accidents.

The Illinois motorcycle accident occurred when plaintiff was attempting to stop his motorcycle while driving along 163rd Street in Homer Glen, Illinois. However, at the time, he was driving in the same area where the City of Homer Glen had contracted a storm sewer installation in August of 2005. As part of the storm sewer installation, the subcontractor, Dalton Brothers, had cut a four foot trench near the intersection of 163rd Street and Cedar Road. Instead of repaving this trench, Dalton Brothers simply filled it up with loose gravel.

However, by the time the plaintiff was driving his motorcycle over this same area, that gravel had worn away, leaving a six to eight inch depression in the road. Because the roadwork was finished, there were no signs to signal to motorists the dangerous road conditions; the plaintiff had no obvious warning that what he was about to drive over was gravel, not pavement. Needless to say, the plaintiff's motorcycle skidded as he attempted to stop on the loose gravel.

Continue reading "Loose Gravel on Roadway Results in Illinois Motorcycle Accident - $1.73 Million Settlement Reached" »

It is one of the first things you learn in driver's ed and is repeated over and over again to new drivers: always keep your eyes on the road. However, this advice is useful not only for new drivers, but for experienced drivers, too. Take for instance the case of Benton Chapman, a 44 year-old truck driver who took his eyes off the road to adjust his radio and caused a multiple car accident on an Illinois expressway, Estate of Lafi Nofal, M.D., deceased, et al. v. Benton Chapman, Cardinal Transport, et al., 06 L 2263.

Immediately prior to the Illinois car crash, Chapman was driving a tractor-trailer truck along Illinois Interstate 55. Traffic was flowing at a reasonable speed and Mr. Chapman looked away from the road for a minute to adjust his XM Satellite radio. However, when he looked back to the roadway, Chapman discovered that the flow of traffic had slowed significantly and that he was driving way too fast.

Unfortunately, Chapman didn't even have enough time to brake before crashing into the car immediately in front of him. Dorothy Walsh, that car's driver, was killed as a result of the rear-end collision. However, Chapman's truck did not stop there, but continued in its path, striking another vehicle driven by Magdi Hussein, a bobtail trailer, and three other vehicles. The severity of the Cook County highway accident caused the Stevenson Expressway to be closed for five hours.

Continue reading "Cook County Multi-Vehicle Rear-End Accident Results in $8.4 Million Jury Verdict - Nofal v. Cardinal Transport, Inc." »

An Illinois appellate court found that the City of Chicago was immune from liability regarding a city resident's fall on a dangerous back staircase. While the plaintiff filed a claim against the building owner, she also filed a personal injury claim against the City of Chicago. However, the trial court granted the City's motion for summary judgment, a decision which the plaintiff sought to reverse in its appeal. Hess v. Flores, et al., 1-08-1653.

The Chicago personal injury lawsuit arose after the plaintiff, Rebecca Hess, fell from the 2nd floor, rear staircase of the apartment building where she lived. At the time of her fall a piece of the staircase's handrail was missing; in its place was yellow caution tape. According to City documents, the rear staircase at 2050-2052 W. Summerdale Avenue, Chicago had been in disrepair for several years and constituted a dangerous condition.

In the two years prior to Ms. Hess's accident, the rear staircase had been subjected to multiple City inspections. The conclusion of each inspection was that the staircase represented a "dangerous and hazardous condition." Not only had the City cited the owner on multiple occasions over the years, but eventually began judicial proceedings to help correct the apartment's building code violations. In fact, it was because of the City's involvement that the plaintiff filed a claim against the City of Chicago even though they were not directly responsible for Ms. Hess's injury.

Continue reading "City of Chicago Not Liable for City Resident's Faulty Staircase - Hess v. City of Chicago" »

An Illinois Appellate Court denied defendant's motion for a new trial in the Illinois auto accident lawsuit of Estate of Rosemary Oglesby et al. v. William Berg, et al., No. 1-09-0639. The defense's appeal involved claims that the trial court had acted incorrectly when it refused to send one of the plaintiff's medical bills to the jury during its review of the case. The jury ended up ruling in favor of the plaintiff, an outcome that the defense argued could have been different had the jury seen that medical bill.

The personal injury lawsuit involved an Illinois auto accident between the plaintiff, 60 year-old Rosemary Oglesby, and defendant William Berg, who was driving a park district van at the time of the car crash. Two days after the car accident, Oglesby presented to one of her regular physicians; Ms. Oglesby was seeing many different doctors at the time for her ongoing battle with cancer. The exhibit at issue was a billing statement from that specific doctor, which included the visit shortly after the car accident, along with twelve additional visits over the years.

The exhibit had been produced by the plaintiff, which is typical considering it was her medical bill and was likely being used to support the plaintiff's claim for reimbursement of past medical bills. However, it was the defense that requested that this particular exhibit be presented to the jury room while it deliberated its decision in the Illinois personal injury trial. The trial judge denied the defendants' request and the exhibit was not formally presented to the jury after the closing arguments.

Continue reading "Illinois Appellate Court Affirms Car Crash Verdict Despite Judge's Error - Oglesby v. Berg" »

An Illinois court denied defendant's motion for summary judgment in Brandon Stollings v. Ryobi Technologies, 2011 WL 211008 (N.D. Ill.). The court disagreed with the defendant manufacturer that the Illinois product defect claim did not satisfy the requirements for strict liability or negligence claims and allowed the product defect case to continue.

Stollings involved claims that the Ryobi Technologies manufactured a table saw that was unreasonably dangerous due to several design defects. The Illinois product liability lawsuit was filed after the plaintiff, Brandon Stollings, lost two fingers while he was maneuvering the table saw. Stollings was cutting a piece of wood when it was kicked back at him by the blade, causing his fingers to push forward into the rotating blade. Stollings's product liability lawsuit claimed that Ryobi Technologies's table saw was unreasonable dangerous because its anti-kickback device was attached to the saw's blade guard instead of being an independent system, it lacked flesh-detection technology, and sawdust tended to accumulate in the blade guards and obstruct the view of the operators.

However, the defense filed a motion for summary judgment to dismiss both Stollings's strict product liability counts and his negligence counts, citing evidence that Stollings had removed the blade guard prior to operating the table saw and that the plaintiff admitted to never reading the safety manual. The defense argued that if the plaintiff failed to utilize the safety features it had included then he was over 50% liable for his own injuries.

Continue reading "Product Defect Case Not Barred by Assumption of Risk Issue - Stollings v. Ryobi Technologies" »

A recent Illinois personal injury lawsuit involving the injury of a seven year-old girl at a local playground brought up issues of tort immunity in Illinois. Tort immunity laws are meant to determine to what degree a municipality, in this case the park district responsible for maintaining the playground, is immune from its actions. In Steven Tagliere, etc. v. Western Springs Park District, No. 1-09-2633, the plaintiff alleged that the Western Springs Park District was negligent in its maintenance of a seesaw at its park.

Seven year-old Taiylor Tagliere was playing on a seesaw at a park owned by the Western Springs Park District with five other girls when her ankle became lodged in the middle section of the seesaw, resulting in a broken ankle. Steven Tagliere, Taiylo'rs father, testified that when he later went to inspect the seesaw it was missing several bolts, which was evidence that the seesaw contained an "obvious defect." Under Illinois tort immunity laws, the alleged defect needs to be obvious in order to satisfy one of the requirements for the municipality's liability.

