June 30, 2008

Amusement Park Ride Kills Teen

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.

June 30, 2008

Freight Train Hits, Kills Woman

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.

June 30, 2008

Chicago Woman Dead After Boating Accident

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.

June 30, 2008

Multiple Helicopter Crash

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.

June 30, 2008

Elderly Woman Killed By Freight Train

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

June 27, 2008

Case Law Update: Auto Accidents, Insurance, and Agency

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.

June 27, 2008

Safety Precautions for Portable Pools

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.

June 27, 2008

College Student Drowns, Pronounced Dead

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.

June 27, 2008

Child Saves Another Child from Drowning Incident

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.

June 27, 2008

Motorcycle Crash Leaves Police Officer Dead

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.

June 27, 2008

9 Year Old Hospitalized After Car Accident

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.

June 26, 2008

Metra Train Hits and Kills Woman

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.

June 26, 2008

Case Law Update: Unfiltered Flourescent Light and Contractor Liability

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.

June 26, 2008

Hazardous Chemical Leak Leaves 66 Injured

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.

June 25, 2008

Case Law Update: Unnatural Accumulation of Snow and Ice Expert Testimony

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.

June 25, 2008

Provision May Allow Companies To Avoid Independent Testing of Toys

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.

June 25, 2008

Crib Recall After 4 Children Trapped

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.

June 24, 2008

Case Law Update: Building the Right Case in Against Tort Immunity

The 1st District, in Anthony v. The City of Chicago, No. 1-05-1954 (May 16, 2008) 5th div. (OMARA FROSSARD), certified questions answered. The Court held that the plaintiffs complaint, against City alleging failure to enforce building code and court order against building owners, who had been found in violation for failure to provide adequate exits, is barred by absolute immunity provisions contained in Section 2-103 of Tort Immunity Act.

Further, the willful and wanton exception in Section 2-102 does not apply to absolute immunity of Section 4-102 with regards to behavior of police officers at scene of disturbance; because plaintiffs have not named any individual employees of City as defendants; and plaintiffs have not alleged sufficient facts to show that City exercised requisite degree of control over premises.

For lawyers, this means that special care should be paid when bringing a personal injury lawsuit against a state or local government in case tort immunity statutes apply.

June 24, 2008

Motorcycle Accident leaves Pedestrian Dead

A woman in a Northwest suburb of Chicago, Illinois has passed away after a pedestrian accident occurred. The pedestrian was caught in a motorcycle accident which left her suffering from serious personal injuries eventually resulting in her death. The death has thus far been declared a motor vehicle accident. There is no word yet if any personal injury lawsuits or wrongful death suits have been filed against the driver in the motorcycle accident. To read more on this tragic story click here.

June 23, 2008

Case Law Update: Mesothelioma and Depositions

In Berry v. American Standard, Inc., No. 5-06-0621 (May 19, 2008), Crawford County (Welch), the Court affirmed the trial court's holding that the plaintiff, suffering from terminal mesothelioma, who unsuccessfully sought to have his evidence deposition taken, and whose discovery deposition was extended over sufficiently long period of time that he died before it could be taken, was nevertheless a party to the litigation for purposes of SCR 212(a)(5) even after his wife was substituted as plaintiff as administrator of his estate. Nor do they qualify as dying declarations. Therefore, his discovery deposition could not be used as evidence at trial; and was properly barred by trial court.

June 23, 2008

Ferry Accident Leaves Hundreds Lost at Sea

Hundreds of people are missing after a ferry boat accident took place on high seas. A combination of weather and an inability to reach life boats have created a search for more survivors. So far only 38 boat accident survivors have been located. The boat company has suspended other transportation while an investigation is taking place to determine what caused the boat accident. There is hope that some survivors still remain although it is unlikely any will be found at all but even seriously injured passengers would be better than none at all. To read about this tragic accident & the heroic tales of some of the ferry accident survivors click here.

June 20, 2008

Case Law Update: Premises Liability

In Britton v. University of Chicago Hospitals, No. 1-06-3080 (May 27, 2008) 5th div. (Tully) the Court affirmed, holding that the plaintiff's complaint against hospital, for injuries she sustained when glass on revolving door, which she used to gain entry to hospital, broke after she pushed on it is subject to summary dismissal. Plaintiff has failed to present any evidence to show that hospital breached its duty to maintain door; or that its negligent maintenance proximately caused her injuries. Further, since door was not in exclusive control of defendant, and injury was not one that typically occurs in the absence of negligence, the doctrine of res ipsa loquitor does not apply.

