Illinois Injury Lawyer Blog

17-year-old Asia LeeShawn Ferguson IV died at an amusement park on Saturday. Ferguson had climbed over two fences and entered a restricted area at a Six Flags while the popular Batman ride was running. He was decapitated and killed by the roller coaster. Police are unsure about why the teen had entered the restricted area. An autopsy is scheduled to be performed today. The police investigation may reveal whether Six Flags was at fault, and whether the family will seek to file a wrongful death lawsuit.

To read more about the accidental death, click here.

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Posted In: Amusement Park Accidents

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A woman was killed by a freight train run by Union Pacific in Berwyn, Illinois on Sunday. The woman was reportedly using a walker and was struck by the train, which was using one of Burlington Northern Santa Fe railroad’s lines. The Burlington railroad’s spokesman said that the accident occurred Sunday afternoon at the Oak Park Avenue crossing in the Chicago suburb. The flashers and gates at the intersection were reportedly working at the time. Police are still investigating the accident, but as of yet, it is not clear if either railroad company is to blame or if any wrongful death lawsuits will be filed on behalf of the deceased woman.

Read more here.

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Posted In: Train Accidents

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A deadly boating accident on Geneva Lake in Wisconsin left an Illinois woman dead. Christina Ann Tully, of Chicago, was wakeboarding on Saturday afternoon when she fell off her wakeboard. She was waiting in the water for her boat to pick her up when a second boat passed by and struck Tully with its propeller, killing her. The driver of the other boat said that he had not seen Tully, and authorities have declined to charge someone as neither of the drivers were drinking alcohol at the time. Police further state that an impending storm had made the waters choppy, with two to three foot high waves. There is no word yet whether Tully’s family will seek to file a wrongful death lawsuit.

Read more here.

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Posted In: Boating Accidents

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An aviation accident involving two helicopters occurred leaving six plane accident victims dead. The crash occurred near a hospital but the individuals suffered serious personal injuries beyond repair. The plane crash occurred just two days after a similar helicopter crash on the same sight. To read about the recent aviation accident click here.

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Posted In: Aviation

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An Elderly woman was struck and killed by a Union Pacific Freight Train Sunday around 4:30 p.m. in the Chicago suburb of Berwyn. The victim was crossing the tracks using a walker and did not yeild to the gates or flashing lights which indicated that a train was about to pass. Officials maintain that the gates and lights were in working order at the time of the incident and that the train's conductor was not negligent. There is no word yet whether anyone is at fault for the accident or whether the woman's family plans to file a law suit in the matter.

To view entire article, click here

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Posted In: Train Accidents

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The 1st District in Wolfensberger v. David Eastwood, No. 1-07-0121 (May 12, 2008) 1st div. (WOLFSON) affirmed in part reversed in part, and remanded the automobile accident case back to the trial court. According to the Court, the trial court erred when it granted summary judgment in favor of issuer of umbrella insurance policy; because the issue of whether driver of vehicle in which plaintiff was a passenger at time of her injury was acting within the scope of his employment when he negligently drove from bar, is material issue of fact. In addition, in order to be covered as individual 'engaged in the business or personal affairs' of employer, driver must have been acting within the scope of his employment.

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Posted In: Tips for Lawyers

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Along with summer sunshine & hot weather both adults and children turn to swimming pools to keep cool. Pool safety precautions are necessary to make sure only those who can swim will gain entrance to pools. Some towns and cities are creating safety ordinance legislation to ensure pool safety and to prevent pool accidents. To read about one town’s mandatory pool fencing requirement to prevent pool drowning click here.

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Posted In: Accidental Drownings

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Chicago, Illinois college student has died after a pond drowning. The student, 18 years old was declared dead by drowning. It is believed that he entered the pond to retrieve a volleyball and was unable to make it out. The man was rushed to the hospital in what officials hoped was just pool related injuries but the man was declared dead at the hospital. A fountain in the center of the pond may have played a role in the adult drowning accident. To read about this tragic story click here.