However, the other factor that the plaintiff must prove is that the failure to maintain the seesaw constituted "willful and wanton misconduct" on behalf of the park district. It was the plaintiff's failure to prove this that led to the trial court's dismissal of the plaintiff's claim, despite the presence of an obvious defect. The plaintiff appealed to the Illinois Appellate Court, stating that the lower court had erred in dismissing the case and asking the court to reconsider the evidence.

Continue reading "Illinois Park District’s Poor Inspections Do Not Satisfy Willful and Wanton Conduct Requirement Under Illinois Tort Immunity Act - Tagliere v. Western Springs Park District" »

The U.S. Court of Appeals for the Seventh Circuit affirmed a lower court's ruling regarding the plaintiff's request to amend its complaint. In Linda Aldridge v. Forest River, Inc., et al., 10-2193, the plaintiff sought to add an additional theory of liability onto her original complaint. While this is not typically against judicial procedures, the plaintiff attempted to amend her complaint at the onset of her product defect trial. The court denied her request because doing so would have changed the plaintiff's theory of liability, which would have drastically affected the way the product liability case was tried.

The plaintiff's original product defect claims arose out of an incident with her Forest River recreational vehicle (RV). As the plaintiff, Linda Aldridge, was exiting her RV, the steps unexpectedly retracted back into the vehicle, causing Aldridge to fall and injure her shoulder. In her original complaint, Aldridge alleged that her injury was a result of Forest River's defective step controller.

The Illinois product liability complaint alleged that the step controller's unexpected retraction was the cause of Aldridge's fall. Counts I and III were based on strict liability, stating that the RV step controller was not reasonably safe for its intended use, which was to raise and lower the RV's steps. Furthermore, the complaint alleged that Forest River had failed to properly wire, install, and test the step controller.

Continue reading "Illinois Court Denies Plaintiff's Request to Change Theory of Liability in Product Defect Lawsuit - Aldridge v. Forest River, Inc." »

A Cook County jury came to a decision in a Chicago trucking accident case involving a Chicago Transit Authority (CTA) bus driver and a semi-trailer. The truck driver admitted to having caused the truck accident; however, her lawyers contested the extent of the CTA bus driver's injuries. The Illinois jury returned a verdict of $363,853 in favor of the plaintiff bus driver in Earnestine Johnson v. Marian Pociask, Mr. Bult’s, Inc., 09 L 1613.

At the time of the Chicago truck accident, the plaintiff, Earnestine Johnson, and the defendant truck driver, Marian Pociask, were both driving down Chicago's LaSalle Street and were both making a left-hand turn onto 47th Street. However, Johnson was making the turn from the left-hand lane, while Pociask was making the turn from LaSalle's center lane. As Pociask was turning, her truck clipped the right front bumper of Johnson's bus.

Not only did Pociask's truck drift into Johnson's lane, causing the accident, but Pociask was making an illegal left-hand turn from the center, straight-only lane. At the time of the bus accident, Pociask was employed by Mr. Bult's, a waste transportation company. Both Pociask and her employer were named as defendants at the personal injury trial and both admitted liability for the truck accident.

Continue reading "Chicago Bus and Truck Collision Receives Verdict of $363,853 - Johnson v. Mr. Bult’s, Inc., et al." »

When we are young our parents tell us to look both ways before crossing the street, and in driver's ed we all learn to use caution when approaching intersections and to look both ways. However, as we become more and more used to approaching intersections we forget these simple lessons. The case of Felis Aspera v. Raul Munoz, RSJM Restaurant, Taqueria Atotonilco #1, Ltd., 07 L 9236, serves as a reminder of how dangerous intersections can be.

In 2007, 61 year-old Felis Aspera was crossing the intersection at Kedzie Avenue and 26th Street. Ms. Aspera was already in the crosswalk as Raul Munoz's truck was approaching the same intersection. However, Munoz failed to see Ms. Aspera as he made a left-hand turn directly into her path, running right into Ms. Aspera. As a result of her pedestrian-car accident, Ms. Aspera suffered multiple fractures to her left arm and leg and sustained a mild brain injury.

Due to the severity of her injuries, Ms. Aspera required open-reduction surgery on her left femur and required hardware inserted into her left radius and ulna. In addition, Ms. Apsera now walks with a noticeable limp despite the assistance of her newly acquired cane and has limited use of her left hand and is unable to grasp objects.

Continue reading "Cook County Pedestrian Crosswalk Accident Results in $300,000 Jury Verdict - Aspera v. RSJM Restaurant" »

An Illinois personal injury lawsuit resulting from a head-on collision resulted in a $483,000 verdict. While there was not any debate regarding who was at fault for the car accident, there was some disagreement as to the extent of the plaintiff's injuries and whether her sustained injuries had impacted her career; Gina Guide v. James Garlanger, 09 L 1867.

The plaintiff, Gina Guide, was a two-time U.S. national weightlifting champion and was training to earn a slot on the 2012 U.S. Olympic weightlifting team. However, on November 21, 2007, James Garlanger was out driving in icy and snowy conditions when he lost control of his car. Garlanger's car crossed into oncoming traffic and crashed head-on into Guide's vehicle.

The 22 year-old Gina Guide sustained a compound fracture and dislocation of her right ankle, multiple fractures along her tibia and fibula, and several torn ligaments. Since her 2007 car crash, Guide has required three different surgeries to treat her leg injuries and is likely to need two additional procedures. And despite all these procedures, Guide walks with a permanent limp and cannot flex her right ankle.

Continue reading "Illinois Head-On Car Crash Results in $483,000 Jury Verdict – Guide v. Garlanger" »

While Illinois is amending its motor vehicle laws to offer more protection to bicyclists, an advocacy group is petitioning for additional safety measures. The Active Transportation Alliance (ATA), an organization whose mission is to make Chicago streets safer for bicyclists, motorists, and pedestrians, is campaigning to increase the public's awareness regarding the dangers of bicyclist and car door collisions.

A bicycle-car door collision occurs when a driver opens his or her car door without first checking whether any bicyclists are coming; the bicyclist typically does not have enough warning to avoid the car door and ends up crashing into it. According to the ATA, car door accidents are the most common manner in which Chicago cyclists are injured; however, the Illinois Department of Transportation (IDOT) does not maintain records on the number of bicycle-car door accidents in Illinois.

Illinois averaged over 3,500 crashes between bicyclists and motor vehicles each year from 2005 to 2009. According to IDOT, 18 to 27 of those crashes result in cyclist's deaths and over 3,300 injuries every year. However, IDOT does not currently track the number of bicycle accidents in which a motor vehicle’s door is thrown open in the path of a moving bicycle. Without official records documenting the degree of the problem it is difficult for advocacy groups like ATA to raise motorist awareness and effect change in driver habits. In addition, a spokesperson for ATA stated that excluding dooring accidents from Illinois crash reports could decrease Illinois's vehicle-bike accident report statistics by 15 percent.

Continue reading "Illinois BIcycle Accidents - The Dangers of "Dooring"" »

A Cook County jury entered a $246,000 verdict against the Chicago Transit Authority (CTA) for an injury a computer sustained after getting caught in a turnstile in the Illinois personal injury claim of Tekuru Kpea v. Chicago Transit Authority, 08 L 5324. The plaintiff, Tekuru Kpea, sustained severe injuries to his leg and part of the damages went towards his future medical care and surgeries.

