Chicago Personal Injury Lawyer Blog

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" »

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." »

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." »

The Illinois jury verdict of $700,000 in Marjorie McDonald, etc. v. Northeast Illinois Regional Commuter Railroad Corp., etc., 2011 IL App. (1st) 102766, was upheld by the Illinois First District Appellate Court. The original personal injury lawsuit involved a train accident involving a Metra train that occurred in 2002. The Cook County jury held the train engineer and Metra liable for the injuries Thomas McDonald sustained while in a pedestrian train crossing.

The 79 year-old McDonald was crossing the train tracks at a North Glenview Metra station when a train began approaching. The Metra engineer sounded the horn to alert McDonald; however, the train ended up striking the pedestrian. As a result of the train accident, McDonald's arm was severed. McDonald died of unrelated causes shortly thereafter and his wife brought a lawsuit against Metra and its agents on his behalf.

The Illinois personal injury lawsuit alleged that Metra was liable for the train accident because it had not ensured that pedestrian signals were installed. According to the plaintiff's attorneys, the lack of pedestrian signals failed to provide an adequate warning to McDonald that the train was approaching. Furthermore, the plaintiff alleged that the train engineer failed to sound the horn in time to provide McDonald with an adequate warning.

Continue reading "Metra Train Crossing Accident Verdict of $700,000 Upheld By Illinois Appellate Court - McDonald v. Northeast Illinois Regional Commuter Railroad Corp." »

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" »

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" »

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 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 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." »

The Illinois Appellate Court, First District, reversed a Cook County Circuit Court judge's ruling which stated that the Chicago Transit Authority (CTA) was immune from liability under §27 of the Metropolitan Transit Authority Act. The case, Torf v. Chicago Transit Authority, No. 1-09-1710, was remanded back to the lower court for further handling after the Illinois Appellate Court determined there were questions as to material facts yet to be answered in the Illinois train accident case.

Torf involves a 2007 incident on a CTA redline train at the Cermak/Chinatown station. Shortly after departing from the L-station, the train line's power was shut off and all passengers, including Marla Beth Torf and her husband, were ordered to evacuate onto the tracks. In order to get down to the tracks, Ms. Torf first sat down on the train floor near its doors with the intention of sliding down from there. However, before she was able to do so, another CTA passenger knocked her down, causing her to sustain personal injuries.

Torf filed a complaint against the CTA that alleged the train operator owed her a duty to exercise the highest degree of care to protect the safety of its passengers. The plaintiff alleged that the CTA was negligent and had breached that duty during Ms. Torf's train accident. In response, the CTA filed a motion for summary judgment which alleged that the plaintiff's injuries were in fact caused by a criminal assault.

Continue reading "Chicago Transit Authority (CTA) Immunity Claim Reversed by Illinois Appellate Court - Torf v. Chicago Transit Authority" »

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" »

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 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" »

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" »

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" »

A recent Illinois jury verdict against a railroad company illustrates the difference between Federal Employee Liability Act (FELA) claims and Illinois workers' compensation claims. The plaintiff was a railroad conductor who suffered severe injuries after being run over by a railroad car while working. As a result of the Illinois train accident the plaintiff required amputations of both his legs.

If the plaintiff had been working for a construction company instead of a railroad company, than his injury would have been handled by the Illinois Workers Compensation Commission (IWCC) and he would have received immediate payments for his injury, medical care, and lost time from work. However, railroad employee injuries are covered under FELA, which puts the burden on the employee to prove that the injury was the result of the railroad's negligence and not the employees.

Similarly, employers whose employees are ruled by Illinois workers' compensation law are exempt from any lawsuits being filed against them by their employees as the result of an injury sustained at work. This protection is granted to those companies because of the assumption that if their employee is injured at work then the company will already be paying them under Illinois workers' compensation rules.

However, under FELA, the railroads do not have to pay the employee anything if the company deems that the injury was a result of the employee's negligence. So while the employee does not automatically receive any compensation from the railroad, the employee is also not barred from filing a lawsuit directly against their railroad employer. So while this Illinois train accident lawsuit was brought by a railroad employee against his railroad employer, Iowa Interstate Railroad, if the plaintiff had not been employed by a railroad he would not have been able to sue his employer.

Continue reading "Illinois Railroad Injury Verdict: FELA Claims Are Different Than Workers' Compensation Claims" »

On July 11, 2006, a Chicago Transit Authority (CTA) subway train caught fire and derailed during the evening rush hour. After the Chicago Blue Line train derailed, passengers were forced to exit the subway train cars and make their way to the surface. Many CTA riders were taken to nearby hospitals for treatment of smoke inhalation and other injuries.

A verdict for one of the passengers was recently returned on the first of the cases stemming from this Chicago train accident to go to trial. The Chicago man claimed that he suffered from psychological injuries, including post-traumatic stress disorder (PTSD), as a result of the Chicago train derailment near Clark and Lake Streets.

At trial, the plaintiff testified that he thought he was going to die given the amount of flames, heat, and smoke. Currently the plaintiff still rides the blue line train to his job as a docket clerk for a Chicago law firm. The jury wasconvinced of the seriousness of the plaintiff's psychological injuries and returned a verdict of $135,000 against the CTA.