June 20, 2008

Which Plastics are Safe for Children?

The National Toxicology Program released a draft report in April of this year that showed that BPA, found in certain plastics, may cause injuries to children and infants, specifically it has been linked to neural and behavioral effects in children and babies. In light of this new information, parents may be concerned about buying plastic cups for their children. Gail Prins, a BPA researcher from University of Illinois at Chicago, recently answered some common questions from parents regarding BPA. First, if a plastic container has BPA in it, the triangle on the bottom should contain the number 7. There is also a possibility that freezing certain plastics release dioxin, though information linking freezing to the release of toxins is relatively new. Finally, the opacity of the plastic should not be used to determine whether it has BPA in it, again, the best way to tell is to look at the number marking. There is a potential for product liability lawsuits in the future, but since manufacturers now know about the effects of BPA on children, hopefully the chemical will stop being used for children's cups and toys.

Read more here.

June 20, 2008

Baby Formula Product Voluntarily Recalled

A nationwide product recall is in place after Abbott Nutrition pulled infant formulas that may have been oxidized. The nationwide product recall may help to prevent infants from suffering personal injuries and medical symptoms such as GI problems, vomiting and diarrhea. Consumers who purchased the recalled food product for their children should contact authorizes immediately. The FDA has come under scrutiny lately as advances in mass consumerism often lead to nationwide personal injuries and sometimes product liability related deaths. To see which products were recalled click here.

June 19, 2008

Case Law Update: Spoliation of Evidence

The 5th District, in United Fire & Casualty v. Keeley & Sons, No. 5-06-0307 (May 2, 2008) St. Clair County (SPOMER), reversed the trial court and remanded for further proceedings on the grounds that the trial court erred when it denied insurance company's motion for summary judgment in declaratory judgment complaint. General liability and commercial umbrella policy does not give rise to duty to defends or indemnify complaints against employer of injured workers at construction site for spoliation of evidence due to alleged destruction or disposition of I-beam on which employees fell.

June 19, 2008

Car Seat Heaters Burning Consumers

A product recall is in place after personal injuries and property damage have been sustained by drivers of Chrystler Minivans. Car accidents have occurred where the car’s seat heaters have become so hot as to not only cause burn injuries but to also cause fires. A product liability lawsuit is in place between Chrystler and Magna the manufacturer of the seat heaters. Meanwhile injured consumers are turning to the courts to receive compensation for burn injuries and minor personal injuries they have sustained. To see the full story and check out which car models have product recalls click here.

June 19, 2008

Drunk, Negligent Driver Nearly Kills Girl Waiting for Bus

An 11-year Chicago girl was injured after a negligent driver slammed his car into a CTA bus shelter where she was standing with several other people early Thursday morning. The out-of-control vehicle shattered the windows of the Chicago Transit Authority shelter, causing bits of broken glass to shower the girl, piercing her body and severly injuring her. The victim was taken to the University of Chicago Comer Children's Hospital where she is being treated for her injuries. Police say that car accident was the result of drunk driving and arrested the driver. There is no word yet whether a personal injury law suit has been filed in this matter.

For entire article, click here

June 18, 2008

Case Law Update: Uninsured Motorists in Illinois and Agency

The 1st District in Farmers Automobile Insurance Association v. Wroblewski, No. 1-06-3604 (May 2, 2008) 6th div. (O'MALLEY) reversed the trail court, holding that a release in favor of employer of driver of vehicle with which defendant's insured vehicle collided, which specifically identifies the other driver and unambiguously provides that its execution releases all agents and employees of employer, serves to release employee driver. Therefore, trial court erred when allowed parol evidence to conclude that defendants could recover uninsured motorist benefits after employee's insurer became insolvent.

June 18, 2008

South Bound Driver in North Bound Expressway Lanes Killed

Late last night a Chicago, Illinois expressway became the scene of a deadly car crash. The fatal car accident left the driver of a pickup truck dead after he was seen driving in what some would call negligent driving or reckless driving as the car was driving in the wrong direction. The pickup truck smashed into a construction truck vehicle after hitting a car. Besides the one truck driver killed the other vehicles on the road neither suffered serious property damage nor serious personal injuries. The area where the accident occurred is also in a construction zone but luckily no construction accident occurred with workers being off for the night. To see the full article and a news clip about the crash click here.