In 2004, Kpea was passing through a fare-card turnstile at the CTA's Green Line Kedzie Station when his left leg became caught in the turnstile. In addition, this caused Kpea to fall forward, twisting his left leg while his knee remained stuck in the turnstile. As a result of his personal injury, Kpea sustained a left leg fracture, specifically to his left tibial plateau.

Kpea's personal injury was so severe that he required an open reduction internal fixation surgery of his left tibial plateau, which involves fixing the bones in place with metal rods and screws. While these metal implements aid the bone in healing properly, they increase the risk for infection because there are now foreign bodies in one's leg. Unfortunately, this is what happened in Kpea's case - he developed a post-operative infection which required several corrective surgeries.

Continue reading "CTA Rider’s Fractured Leg Brings $246,000 Cook County Verdict - Kpea v. Chicago Transit Authority" »

A Cook County trucking accident recently resulted in a $675,000 verdict for the plaintiff, who suffered traumatic brain injuries as a result of the 2005 rear-end collision. The Illinois personal injury case was brought against both the defendant driver and his employer; Heather Davis v. Keith M. Longsine, Schneider National Carriers Inc., 07 L 3098.

The Illinois highway accident occurred in March 2005, during Illinois's road construction season. The plaintiff, Heather Davis, had come to a complete stop due to the road construction on Illinois Interstate 94 near Thornton, Illinois. However, the truck driven by defendant, Keith Longsine, did not stop and ended up crashing into Davis's vehicle. At the time of the accident, Longsine was driving a truck owned by his employer, Schneider National Carriers, Inc.

At the Illinois personal injury trial, the plaintiff hired a mechanical engineer to offer opinions as to how fast the defendant was driving at the time of the rear-end crash. The severity of the impact caused Davis's car to be pushed five feet forward into the rear of a pickup truck stopped in front of her. In addition, Davis's airbags deployed and her headrest broke off of her driver's seat. The plaintiff's engineering expert, Michael Rogers, used this information to opine that the defendant was driving in excess of 33 mph when the trucking accident occurred.

Continue reading "Cook County Rear-End Collision Results in $675,000 for Traumatic Brain Injury- Davis v. Schneider National Carriers, Inc. " »

An Illinois judge approved a $5 million settlement in a trucking accident lawsuit brought by the estate of an Illinois civil attorney who was killed in a two-vehicle accident near Streator, Illinois. The settlement in Estate of Richard J. Berry v. OSF Healthcare System Corp., et al., No. 10 L 14, represents one of the largest personal injury settlements in LaSalle County, Illinois.

The decedent, Richard Berry, was a partner in his own firm and had been practicing law in Illinois since the mid-1970s. Mr. Berry was widely respected in the legal community and was known to be a very capable trial lawyer. The Illinois wrongful death lawsuit was brought by his wife and three adult children, all of which will receive a portion of the Illinois settlement.

The Illinois wrongful death lawsuit was brought against OSF Healthcare System Corp., a Peoria-based company; its subsidiary, OSF Saint Francis, Inc.; and David DeFrance, the other driver involved in the two-vehicle accident which led to Berry's death. All parties involved contributed to the $5 million settlement to Mr. Berry's surviving family members.

Continue reading "$5 Million Settlement Approved in Illinois Truck Crash - Berry v. OSF Healthcare System" »

A Cook County jury has entered its verdict for a Chicago ironworker who tripped over demolition debris at a construction site. The plaintiff, 52 year-old Robert Petrouski, was performing ironwork on a bridge that was being demolished by the defendant, Bradenburg Industrial Service Co. when he was injured. The jury found in favor of the plaintiff and entered a verdict of $436,000 against the defendant in Robert Petrouski v. Brandenburg Industrial Service Co., 06 L-10628.

On October 11, 2004, Mr. Petrouski, a journeyman ironworker, was working below the bridge deck that the Brandenburg employees were demolishing. Mr. Petrouski was carrying equipment to perform his construction job when he tripped over a piece of demolition debris. As a result of his Chicago construction site injury, Petrouski suffered a lumbar disc herniation and a fragmentation of his disc.

While Petrouski contended that the debris he tripped on was left in his work area by Brandenburg's demolition crew, the demolition company denied that it was performing work above that area. Furthermore, Brandenburg went on to allege that the debris which caused Petrouski's fall was in fact left in the area by another company.

Continue reading "Chicago Iron Worker Injured – Construction Site Injury Receives $436,000 Verdict - Petrouski v. Brandenburg Industrial Service Co." »

On Valentine’s Day, 2007, Noni Brown, an eighth grade honor roll student at Betty Shabazz International Charter School was playing with her teacher and classmates at Grand Crossing Park. However, short time after the class arrived at the park, a 20 foot light pole fell on top of Noni, pinning her to the ground. The light pole was owned by the City of Chicago, who was then the defendant in the Illinois personal injury lawsuit brought as a result of Noni's injuries; Noni Brown, a minor v. City of Chicago, 07 L 5062.

The 13 year-old Noni was taken to the University of Chicago Medical Center, where she was diagnosed with an epidural hematoma, post-ligament disruption at T4-T6, and spinal fractures at C-2, T-5, and T-6. While she did not require surgery to repair her spinal injuries, Noni was at U of C Medical Center for ten days.

At the Chicago personal injury trial, the plaintiff's attorneys accused the City of Chicago of not taking reasonable efforts to maintain its light pole for several years. The plaintiff contended that the steel light pole had fallen on Noni with no provocation on her part, or by any of her classmates.

Continue reading "Chicago Student Awarded $571,000 From the City of Chicago After Light Pole Injury - Brown v. City of Chicago" »

An Illinois personal injury lawsuit settled for $2.93 million in Lake County, Illinois. The Illinois lawsuit of Jeffrey Cox v. Anthony S. Phillips, et al., No. 08 L 488, arose as a result of a 2006 car accident. The lawsuit carried claims not only of the personal injuries sustained by the plaintiff driver, but also involved a workers' compensation claim for the plaintiff's lost time from work following the Illinois truck accident.

In 2006, the plaintiff, 51 year-old Jeffrey Cox, was driving his pickup truck near the intersection of Hardigan Road and Rte. 12 in Lake County, Illinois. At the time of the Illinois truck accident, Cox was driving through the intersection with a green light. According to his Illinois personal injury complaint, Anthony Phillips t-boned Cox's vehicle after running a red light at the Lake County intersection.

Phillips was traveling at high speeds at the time of the t-bone truck collision, causing fairly severe injuries to Cox's shoulder and leg. While Cox's shoulder healed without any major interventions, Cox's leg injury required surgery, thereby increasing the time required for his healing process.

Continue reading "Illinois Auto Crash Settled for $2.93 Million - Cox v. Phillips" »

On May 25, 2005, the defendants’ 79,000 lbs.Mack truck rear-ended the plaintiff’s Toyota Tundra pickup truck at 10-15 mph. The impact, considered hard by the plaintiff, caused a C4-5 herniation in Keith Gallaugher’s neck and a tear in the posterior longitudinal ligament. The trucking accident eventually led to the filing of Keith Gallaugher v. Roy Cranmer, Arrow Specialized Carriers, Inc., 07 L 172.

About five months after this truck and pickup truck collision, Gallaugher, the driver of the Toyota pickup underwent an interior cervical fusion at C4-5 with bone and plate fixation.

Mr. Gallaugher sought at trial the recovery of $100,000 for loss of normal life and $200,000 for past and future pain and suffering. This was to go along with his medical expenses of $57,366 as well as lost time from work of $6,250.