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Posted In: Accidental Drownings

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A child was responsible for saving another toddler who was found to be drowning in a pool. Thankfully the drowning pool accident did not result in the death of the toddler. The pool accident did not result in any personal injuries to the toddler who was scooped up and saved by a heroic 12 year old boy. As weather heats up in Chicago, Illinois pools became a source of satisfaction but if pool safety guidelines are not followed and if negligent lifeguards are on duty pools can end in tragic dips. To read about the heroic boy who saved a drowning child click here.

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Posted In: Accidental Drownings

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An off duty police officer from a near Chicago, Illinois suburb was involved in a motorcycle crash. The motorcycle accident left the police officer with serious personal injuries. The injured motorcyclist was taken to the hospital where he was later pronounced dead. The crash occurred when the motorcycle was crossing a highway exit ramp. There is no word yet if the motorcycle accident will result in a premises liability claim against the state for negligent premises maintenance. To read this tragic story click here.

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Posted In: Motor Vehicle Accidents , Motorcycle Accidents

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Thursday afternoon a boy on the far north side of Chicago, Illinois was seriously injured after being struck by a car. The 9-year-old boy had been riding his bicycle on North Fairfield Avenue in West Rogers Park when he was struck by a motor vehicle around 3 pm. The driver, a 17-year-old also from Chicago, was driving without a valid license. The driver was cited both for not having a valid license and for striking a person in the roadway. The boy was taken to St. Francis Hospital with what appeared to be a broken right leg and internal injuries. To read more about the incident click here.

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A woman from Des Plaines, Illinois was killed when she was hit by a Metra train near the Edgebrook station in Chicago, Illinois Monday evening. Additionally, a separate incident on the Brown Line of the CTA left a woman seriously injured after being struck by the ‘El.’ The Metra death was being investigated as a suicide, but the results of the autopsy performed Tuesday have not yet revealed whether suicide was the motive. The Brown Line victim was taken to Advocate Illinois Masonic Medical Center and classified as in serious-to-critical condition. To read more about either incident click here.

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Posted In: Public Transit , Train Accidents

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The trial court correctly concluded that insurer of lighting contractor had duty to defend owner of building, as additional insured, in litigation for personal injuries sustained by occupant for injuries she sustained as result of exposure to unfiltered fluorescent lighting. In American Economy Insurance Company v. DePaul University, No. 1-05-4027 (May 30, 2008), the Court wrote that even though owner is the drafter of third party complaint against electrical subcontractor, there is additional evidence in case, not supplied by owner, to bring complaint within coverage of policy. Complaint alleges that plaintiff was injured as result of negligent "selection and installation" of lighting fixtures, bringing it within potential coverage.

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Posted In: Tips for Lawyers

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Marshawn Lynch, a professional football player, is expected to plead guilty to a minor traffic violation in lieu of a criminal charge for a hit-and-run accident he was linked to at the end of May. Lynch is accused of hitting a pedestrian with his SUV at 3:30 am. He and a passenger claim that they did not realize they had struck anyone or caused any personal injury. Police reports indicate that it was a dark, rainy night and the victim was wearing dark clothing. The victim claims the SUV struck her, slowed down, came to a complete stop, and then sped away. Instead of being charged with leaving the scene of a personal injury accident, Lynch will likely face a reduced charge of either failure to exercise due care to avoid striking a pedestrian or leaving the scene of a property-damage accident.

For more information, click here:

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Posted In: Automobile Accidents , Pedestrian

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A motorcycle accident in Chicago, Illinois occurred when the motorcyclist crashed into another car. The car hit was waiting at an intersection to make a turn when the intersection accident occurred. The driver of the motorcycle was given citations for among several things a DUI; likely a ticket for reckless driving and for negligent driving. The motorcyclist experienced critical injuries and remains in the hospital. To read the full story click here.