According to court documents, it appears that the focus of the Cook County train accident trial was on damages only as a summary judgment was already entered against the CTA regarding negligence claims related to the 2006 incident.

Continue reading "Chicago Man Receives Verdict Against Chicago Transit Authority (CTA) for Psychological Injury" »

An Illinois wrongful death case was recently tried and found in favor of the decedent's widow, who was awarded $5 million by the Cook County jury. The verdict was against Metra and found the Chicago-based railroad liable for the Illinois train accident that caused the decedent's death.

On the day of the Illinois train accident, the decedent was standing on a train platform at a Berwyn, Illinois train station and waiting for a train to take him to work. He was waiting in the same place he waited every morning, on the northeast corner of the platform. However, on that day the commuter train that normally arrived on the south platform had been re-routed to the station's north platform due to the approach of an unscheduled freight train, which required the waiting commuters to move to a different track.

A ticketing agent informed those commuters waiting on the south platform of the change in tracks and suggested they cross the train tracks while the gates were down. An announcement was also made over the public address system, however, the north platform that the decedent was standing on was not equipped with speakers. Therefore, what the blind decedent heard was an unclear, muffled message to which he responded to by crossing the tracks.

Continue reading "Illinois Metra Train Accident Results in $5 Million Verdict to Widow of Legally Blind Man" »

While speeding in any vehicle is never a good idea, for trains it can have disastrous consequences. Train speed limits are posted for a reason and can vary based on weather, track condition, or the length of the train. When these speed limits are ignored it can result in deadly train accidents.

The Northeast Regional Commuter Railroad Corporation, a.k.a. Metra, recently reached a settlement with a Chicago resident who was injured in a 2003 train crash. The Metra conductor had been faulted for driving at increased speeds and was apparently distracted when he was going 68 mph in a 10 mph crossover. Following this Illinois train accident the speed limit in the area has been reduced by up to 40 mph.

The injured man was a passenger when the Metra commuter train derailed near 47th Street in Chicago and sustained a fractured arm, broken ribs, and spinal damage. During the case's discovery period Metra had admitted liability for the train accident. The case was settled for $2 million.

Continue reading "Illinois Commuter Train Derailment Results in New Speed Limits" »

A recent Cook County jury verdict is a reminder of the dangers of railroad crossings and of Illinois train accidents. $5 million was awarded to the surviving family members of a 60 year-old man who was killed when his car was struck by a Metra train at a Chicago railroad crossing.

As a Chicago commuter at least once a year I hear about a train accident at a Chicago crossing, oftentimes due to an impatient vehicle trying to beat the fast moving train. However, in this man's case a traffic signal was responsible for his death.

The 60 year-old male was driving southbound towards the crossing located near the intersection of Marshfield Street and 111th on Chicago's southside as the train was approaching. The City's traffic control system signaled east and westbound traffic to receive red lights at the crossing, but southbound traffic was given a green light. There was no indication to the driver that he should not turn right at the railroad tracks. The driver made his turn onto the tracks just as the train was approaching at 60 mph.

Continue reading "Chicago Metra Train Death Results in $5 Million Illinois Jury Verdict" »

This month Illinois Governor Pat Quinn signed into law Senate Bill 84 (CTA §41 Notice Repeal), overturning a six-month requirement previously aligned with any Chicago Transit Authority (CTA) case. The rules under the new law are effective for any causes of action that accrue on or after June 1, 2009, such as Illinois bus accidents or Chicago train accidents.

Under the old requirement, any cause of action against the CTA had to submit a written notice to the CTA within six months of the relevant incident that advised the CTA of a potential cause of action. Failure to provide this notice barred the case from being brought. The formal notice required very specific facts regarding the action and essentially preserved the case for a later filing.

Under the newly passed law there is now no longer any required notice. However, a one year statute of limitations still stands for any and all CTA cases. This means that even though the required six-month notice has been repealed that an individual or party must still bring a cause of action against the CTA within one year after the incident occurred.

Continue reading "Chicago Transit Authority (CTA) Accident Cases No Longer Subject to Six Month Notice Requirement: Illinois Governor Signs Bill Into Law" »

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" »

An hour or so before the evening rush-hour an Amtrak train derailment caused a massive schedule backup at Chicago's Union Station as all southbound tracks exiting the station were shut down. The derailment occurred after the wheels on two of the train's cars derailed. Officials are still looking into what caused the derailment.

Officials expected that the delays would continue into the Thursday morning rush-hour as they continued to work on clearing the damage caused by the derailment. For those of us who rely on public transportation every day, whether Amtrak, Metra, or the CTA, we take for granted that our trains and buses will operate smoothly and safely. Yet this is not always the case.

Whether through the fault of the train operators, faulty equipment, or just poor weather conditions, there are numerous ways that public transportation can take a negative turn. Fortunately, in yesterday's derailment of the 116 passengers on Amtrak's Southwest Chief, only one reported "not feeling well" following the derailment.

Continue reading "Amtrak Train Derailment at Chicago's Union Station Causes Long Delays" »