The defendant admitted negligence, but denied causation and contested the nature and extent of the plaintiff’s injuries. The defendant used a biomechanical scientist to dispute the low-speed impact caused the cervical herniation. In low impact cases, it has become a common occurrence in jury trials for defendants particularly, to present biomechanical expert testimony to dispute the nature and extent of plaintiff’s injuries.

Continue reading "Illinois Rear-End Crash With Pickup Truck and Semi-Truck Results in a $100K Verdict in Gallaugher v. Arrow Specialized Carriers, Inc." »

An Illinois personal injury lawsuit that was brought as a result of a 2006 car accident that left the plaintiff with back and knee injuries. The defendant driver was intoxicated at the time of the Illinois car crash and collided not only with the plaintiff's car, but also with several other stopped cars. The Illinois auto crash lawsuit was settled prior to trial for $5 million; Joseph Ambrogio and Debra Ambrogio v. Gary W. Ericksen and U.S. Fire Protection, Inc., 06 L 6380.

The Illinois auto crash lawsuit was brought against not only Gary Ericksen, the driver who allegedly caused the accident, but also his employer, U.S. Fire Protection, Inc. At the time of the Illinois car accident, Ericksen was driving a work van owned by U.S. Fire Protection, Inc. Under Illinois law, an employer is liable for any accident that occurs with their vehicles if the employee is operating within the confines of their employment.

Prior to the car accident, Ericksen had been working as a foreman sprinkler fitter at a Wheeling, Illinois construction site. He and some of his fellow crew members left the construction site to have lunch at a bar across the street. Ericksen was returning from lunch when he came to an overpass where a line of cars were stopped in traffic. Ericksen allegedly failed to stop in time and hit several of the cars; the plaintiff, Mr. Ambrogio, was the second vehicle in that line of cars.

Continue reading "Chicago Drunk-Driving Car Crash Case Settled for $5M – Ambrogio v. Ericksen " »

A Cook County jury returned a $750,000 against the City of Chicago as a result of an Illinois car accident involving a Chicago police officer. The Illinois jury verdict took into consideration the resulting chronic injuries to the plaintiff as well as his past and future lost time from work in Marek Rajewski v. City of Chicago and Judy Johnsen, 08 L 11949.

The Illinois auto accident occurred right outside of the Chicago Police Department's 16th District Jefferson Park Police Station, located at 5151 N. Milwaukee Avenue. The plaintiff, Marek Rajewski, was a 56 year-old maintenance employee who had been assigned to the Jefferson Park Police Station for almost ten years. After ending his janitor shift, Mr. Rajewski collected his car from the south employee parking garage and was exiting onto Milwaukee Avenue.

As he was turning north on Milwaukee Avenue, Rajewski collided with Officer Johnsen, who was driving southbound on Milwaukee Avenue against the flow of traffic. Officer Johnsen was driving her squad car into the same employee parking lot that Rajewski was exiting. According to her testimony, Johnsen was driving her squad car to her personal car in order to retrieve some police reports she had forgotten in her vehicle. She had elected to drive the 50 feet from the north employee parking lot to the south lot rather than walking.

Continue reading "Chicago Car Crash Involving Police Car Results In $750,000 Cook County Verdict - Rajewski v. City of Chicago" »

Despite the defendants' claims that the plaintiff had not been seriously injured in a Cook County car accident, the Illinois jury awarded him $97,433 in Kenneth Linkevich v. Jose A. Alarcon and Yemi O. Oyewole, 09 L-635. The Illinois personal injury claim was filed by the plaintiff driver, who was injured when his car was struck by the defendants' two vehicles after they collided at an intersection.

In 2007, plaintiff Linkevich was stopped at a red light at an Illinois intersection, facing east on Apple Valley Drive in Bartlett, Illinois. While Linkevich was waiting for his light to turn green, Jose Alarcon began making a left-hand turn from northbound Route 59. However, in the process of turning, Alarcon crashed into a southbound car being driven by Yemi Oyewole. Alarcon and Oyewole's vehicles not only crashed into each other, but then spun and crashed into Linkevich's stopped vehicle.

Plaintiff Linkevich was 39 years-old at the time of the Illinois car crash and was employed as a truck driver. As a result of the car accident, Linkevich sustained an acrominal impingement injury, a disc herniation in his lower back, and developed arthritis in his right shoulder. Linkevich was unable to return to work for at least two weeks following the car accident.

Continue reading "Cook County Intersection Accident Receives $97,433 Verdict for Injured Driver - Linkevich v. Alarcon, et al." »

A Cook County jury returned a verdict of over $1.5 million in Joseph Walters v. Belt Railway Company of Chicago, Chicago Northern Railroad Co., Gunderson Rail Services n/k/a Greenbrier Rail Services, 06 L-7349, an Illinois personal injury lawsuit for a railroad employee who was injured on the job. Since the railroad had already admitted liability for the train accident prior to trial, the Illinois verdict involved issues of damages only, e.g., loss of normal life, past and future pain and suffering, medical expenses, and lost income.

Joseph Walters was a railroad freight conductor working at a clearing yard owned by Belt Railway Company of Chicago in Bedford Park, Illinois. Mr. Walters fell from a train car after a grab-iron handhold that he was holding detached from the car. Grab-irons are the handles on the outside of trains that railroad employees use to hold onto the cars. As a result of his train accident, the railroad worker sustained a herniated disc at his L4-L5 spine and a rotator cuff tear.

The 41 year-old underwent multiple surgeries, including a spinal fusion and rotator cuff repair surgery, but was still left with permanent disabilities. In addition, Mr. Walters's prolonged pain led to the long-term use of various narcotic pain medications, which he claimed led to chronic constipation, hemorrhoids, and hernia repair surgery.

Continue reading "Cook County $1.5 Million Verdict for Injuries Suffered When Railcar Grab-Bar Breaks Off; Walters v. Belt Railway Company of Chicago " »

A Cook County verdict was handed down on an Illinois personal injury and wrongful death claim involving a father and son who were both injured in the same Illinois construction site accident. The Illinois wrongful death claim was filed on behalf of the father, Herman Calloway, Sr., who was killed instantly at the construction site, ; Estate of Herman Calloway, Sr. v. Bovis Lend Lease, Inc., No. 05 L 8589, while the straight personal injury claim was filed on behalf of the son, Herman Calloway, Jr., who suffered permanent disabling injuries as a result of the construction site injury, Herman Calloway, Jr. v. Bovis Lend Lease, Inc., No. 06 L 2005. The jury found in favor of both plaintiffs for a total of $8.5 million in damages for both claims.

The Illinois construction site accident occurred in 2005, when both Calloway, Sr. and Calloway, Jr. were attempting to locate an electrical line at a construction site at Warrenville South High School. At the time, the Calloways were working in a trench that had been dug in order to allow them to locate the electrical line. Typically, when construction workers dig a trench they use a trench box to support it. A trench box is a metal box that construction workers use to prevent workers from trench cave-ins. Without the trench box there is no support to the walls of the trench and nothing to prevent the trench from caving in.

However, the area where the Calloways were working contained pre-existing manholes, the location of which prevented the construction workers from using the trench boxes. The construction workers did make an attempt to use the trench box, but had to remove it after discovering that the box would not fit. Instead of stopping the job while they worked to find an alternate solution, the job superintendant informed the crew that they still needed to locate the electrical line in that area.