June 17, 2008

Case Law Update: Insurance and Illinois Car Accidents

The 4th District in The United Farm Family Mutual Insurance v. Frye, No. 4-07-0495 (April 21, 2008) Pike County (KNECHT) affirmed the trail court, holding because Indiana law applied to determine whether member of household exclusion in policy issued in Indiana to Indiana residents applies to preclude UIM coverage for claim by estate of husband against wife for death resulting from automobile accident in Illinois while wife was driving, trial court correctly entered declaratory judgment in favor of insurance company. Further, insurer is not estopped from raising policy defense by virtue of delay in filing declaratory judgment complaint.

June 17, 2008

Research Confirms Helmets Save Lives

Research has found that eliminating state helmet requirement for motorcyclists has dramatically increased the number of personal injuries and subsequent health care costs. In one state that recently eliminated its helmet laws, the study found fatal head injuries rose 66% while head injury hospitalizations nearly doubled. This study mirrors research from other states that has found riders not wearing a helmet are 32 times more likely to be in a fatal or serious accident. Although advocates of no helmet laws argue it is a personal choice that has no impact on society at large, data shows these accidents lead to higher insurance and health care costs for everyone else. In response, many states without helmet laws are reforming advocating consumer safety.

For the full article, click here:

June 17, 2008

Aviation Lawsuits on the Rise

A flood of plane accidents and plane crash victims are turning to aviation lawsuits to get answers. Over the past week deadly plane crashes on both small and large airliners have left over a hundred people dead. Plane crash lawsuits are already being filed against airline operators and airline employees. Wrongful death lawsuits have been filed by the family of a plane crash fatality who was in flight during a flight school program when the plane wreck left their son dead. To see the full article and check out the recent crash locations click here.

June 16, 2008

Case Law Update: Subrogation in Automobile Accident Cases

The 3rd District in Safeco Insurance Company v. Jelen, No. 3-06-0681 (April 10, 2008) Warren County (McCULLOUGH) Affirmed in part reversed in part, remanded: Because insurer's subrogation complaint against defendant, tortfeasor, for recovery of medical expenses it paid on behalf of its insured after she was injured in automobile collision in Illinois with defendants, is a tort claim, Illinois subrogation law will be applied under most significant relationship test. Therefore, trial court erred when it granted 2-615 motion to dismiss plaintiff's complaint for lack of standing. However, since insurer failed to submit any affidavits in response to Section 2-619 motion to dismiss counts based on agency, trial court did not err when it allowed defendant's motion to dismiss those counts of plaintiff's complaint.

June 16, 2008

Car Collides with Pedestrians, Four People Injured

Four people were injured on Chicago’s West Side Sunday after a negligent driver plowed into a crowed of pedestrians. The car accident occurred around 10:15 p.m. in the 600 block of North Lawndale Avenue. Three of the pedestrians involved in the collision were taken to area hospitals where they remain in critical condition. There have been no fatalities related to the car accident and there is no word yet whether any personal injury suits have been filed.

For entire article, click here

June 13, 2008

3 Injured in Another Crane Accident

Construction at the new Cowboys stadium hit a bump on Thursday when three workers were injured in a construction accident. The workers were on a crane when cables and equipment fell from another crane, forcing them to jump off the one they were standing on. Three workers were injured, one critically so, from the fall. One was taken by helicopter to a hospital, the other two taken to the same hospital by ambulance. This accident occurred just one day after a worker was killed in a crane accident at another construction site. While all three men are known to have been conscious during transportation to the hospital, it is still unknown what the extent of their construction injuries were. The size of any site when the end product is a structure like a stadium makes construction accidents and injuries like the one involved here practically inevitable. Since the extent of any injuries is as of yet unknown, it is hard to determine whether any personal injury lawsuits, workers’ compensation claims, or even wrongful death lawsuits will be filed.

Read more here.

June 13, 2008

Train Derailment Leaves Investigators Stumped...Literally

A multi car train derailment leaves investigators baffled. A train accident involving four locomotive cars and sixteen freight train cars where derailed off the tracks due to an obstruction placed on the train tracks. Investigators said that two large tree stumps were placed on the train track in an attempt to have a train accident occur. As of now a large award is being offered to anyone who has information about who placed the stumps on the track. A few crew members were aboard the train and one was taken to the hospital for personal injuries he sustained. To read the more and see the outrageous picture of the multiple train accident crash click here.