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Posted In: Automobile Accidents , Motor Vehicle Accidents , Motorcycle Accidents

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Sixty-six people were injured Wednesday after hazardous chemical spill at a Chicagoland chemical spill. The accident occurred at Yellow Transportation around 10:20 Wednesday night when 30 and 40 gallons of a high-concentration of hydrogen peroxide leaked from a 275 gallon plastic container and reacted with materials in the area to produce a hazardous gas. 21 of the 66 people injured in the incident were taken to nearby hospitals for medical treatment. The remaining 45 were treated on scene. There is no word yet whether the leak was caused by human error or negligence. As of now, no personal injury law suits have been filed in this matter.

For entire article, click here.

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Posted In: Toxic Torts

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In Torress v. Midwest Development Company, No. 1-06-3698 (May 19, 2008) 1st div. (R. GORDON), the First District held that the trial court did not abuse its discretion when it barred experts testimony with regards to unnatural accumulation of snow and ice because experts deposition reveals that he could not testify to a reasonable degree of scientific and architectural certainty whether, water stains were present on underside of roof at the time when the plaintiff slipped and fell on the ice, whether ice damming had occurred at time of plaintiffs fall, whether ice or snow was on plaintiffs concrete step at time of his fall, and whether plaintiff had actually slipped on unnatural accumulation of snow and ice at the time of his fall.

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Posted In: Tips for Lawyers

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Mattel, Inc, a toymaker, argued to lawmakers that the company should be permitted to conduct its own certification tests, meaning that their own labs will test for product defects in their toys. Independent testing of toys was supposed to be the key in Congress’ attempt to improve the U.S. product-safety system. However, House and Senate provisions have been added to a bill that originally mandated independent testing, now allowing companies to bypass independent testing if they can get federal approval of their in-house testing laboratories. To benefit the most from the provisions are large toy manufacturers, who are more likely to have the sophisticated facilities necessary to conduct tests “equal or greater” in safety protection than independent testing. However, there is an obvious conflict of interest involved in companies testing their own products, which is what opponents point out to Congress. Both the Senate and the House will meet Wednesday to discuss product-safety measures, likely including the amendment at issue here. With the recent rash of lead tainted toys, product safety has come to the forefront, to learn more about the so called "Mattel amendment", click here.

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Posted In: Products liability , Toys

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A Cook County jury awarded $2.5 Million to the family of a nonagenarian who was struck by a van while crossing the street. The verdict included $1 Million for pain and suffering because the woman was alive when she was dragged 25 feet by the van. At trial, there was a dispute as to whether the woman or the driver proceeded on a red light. However, the jury did not hear evidence of a ticket given to the driver for “failing to exercise due care to avoid striking a pedestrian.” In reaching this verdict, the jury was asked to consider the quality and dignity of the life the woman led and the strong relationship she had with her family. The verdict speaks to the necessity of the availability of punitive damages, suggesting that many of today’s proposed tort reforms will only harm the families of individuals such as this woman that suffer unnecessarily.

For the full article, See Pat Milhizer, Law Bulletin, “Record verdict reached in death of nonagenarian,” June 20, 2008 Volume: 154 Issue: 122.

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Posted In: Automobile Accidents , Tort Reform , Wrongful Death

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Janine Nieman awoke one morning earlier this year to the sound of her young son, Aiden, screaming. When she went into his room she found him trapped in a gap in his crib, his body outside the crib and his head stuck inside. One of the spindles on his crib had fallen out, allowing him to get partially through the bars before getting caught. Jardine cribs like the one that Aiden got stuck in were sold at Toys “R” Us and Babies “R” Us and have been recalled because of the product defect. Wooden slats and spindles on 320,000 of the cribs can break which allows enough space for a child to get trapped in the resulting gap. 42 incidents of such broken slats and spindles were reported by the Consumer Product Safety Commission, including four instances where children got trapped, two suffering cuts and bruises. To find out more information about specific cribs that have been recalled, call 800-646-4106.

Read more here.

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Posted In: Products liability

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