Continue reading "Cook County Construction Site Accident Leads to $8.5 Million Verdict for Two Injured Construction Workers - Calloway Jr. and Calloway Sr. v. Bovis Lend Lease, Inc." »

An Illinois product defect lawsuit recently received a $2 million jury verdict award for her severely injured right hand in Rita Thakore v. Universal Machine Co. of Pottstown, Inc. d/b/a Universal Machine & Engineering Corp., 05 C-5262. The Illinois product liability lawsuit involved allegations of a defective design of an automated packing line machine manufactured by the defendant, Universal Machine Co. of Pottstown, Inc.

The Illinois product liability lawsuit sprung from a work place injury that the plaintiff, Rita Thakore, experienced while employed as a production technician at Ciba Vision’s contact lens factory in Des Plaines, Illinois. The 47 year-old technician was wiping melted plastic residue off of the upper plate of the heat seal press of the packing line machine. Ms. Thakore was responsible for handling the heat seal press, which was designed to seal foil lids onto plastic containers.

The machine was stopped at the time, but the 200 lb. plate suddenly dropped from the machine and landed on top of her right hand. Her hand became trapped under the 450 degrees Fahrenheit plate for several minutes, until the high temperatures burned through her heat-resistant glove.

Continue reading "Illinois Product Defect Case Returns $2 Million Verdict for Factory Worker - Thakore v. Universal Machine Co. of Pottstown, Inc." »

An Illinois woman claimed that the Illinois auto accident she was involved in was the result of a product defect. The Illinois product liability lawsuit alleged that a defective bike rack on another motorist's vehicle caused the plaintiff's car and truck accident. Prior to trial, the bike manufacturer settled with the plaintiff for $1.5 Million in Starr Frohlich v. Yakima Products, Inc., et al., 09L-103.

In 2007, the plaintiff, Starr Frohlich, was driving southbound on Interstate-94 near Libertyville, Illinois. Motorist William Gordon was traveling slightly ahead of Ms. Frohlich and had his bicycle hitched to his vehicle by way of a bike rack manufactured by Yakima Products, Inc. Without any warning, the bicycle came loose from the bike rack and flew into the path of Ms. Frohlich.

In order to avoid colliding with the bouncing bicycle, Ms. Frohlich abruptly moved her car to the road's left shoulder. Once the danger had passed, Ms. Frohlich moved her car back onto the highway and into the center lane. However, at that point she was struck from behind by a truck. So by avoiding a collision with the unmanned bicycle, Ms. Frohlich instead became involved in an Illinois auto accident.

Continue reading "Illinois Auto and Truck Accident Caused By Bike Rack Defect Settled for $1.5 Million - Starr Frohlich v. Yakima Products" »

Failing to yield the right of way at an intersection can often lead to auto accidents. In the best case scenario, these types of car crashes lead to minor injuries and are simple fender benders. However, there is also the chance that these types of car accidents can lead to severe and permanent injuries. The Illinois personal injury lawsuit of Burke v. Weller d/b/a Plainfield Limousine, et al., 08 L 361, is an example of an Illinois car accident that resulted in permanent injuries for one of the drivers involved.

The Illinois auto accident occurred when Casey Stryganek, a limousine driver, was turning left at the intersection of Route 52 and Interstate 55 in Shorewood, Illinois. Stryganek had a green light, not a green turn arrow, and elected to make his left turn despite the approach of a car driven by the plaintiff, Donald Burke. Unfortunately, this decision by Stryganek led to the collision with Burke's vehicle.

The Illinois car crash left Burke with a fractured left radius and ulna. The severity of the fractures necessitated an internal fixation surgery to repair the fracture. An internal fixation surgery is a fairly extensive surgery that requires the surgeon to insert metal rods and screws into the bones in order to repair the fracture.

Continue reading "Illinois Intersection Car Accident Driver Receives Over $600,000 Verdict - Burke v. Plainfield Limousine " »

An Illinois jury recently returned a $4.5 million verdict for a Chicago truck accident lawsuit that resulted in severe spine and back injuries to the plaintiff in Dorman v. Sysco Food Services – Chicago, Inc., et al., No. 07 L 10296. The verdict followed a two-week trial held in the Circuit Court of Cook County.

The Illinois truck accident occurred when the plaintiff, David Dorman, was stopped at a red light in Chicago. While he was sitting at the light, Dorman's vehicle was rear-ended by a truck owned by Sysco Food Services – Chicago, Inc. The defendant truck driver claimed that his breaks failed as he approached the plaintiff's car. The high speeds at which the impact occurred were due to the fact that the defendant was exiting the Kennedy Expressway immediately prior to the truck accident.

The impact caused the truck to land on top of the plaintiff's car and crush his roof, leaving the 31 year-old Dorman with severe neck and back injuries. Dorman required a two-level spinal fusion, two-disc replacement surgery, and a lumbar discectomy to repair the four bulging cervical discs and herniated disc he sustained during the Illinois auto crash.

Continue reading "Chicago Rear-End Truck Crash Ends With a $4.5 Million Jury Verdict – Dorman v. Sysco Food Services – Chicago, Inc." »

A former railroad worker found not able to pursue his Illinois railroad litigation case because his testifying medical experts were unable to identify the specific cause of the his injuries. The Illinois railroad litigation case was dismissed by the district court, a decision that was then affirmed at the appellate level in the case of Myers v. Illinois Central Railroad Co., d/b/a Canadian National/Illinois Central Railroad Co., No. 10-1279.

Timothy Myers, the 50 year-old plaintiff, had worked for the Illinois Central Railroad for 30 years as a brakeman, switchman, and conductor before retiring. He brought the Federal Employers' Liability Act (FELA) lawsuit to recover damages for injuries he suffered from cumulative trauma sustained by his elbow, knee, neck and back.

Myers based his FELA lawsuit on reports from three doctors and an ergonomist that opined that his injuries were caused by the railroad's negligence. However, the court did not consider any of this expert testimony when ruling on the railroad's motion to dismiss the case. As a result, the court granted a summary judgment in favor of the Illinois Central Railroad, a decision which Myers sought to have appealed by the U.S. Court of Appeals.

Continue reading "Illinois Railroad Worker's Medical Experts Unable To Connect Cumulative Trauma Injury - Myers v. Illinois Central Railroad Co." »

Chicago construction site accidents are fairly common considering the heightened risk of working at a construction site versus at a desk job. And while some of these construction accidents can be considered part of the every day routine of doing construction work, when an Illinois construction accident is the result of negligence on the part of a company or fellow employee, then an Illinois personal injury claim can be brought.

The case of Aguilera v. FHP Techtonics Corporation is an example of a situation where the Chicago construction site accident was the result of a company's negligence, in this case the general contractor of the job. Thirty-seven year-old David Aguilera was severely injured when he fell through an elevator shaft during the demolition of a building during the Chicago Transit Authority's expansion project for the system's Brown Line project.

Aguilera had opened the door of a freight elevator while working on the project, which opened despite there not being an elevator waiting. Aguilera fell some twenty feet through the open elevator shaft, and sustained a torn meniscus and anterior cruciate ligament tears in his knee, along with a concussion and lower back strain.

Continue reading "Chicago Construction Site Injury Involving Elevator Shaft Fall Leads to Verdict Against General Contractor - Aguilera v. FHP Techtonics Corporation" »

An Illinois personal injury lawsuit recently received a jury verdict of $4 million; the case involved an Illinois highway accident that left both the defendant truck driver and a little girl dead. The verdict was against a truck driver, Wayne Garfoot, and his trucking company, Garfoot Trucking, Inc. in The Estate of Santos v. Garfoot Trucking, Inc..