June 13, 2008

Chicago Fire Injures Two, One Critically

A fire on Chicago’s South Side resulted in two serious personal injuries. The potentially deadly fire occurred early Friday morning in the 1800 block of South Troy Street. By the time the Chicago Fire Department had arrived, the fire was at full force and an 88-year old woman had already escaped and collapsed outside the building, where firefighters found her in stable condition. Firefighters also rescued another victim, a 50-year old man, who was stranded on the second floor of the building. The two residents were taken to St. Anthony Hospital, where the second resident remains in critical condition. In addition to the two serious injuries, an undetermined number of other residents were displaced due to the fire. Officicals from the Fire Department have not commented on the cause of the fire and no personal injury law suits have been filed relating to the matter.

To read the full article, click here.

Continue reading "Chicago Fire Injures Two, One Critically " »

June 12, 2008

Former Tort Reform Advocate Realizes the Harm from Damage Caps

A former tort reform advocate recently discovered the degree of harm tort reform measures can cause on wronged patients. The advocate, a medical oncologist and an original force behind his state’s tort reform movement, admitted that tort reform has had the unintended consequence of juries denying admittedly wronged patients any recovery. He referred to a case where a pathologist misdiagnosed a woman leading to years of physical, mental, and economic harm to the patient. Following a jury trial, a verdict was returned for the woman, but the jury refused to grant her any damages. The jury’s decision was influenced by a misguided fear created by advocates of tort reform that the physician would leave the state before compensating the injured woman. This case illustrates how tort reform measures have resulted in many patients being forced to pay for physician negligence out of their own pockets, a result not even the most ardent advocates of tort reform would support.

For the full article, click here:

June 12, 2008

Northwestern Student’s Death Tied to Alcohol Consumption

Matthew Sunshine, 19, of Cold Spring Harbor, N.Y., was found dead in his dorm room on Tuesday. School officials are still investigating, but say that his death was caused by excessive alcohol consumption. There is no word yet whether the accident was related to a fraternity party or any other social event associated with the school. The fact that the student was found dead in his dorm room creates the potential for a wrongful death or negligence law suit against the school.

For full article, click here

June 10, 2008

Boeing 737 Crashes, One Lucky Toddler Found Alive

An accidental airplane crash occurred just minutes ago. The large airliner crash held nearly 115 passengers. It is unlikely that any passengers will survive the plane accident. If any passenger is lucky to do so they will most likely suffer burn injuries or personal injuries to a drastic extent given observations of a plane in flames. One small boy suffering from burn personal injuries was rushed to the hospital, he is thought to be the only plane crash survivor. No news yet on if any plane crash lawsuits will be filed against potential defendant plane manufacturer Boeing. To see the breaking news on this story and an image on this potential aviation lawsuit click here.

June 10, 2008

Second Incident at Bloomer’s; No Deaths or Injuries Reported Yet

For the second time in three days, paramedics and firefighters rushed to the Bloomer’s Chocolate factory near the Loop to put out a small fire. While the fire did not cause any injuries, officials were concerned that it might be related to a chemical reaction that led to the death of a worker on Sunday after he inhaled hazardous toxins. The fumes were emitted after an unknown chemical mixed with a vat of chocolate, creating a deadly combination. It is unknown whether the two incidents were related at this point. Two investigators from the Occupational Safety and Health Administration (OSHA) were inspecting the Blommer’s factory Monday to make sure no further injuries occurred. In addition, an investigator from the Chicago Department of Public Health was sent to the factory to insure that the chocolate was safe. So far, no wrongful death lawsuits have been fired and there has not been a personal injury suit related to either incident.

To view entire article, click here

June 9, 2008

Infamous CTA Third Rail Electrifies Again

Chicago, Illinois death occurs after a man is found injured and dead on the CTA brown line. The Cook County death of the man thought to be in his early 20s is currently under investigation. The CTA’s “L” line has been the subject of many notorious CTA accidents, injuries and death over the past few weeks. Although the cause of today’s most recent CTA accidental death or other cause is unknown everyone in Chicago, Illinois can hope that this will be the last personal injury accident. As gas prices keep on rising the CTA has seen increased passengers all who are at risk for L train injuries and accidents. To see the full story on this current investigation click here.