In January, 2005, Richard Santos was driving on Interstate 90 with his two-year old daughter, Amanda, in the passenger seat. The Santos' vehicle was approaching an Illinois toll plaza when it was rear-ended by the defendant, Wayne Garfoot, who was driving a tractor-trailer truck. The truck drove over the car, crushing and killing two-year old Amanda. Garfoot also died as a result of the Illinois truck accident.

Amanda's estate alleged that the defendant truck driver was driving too fast for conditions and did not maintain a safe speed as he was approaching the Illinois toll plaza. Because the defendant truck driver had died in the Illinois truck accident, an Illinois state trooper was called to testify as an accident reconstruction expert at the trial.

Continue reading "Tractor-Trailer Truck Accident Leads to Death of Two-Year Old Girl - $4 Million Verdict in Estate of Santos v. Garfoot Trucking, Inc." »

In a recent Illinois personal injury lawsuit involving injuries sustained during an Illinois car crash, the Illinois jury returned a verdict of $500,000 in favor of the plaintiff. The case of Verhaegen v. Bill Smith Auto Parts, Inc. involved an elderly plaintiff, Harvey Verhaegen, who was struck by a tow tuck owned by Bill Smith Auto Parts, Inc. after his vehicle stopped in traffic. The Illinois auto crash verdict was reduced by 50% because the jury found that the plaintiff was 50% responsible for his own injuries.

When there is an issue of comparative fault or negligence, i.e. that the plaintiff's own negligence also contributed to his or her injuries, Illinois juries are instructed to consider the degree of fault when coming to a decision on a personal injury lawsuit. If the jury finds that the plaintiff is more than 50% responsible then he or she is barred from receiving any reward. However, if the plaintiff is found to be 50% or less responsible for his or her own injuries, then the ultimate award is reduced by the percentage of responsibility. Therefore, in Verhaegen, the award was reduced by 50% because the jury found the plaintiff to be 50% responsible for his own injuries.

In order to determine each party's degree of liability, the jury must carefully analyze the case facts. In this Illinois auto crash case, the 74 year-old plaintiff was driving on Illinois Interstate 74 when he stopped his vehicle suddenly in the outside lane of traffic. He later testified that the reasons for stopping his car were not clear to him; the plaintiff sustained head injuries and suffered cognitive defects as a result of the Illinois car accident.

Continue reading "Illinois Rear-End Auto Accident Involving Tow Truck Verdict Reduced by 50% for Comparative Negligence – Verhaegen v. Bill Smith Auto Parts, Inc." »

The Seventh Circuit Court of Appeals in Chicago has reversed a federal judge's dismissal of a Illinois product defect case. Donald Malen slipped while getting off his reconditioned riding lawn mower injuring his foot by the rotating blades of the mower. He and his wife filed a lawsuit alleging that the manufacturer, MTD Products, Inc. and the seller of the product, Home Depot USA, Inc. were responsible for the injury. The case,
Malen v, MTD Products, Inc. and Home Depot USA, Inc., No. 08-3855 (Nov. 19, 2010)., was originally filed the Circuit Court of Cook County, but was removed to federal court because of diversity of citizenship of the parties.

Before the plaintiff's injury, he had been using riding mowers for more than 40 years. In 2001 Mr. Malen purchased a Yard-Man riding mower at Home Depot that was manufactured by MTD in 1998. The mower was advertised as a reconditioned model, with a full manufacturer's warranty.

The mower was designed with a safety interlock system. One component of the safety system was the "operator presence control", which would shut off the engine if the operator rose from the seat without first disengaging the cutting blade and setting the parking brake.
The mower also came equipped with a device that cut off the blades movement if the mower were put in reverse gear.

Plaintiff acknowledged that before the incident he had read and understood the admonishments found in the instruction manual and that over three years he had operated the mower 30-50 times without a problem. But in 2004, while Malen was mulching leaves with the mower, the right front tire became wedged over a curb. As he rose from the seat and stepped off the mower, his left foot slipped under the cutting deck where it was struck by the cutting blade.

Continue reading "Illinois Product Defect Case Reversed For Injured; Malen v. MTD Products, Inc." »

A 51 year-old union carpenter fell from a ladder at the construction site at 1111 S. State Street in Chicago on May 12, 2004, severely injuring his head and neck as a result of the Chicago construction site accident. The plaintiff, James Conwell was carrying a doorway header beam on a ladder that gave way. Although Mr. Conwell weighed about 220 pounds, the ladder was designed to safely hold a capacity of up to 225 pounds. The weight of the beam Conwell was carrying was about 100 pounds.

The fall at the Chicago construction site caused the beam to strike the back of the plaintiff's head and neck, causing a seven-inch gash below his right ear. The gash opened his jugular vein. After extensive surgery to repair the laceration, plaintiff continued to experience aura migraines, neck pain, tinnitus or ringing in his ears, severe hypersensitivity to sounds and cognitive deficits.

The ensuing personal injury lawsuit ended in a jury trial which resulted in a verdict of $1.47 million in favor of the plaintiff, Mr. Conwell. Mr. Conwell work at the site for Kole Construction, a carpentry subcontractor. The defendant in the case was the general contractor, McHugh Construction Co.

Continue reading "Chicago Carpenter Injured In Fall At Construction Site Receives $1.47 Million Verdict - Conwell v. James McHugh Construction" »

In a closely watched case involving federal preemption of product defect claims that a minivan was defective because its aisle seat lacked a lap/shoulder seat-belt, Williamson v. Mazda Motor of America, Inc., is angling its way to the Supreme Court. Williamson seeks to hold Mazda responsible for the death of Thanh Williamson, who was killed in a head-on collision in her family car, a 1993 Mazda minivan.

The Mazda minivan that Williamson was riding was equipped with lap/shoulder harness seat-belts except for the rear aisle seat where she was seated at the time of the crash. All of the other passengers in the van survived the incident. They were all harness seat-belted.

The United States has filed an amicus brief in support of the Williamson family, arguing that the lower courts have misread a similar Supreme Court case decided in 2000, Geier v. American Honda Motor Co, and that the family should be allowed to pursue their product liability case to its end.

Continue reading "Federal Preemption Auto Safety Case To US Supreme Court; Williamson v. Mazda Motor of America, Inc." »

A 32 year-old woman who was killed on Halloween in 2008 when a tractor-trailer rear-ended her stopped truck on Route 47 in Huntley, Illinois. The Illinois wrongful death case was settled for $6.5 million, which included severe injuries for the woman’s husband and young son. Carroll, et al. v. Geils Farms, LLC, et al., No. 09 L 39 consolidated with No. 10 L 1222.

The wrongful death lawsuit that was filed in Kane County, Illinois, by the family of the woman, claimed that the driver of the tractor-trailer was under the influence of drugs at the time of the truck accident. The truck also was alleged to have been unsafe because it was over-loaded; it weighed more than 80,000 lbs. In addition, the vehicle’s brakes were out of adjustment and some of the brake pads were contaminated by oil and grease.

The owner of the truck was a farm known as Geils Farms. In addition to the 32 year-old woman, her husband and son were both badly injured.

The driver of the truck who was alleged to be under the influence of marijuana. He is now serving a 45 month sentence in Illinois state prison.

Continue reading "Illinois Wrongful Death Truck Crash Results in $6.5 Million Settlement - Carroll, et al. v. Geils Farms, LLC, et al." »

The number of bicyclists on our streets and roads have increased significantly over the last several years as more people have begun to rely on this means of transportation than to commute to work, to shop, and go to school. Cities and towns have responded to the increased number of bicycles on the road by increasing bicycle accommodations, such as bike paths along streets.

However, this increase in bicyclists also means there is more competition between bicycles and motor vehicles for control of the road. When an auto accident occurs involving a bike and car, the bicyclists are much more subject to severe injury with a motor vehicle than the other way around. Bike riders have been injured in Illinois car/ bike accidents and Illinois trucking/bike accidents much more frequently now than in the recent past.

One such example of this increase in bicycle personal injury cases is a September 2008 bicycle-auto accident that occurred when a 56 year-old woman was riding eastbound on her bicycle in the crosswalk with the walk signal. The defendant driver was driving southbound on Western Avenue turning onto westbound East Westleigh Road in Lake Forest, Illinois when he struck the bicyclist.

Continue reading "Illinois Bicyclist Hit By Auto Driver - Personal Injury Case Settled for $1.7 Million" »

The National Highway Traffic Safety Administration (NHTSA) has issued a warning to users of 15-passenger vans to take specific safety steps in keeping its occupants safe. There had been two recently reported fatal truck crashes, one in New York and one in Georgia involving 15-passenger vans that have rolled over and resulted in ten deaths.

NHTSA has warned that tire maintenance is essential in preventing rollover crashes. Users of 15-passenger vans are cautioned to make sure that the vehicles have appropriately-sized tires that are inflated to the correct level before each trip. NHTSA has also recommended that spare tires not be used as replacements for worn tires. Fifteen-passenger vans have a history of tire wear that necessitates rotation of tires and/or replacement on a regular basis. Many tire manufacturers recommend that tires older than ten years old not be used at all.

Many of these vans are used for church groups, non-profit organizations, colleges and public schools.

Continue reading "15-Passenger Van Warning Issued By National Highway Traffic Safety Administration" »

In a recent Illinois auto accident case, a Cook County jury returned a verdict for $190,705 against two defendants who were responsible for the injuries suffered by a mother, Marie Tucker and her daughter Amy, age 8, who was in the back seat of the family car.

On July 8, 2006, the Tucker vehicle was stopped on Western Avenue in the City of Chicago just north of Berwyn Avenue. It was then that the Tucker car was rear-ended by the tow truck being driven by defendant Christopher Maness. The tow truck was owned and maintained by Hollywood Towing Inc. which was also a defendant in this case.

Marie Tucker, age 49, suffered a herniated disk to her lower lumbar spine. Amy, who was seat-belted in the back seat, suffered only minor injuries from the Illinois auto accident.

Continue reading "Verdict for Mother and Child Rear-Ended by Tow Truck – Admitted Liability; Tucker v. Hollywood Towing, Inc." »

In a recent Cook County, Illinois jury trial, an Illinois personal injury verdict was reached against the City of Chicago and in favor of a motorcyclist who suffered severe nerve injuries when he was thrown from his motorcycle on Lake Shore Drive in a collision with a Chicago Police car. Ross v. City of Chicago, 07 L 8907.

The verdict was returned after a 3 day retrial of the case. The jury also found that the man was 10% responsible for causing the motorcycle accident.

The motorcyclist, Brian Ross suffered nerve damage at the cervical region of his spinal cord resulting in the complete loss of motor function and sensation in his left arm and hand.

This Illinois motorcycle accident case was originally filed in 1999 and was initially dismissed by a Cook County trial judge. The dismissal was reversed by the Illinois Appellate Court in 2003 and the case was refiled and tried in May 2010. However, a mistrial was declared and the case had to be retried yet another time.

Continue reading "Cook County Jury Returns Verdict of $3.3 Million for Injured Motorcyclist" »

Two railroads have been sued following the death of 26 year-old Katie Lunn. Ms. Lunn, was killed when an Amtrak train travelling 70 mph struck her SUV which was stopped on the tracks in heavy traffic. The Illinois train accident took place on Stuenkel Road and Governors Highway in south suburban Monee, Illinois.

The Federal Railroad Administration had determined that before the Illinois train crash, flashing lights, bells and crossing gates had been inadvertently turned off while repairs were being made.

An Illinois train accident lawsuit was filed in the Circuit Court of Cook County claiming negligence on the part of Illinois Central Railroad and Wisconsin Central, Ltd. The two railroads are owned by the Canadian National Railway Company.

Although the federal investigation had cleared Amtrak of any responsibility for causing the incident, Amtrak could still be on the hook to pay for the wrongful death of Ms. Lunn. That may be because Amtrak had an operating agreement with Illinois Central that required it to indemnify and hold harmless Illinois Central against any negligence or fault on the part of Illinois Central or its employees. This is a typical type of indemnification clause found in many cooperating contracts.

Continue reading "Illinois Family Sues for Wrongful Death of Daughter Killed by Amtrak Train" »

In a second Illinois Supreme Court opinion regarding this case, the court handed down its opinion in Ready v. United/Goedecke, Inc., No. 108910, an important case distinguishing fault apportionment.

The court’s first opinion, Ready I, held that Illinois Code of Civil Procedure Section 2-1117 did not permit the apportionment of fault to defendants who had already settled in the Illinois wrongful death case. Following that Supreme Court decision (Ready I), the case was remanded to the Illinois Appellate Court to consider the defendant’s sole proximate cause defense. The appellate court decided that the lower court had erred in refusing to admit evidence of the conduct of the settling defendants. However, the Illinois Appellate Court did not reach the issue of defendant’s entitlement to a jury instruction on the point.

In this opinion, Ready II, the Illinois Supreme Court concluded that the Circuit Court of Cook County was wrong both in excluding the evidence of the actions of the settled defendant, but also it erred in refusing to instruct the jury on sole proximate cause by not giving the second paragraph of Illinois Pattern Instruction, 12.04.

Continue reading "Illinois Supreme Court Upholds Wrongful Death Verdict, $8.13 Million – Ready v. United/Goedecke, Inc." »

A Lake County, Illinois jury delivered a $4.5 million verdict in an Illinois personal injury case where a 60 year-old woman suffered injuries when a 67 foot tree fell on her as she was walking her dog near a golf course. This Illinois personal injury verdict is one of the highest in the past 20 years in cases where the injuries were caused by a falling tree. Cathy Stackhouse v. Lakemoor Country Club, Inc. et al., No. 08 L 610.

Cathy Stackhouse claimed that on April 26, 2008, she was walking her dog along the edge of the Lakemoor Country Club golf course property when a tree on the golf course fell on her. The tree limb hit Stackhouse between her shoulder blades that resulted in a fractured vertebrae in her lower back and a broken left ankle. She required surgeries for both injuries.

The jury returned the Illinois premise liability verdict against Lakemoor Country Club, Inc. and a co-defendant Royce Realty & Management Co., Inc. finding each to be 50% responsible. It was argued during the trial that the owner of the country club and its management company were both negligent for having chosen not to take the appropriate steps to inspect their trees along the course property.