June 8, 2008

Chicago Police Department Paying Heavily for Negligent Shooting of Grandmother

Negligent Chicago police are held liable for the shooting of a Chicago, Illinois grandmother. A personal injury lawsuit and a wrongful death lawsuit were both filed against the police after a grandmother was shot and killed while protecting her grandson from gun fire. The gun shot injury left the Chicago family with a half a million dollar personal injury settlement and wrongful death settlement, a sum that does little to heal the emotional wounds of the shooting. Chicago Police Department negligence is an unfortunate reoccurring problem which comes in the wake of many public stories including personal injuries from police beatings and personal injury related deaths from police crossfire. To read the full story click here.

June 8, 2008

Hazardous Fumes Kill One Worker, Injure Three at Famous Chicago Chocolate Factory

A Chicago man died Sunday after being exposed to deadly fumes at Chicago’s famous Bloomers Chocolate Factory on 600 W. Kinzi. Officials from the Chicago Fire Department stated that Geraldo Castillo, 30, of the 1700 block of West Olive Avenue in the Edgewater neighborhood was taken in critical condition to Northwestern Memorial Hospital and pronounced dead shortly thereafter. A Fire Department spokesperson said that an unknown chemical substance somehow mixed into the chocolate and triggered the deadly chemical reaction. In addition to Castillo’s death, three other workers were injured after being exposed to the hazardous gas and taken to area hospitals. There is no word yet how the accident occurred or whether Castillo’s family has filed a wrongful death lawsuit. The factory may also be liable to the three injured workers for personal injury law suits or workers compensation claims.

For the entire article click here


June 7, 2008

Levin & Perconti Will Sponsor the American Constitution Society for Law and Policy

Levin & Perconti will sponsor the American Constitution Society for Law and Policy’s Chicago Lawyer Chapter this coming year. ACS is a national organization of lawyers, judges, law professors, law students, and policymakers that seek to ensure that the fundamental principles of human dignity, individual rights and liberties, and equality and justice continue to hold their central place in American law.

June 6, 2008

Metra Train Strikes, Kills Pedestrian

An outbound Metra Train struck a pedestrian in Wheaton, Illinois Friday morning during the morning commute. Authorities have stated that the man was killed by the Metra Train, but have declined to say whether operator error was to blame, which could make Metra liable for a wrongful death lawsuit.

For entire article click here

June 6, 2008

ComEd Worker Injured In Accident On Chicago’s West Side

http://www.illinoisinjurylawyerblog.com/burn_injury/A ComEd worker was burned in an electrical explosion in the 5100 block of West Roosevelt Road, in an area of the North Lawndale neighborhood that borders Cicero. The employee was in a manhole when the piece of equipment he was working on malfunctioned, resulting in an electrical discharge that burned his skin. The Chicago Fire Department took the burn victim to Mt. Sanai Hospital, but he was later transferred to the burn unit at Loyola University Medical Center in Maywood, where he remains in critical condition. There is no word yet whether anyone was at fault for the accident or whether the victim or his family have decided to file a personal injury lawsuit in the matter.

For the complete article click here

June 5, 2008

Family of Chicago Man Files Wrongful Death Suit Against Off-Duty Officer Who Killed Him

An off-duty Illinois police officer is said to have shot and killed a Chicago man in February. Christopher Lloyd, a police officer in Robbins Village allegedly shot Cornel McKinney, his ex-wife’s current husband, in the victim’s front yard after the two men got into a fight. The medical examiner found that McKinney had been shot 24 times, but at the time of the incident, the Chicago Police Department stated that the victim was shot only four times. Lloyd was released quickly after the killing occurred, as police found that he had acted in self defense. With the investigation into the incident still ongoing, the victim’s wife filed a wrongful death lawsuit, partially instigated in order to get the CPD to finish its investigation. The lawsuit names both Lloyd and his employer, the Village of Robbins as defendants. The victim's wife could end up receiving compensatory damages for her late husband's medical expenses, funeral expenses, lost benefits (such as insurance), loss of inheritance from the untimely death, as well as for her own suffering for loss of companionship and her mental anguish. Additionally, the Village and Lloyd could be forced to pay punitive damages.

Read more here.

June 5, 2008

University of Illinois to Train Workers to Work More Safely

The University of Illinois has established a program it hopes will help cut down on work-related accidents and injuries. The program, the Employee Protection Process, encourages workers to be aware of their surroundings and identify potential risks before performing tasks. The University hopes the program will not only diminish the amount of construction accidents, but also injuries that take place in the office. Illinois believes that the program will help reduce the amount of workers’ compensation claims and personal injury law suits.