Continue reading "Falling Tree that Caused Back and Ankle Injuries to Lake County, Illinois Woman Results in Jury Verdict of $4.52 Million" »

A 17 year-old boy was killed when the four-story city parking garage’s interior metal staircase collapsed. Chris Gaston was found the next morning dead from severe head injuries. Chris Gaston’s father, on behalf of his estate, brought an Illinois personal injury lawsuit against the City of Danville claiming that it had been aware that the staircase was in hazardous condition because of lack of repair, but chose not to correct the defect. Gaston v. City of Danville, 912 N.E.2d 771 (Ill.App. 2009).

It was the opinion of the expert for the Gaston family that the Illinois personal injury occurred when Chris was coming down from the third floor landing midway between the second and third floor is when the wells between the stair stringers to the midway landing broke, causing the stairs to drop downward and hang. This sent Gaston to the landing below. When the welded connection at the third floor landing broke, the entire stair branch slid down the railing striking Gaston on the back of the head.

The evidence in the Illinois personal injury case showed that for more than four years before this incident, a different stair stringer had separated from one of the landings. After a structural engineer inspected the staircase and recommended certain repair options, including repairing and replacing the second floor landing only, no action was taken. A professional engineer than opined that an accumulation of packed rust was weakening the metal and causing broken wells in a number of areas.

Continue reading "Verdict for Teen Dies of Head Injuries in Stairway Collapse Upheld By Illinois Appeallate Court - Gaston v. City of Danville" »

A Cook County jury has determined that the company engaging a torch-cutter is responsible for worker's wrongful death. The jury verdict was $734,400. Fernando Corral, age 51, was working as a torch-cutter at Mervis Industries, Inc. cutting a portion of a single-deck rail car when a piece of steel fell on him causing his wrongful death. He was survived by his wife and four children.

The family of Mr. Corral brought an Illinois wrongful death lawsuit alleging that the defendant company, Mervis, chose not to make the area where Mr. Corral was working safe, that it should have recognized the hazards involved in torch-cutting work and guarded against those hazards.

The Illinois wrongful death case had a complicated past. A motion for summary judgment was first granted by a trial judge indicating that Mervis did not owe a duty to Corral because he was working for an independent contractor at the time of this incident.

Continue reading "Illinois Wrongful Death Jury Verdict of $734,400 Awarded for Worker Killed During Torch Cutting of Rail Car" »

An Illinois family was decimated by the wrongful death of a 27 year old woman, April Simmons, who was eight months pregnant when the vehicle driven by John Homatas ran head-on into her SUV near South Elgin, Illinois. The Illinois wrongful death lawsuit claimed that the West Chicago strip club, Diamonds Gentlemen's Club, owned and operated by On Stage Productions, Inc., was negligent when its employees assisted an apparently drunk patron, John Homatas, and his friend into Homatas's car, Simmons v. Homatas, 236 Ill.2d 459, 925 N.E.2d 1089 (Ill. 2010), and thus was liable for the Illinois car and SUV accident.

The Illinois wrongful death case revolved around the fact that the drunk driver and another man had gotten drunk at the club and were ejected by bouncers. Homatas was seen in the club's men's room vomiting. The employees then escorted Homatas and John Chiarello out of the club. The Illinois car crash with woman's vehicle occurred only fifteen minutes after Homatas left Diamonds. Chiarello was also killed.

The strip club does not serve liquor, but patrons were allowed to bring their own. Because of that fact, Diamonds argued it was not responsible for Homatas' bad acts. In fact the Illinois wrongful death case had been argued in the circuit court on Diamonds' motion to dismiss. The motion was denied and an appeal was taken. The review went all the way to the Illinois Supreme Court, which ruled that the club did make itself accountable for Homatas. The facts were that the bouncers had instructed the valet service to bring around Homatas' car to the front and left it running for him.

Continue reading "Strip Club Settles Drunken-Driving Lawsuit For $1 Million- Simmons v. Homatas" »

Like most extras working on Hollywood movie sets, Gabriela Cedillo most likely was required to sign a waiver prior to working on the set of Transformers 3. However, even if she had signed a waiver, Paramount Pictures, the production company producing Transformers 3, could be held liable for her severe injury while working as an extra on set. The Chicago personal injury lawsuit was filed in Cook County earlier this month, Adolfo Romo, etc. v. Paramount Pictures, et al., No. 10 L 11309.

On the date of her personal injury, Cedillo was participating in a scene with over 75 other extras. She was driving her car in the opposite lane of a flatbed truck hauling multiple cars. The scene involved a stunt wherein two of the towed cars would rise in the air and then flip, all while being pulled at over 50 mph. The scene was made possible by the use of a pulling cable.

However, on the date of injury the cable and bracket broke loose, whipping various parts into the oncoming lanes where the extras were driving. A large piece of iron struck the roof of Cedillo's car, resulting in her severe personal injuries, including loss of vision in her left eye, permanent left sided paralysis, a brain herniation, and abdominal injuries.

Cedillo spent over a month in Loyola University Medical Center's intensive care unit and remains in a rehabilitation facility for further treatment. Several surgeries later, she is still unable to speak and is being fed through a tube in her stomach.

Continue reading "Illinois Personal Injury Lawsuit Filed on Behalf of Extra Injured on Transformers 3 Set - Romo v. Paramount Pictures, et al." »

The most recent in a round of settlements reached following a 2005 Metra train derailment have resulted in $1.45 million to Catherine Kozi-O'Donnell, a woman who sustained injuries in the Illinois train accident. The Joliet resident's leg was badly broken during the train accident and required knee replacement surgery.

Earlier this summer Metra reached a $2 million settlement with a man who suffered hip, shoulder, and leg injuries following the Illinois train derailment. In addition, the surviving families of two passengers who were killed as a result of the 2005 train accident, Jane Cuthbert and Allison Walsh, settled their claims with Metra for $11 million.

The 2005 Illinois train accident resulted in the death of the two women and 117 injured passengers. In Illinois, whenever there are large numbers of plaintiffs filing personal injury lawsuits against one similar entity, typically their claims are broken up into manageable groups. While these groups might initially all be treated as one entity in order to aid the discovery process, eventually they are placed on different litigation schedules. This schedule allows the defendant to stagger their response to the different individual lawsuits. Not only does this help the defendant, but it also helps the plaintiff by insuring that each's case receives equal attention.

Continue reading "Additional Metra Train Derailment Settlement Reached - $1.45 Million to Illinois Woman With Leg Injury" »

The Illinois Supreme Court evaluated a Chicago personal injury case involving a slip in fall accident on a Chicago Transit Authority (CTA) platform. The issue in the case was whether the CTA, as a common carrier, owed a duty to protect its passengers from a natural accumulation of ice on its outdoor platforms. Krywin v. Chicago Transit Authority, No. 108888.

Under Illinois law the CTA is recognized as a common carrier, which is any person or company that is engaged in the business of transporting goods or people. Illinois case law has long established that a common carrier "must use the highest degree of care which is practicable in order to provide passengers with a safe passage from its trains". In Krywin, the plaintiff's personal injury complaint maintained that the CTA's negligence led to her slipping on an icy platform and fracturing her left leg.

The Chicago train company responded by stating that it owed no duty to the plaintiff under the natural accumulation rule. This rule states that a property owner does not have a duty to remove snow, ice, or water that has naturally accumulated on the owned property. The natural accumulation rule typically applies to landowners and has generally not been extended to include common carriers.

Continue reading "Chicago Transit Authority's (CTA) Duty as Common Carrier Evaluated By Illinois Supreme Court Regarding Removal of Ice from Train Platform - Krywin v. Chicago Transit Authority" »

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" »

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" »