To see full article click here

June 4, 2008

Toddler Dead, Pilot Injured in Plane Crash

A two-year-old girl was confirmed dead by her grandfather today after she was injured in a plane crash. The girl had been traveling to seek medical treatment for a birth defect. Taking off Tuesday, the single-engine plane crashed causing injuries to the minor child. The pilot, a man from Illinois, also suffered injuries as a result of the crash. The flight had been set up by Angel Flight Central Inc., which pays for flights for people in need who are flying for health care reasons. It is not yet known what the cause of the crash was, but investigations will likely reveal whether there is a product liability issue or if there was a human error, and may reveal whether wrongful death lawsuits or personal injury lawsuits will be filed.

Read more here.

June 4, 2008

Chicago Cop Injured In South Side Car Accident

A Chicago Police Officer was injured Wednesday morning after his squad car was involved in a three-car crash at West 79th Street and South Damen Avenue on Chicago’s South Side. Gresham District police Lt. John Brundage stated that the officer was taken to Advocate Christ Medical Center in Oak Law after the car accident, but did not comment on the extent of his injuries. There is no word yet on the condition of the other drivers, or whether negligent driving caused the crash.

For complete story click here

June 4, 2008

Worker Killed in Accident at Caterpillar Site

On Tuesday a contract worker hired for certain services at a Caterpillar Technical Center in Mossville, Illinois was involved in an accident and suffered severe personal injuries resulting in death. The as of yet unnamed worker, whose identity will not be released until his family is notified, was pronounced dead at a Peoria hospital, where he had been taken after the accident. No other information about the accident has been released, but Caterpillar manufactures construction equipment, so this may have been a construction injury. Pending further information about the accident, it has not yet become clear who is at fault or whether a personal injury lawsuit, construction accident lawsuit, and/or a wrongful death lawsuit will be filed.

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June 3, 2008

College Baseball Team Can't Beat Bus Fire

A college baseball team was caught in a bus accident on their way back from a game. The bus caught on fire but the students were lucky to escape serious personal injuries. The fire however destroyed all their equipment and personal belongings on the bus leaving the bus crash site as the resting place for many baseball mitts and caps. The bus crash and fire are believed to have begun when a tire blow out left the bus in flames. To read the full story click here.

June 3, 2008

Workers Started Fire at Universal Studios, Fire Chief Announces

A streetscape of New York, the King Kong attraction, the courthouse square from such movies as “Back to the Future” and “To Kill a Mockingbird,” a set used in “Spider-Man 2” and “Transformers,” and a archive vault were all engulfed in flames early Sunday at the Universal Studios back lot. According to the Los Angeles County Fire Chief, the flames and resulting massive damage were caused by workers using a blowtorch to apply shingles to the roof of a movie set building façade. However, the problem may have been complicated by low water pressure possibly increasing the time it took fire fighters to put out the blaze; although the studio’s water systems were up to current code, the fire fighters still had to use ponds and lakes at Universal Studios. The fire continued for many hours, over twelve, but did not spread past the back lot where it began. Luckily, no one was severely injured in the fire, the 40,000 to 50,000 videos from the vault that were destroyed in the fire had been duplicated, and none of the pricey and in demand soundstages were harmed. However, a number of firefighters and one sheriff's deputy did incur some injuries from the fire. The theme park portion of the Universal Studios lot was able to reopen Monday and tourists applauded the firefighters still present as they passed by the burnt streetscapes. There is no word yet whether any personal injury lawsuits will be filed in relation to this immense fire.

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June 3, 2008

CTA Train Rail Derails, Injures Passenger

A CTA Red Line passenger was injured at 2 a.m. Tuesday morning after the train derailed along the Dan Ryan Expressway. The Chicago Fire Department stated that the passenger was taken to Little Company of Mary Hospital and Health Center in Evergreen Park and treated for minor injuries. Power was shut off in both directions to the southern end of the Red Line for several hours while crews worked on the scene, but was restored in time for the morning commute. This Chicao Transit Authority accident comes less than a week after a CTA Green Line train derailed along 59th Street on the South Side last Wednesday. 14 people were injured in that incident. There is no word yet whether the injured passenger has or will file a personal injury lawsuit.

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June 2, 2008

Chicago Loop Fire Causes Injuries

Four people were rushed to area hospitals and treated for injuries Wednesday after a fire erupted on the rooftop of 45-story Loop office tower at 500 W. Monroe in Chicago, Illinois. Faulty electrical wiring caused the loop high-rise fire that prompted hundreds of workers to evacuate the downtown office building, leaving at least four injured.

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