July 31, 2008

Jalapeno Peppers May Be Source of Foodborne Salmonella Breakouts, Could Cause More Injuries

Jalapeno peppers and jalapeno pepper products may be the source of suspected salmonella outbreaks in US consumers. Previously thought to be tomatoes, it appears that jalapeno peppers from Mexico may carry salmonella bacteria. This recent update shows that US food products may be unsafe and could cause personal injuries from foodborne illness; there are no reports as of today for any products liability lawsuits involving tainted jalapeno peppers.

July 31, 2008

Video Shows Anatomy of a Bus Accident

This news footage video shows the anatomy of a bus accident that resulted in 11 deaths. Bus accidents can often result in personal injury and may require consulting with a bus accident lawyer because of unreliable safety features or driver error.

July 30, 2008

Teen Decapitated by Six Flags Rollercoaster Ride

An amusement park accident has claimed the life of a teenager. The teen was decapitated by a rollercoaster at a Six Flags park. The teen was struck and killed by the rollercoaster while it was going full speed. Amusement park accidents and amusement park injuries are more common in summer months when attendance swells.

July 30, 2008

Lawsuit Filed Against Kroger for E Coli Outbreak

The Kroger Company, a large grocery store chain, has been named in a second lawsuit for last month’s E. coli outbreak in Michigan and Ohio. An Ohio resident filed the lawsuit after contracting E. coli from ground beef purchased at a Kroger store. As a result of the E. Coli, the man experienced severe intestinal problems, and though a recall was ordered of over 500,000 pounds of beef, the injuries experienced are allegedly a result of Kroger’s negligence.

For more information, click here:

July 30, 2008

Illinois Man Drowns

An Illinois man apparently drowned this weekend while he was swimming to a raft. James Spurgeon, of Lisle, Illinois, was pronounced dead Sunday afternoon. Witnesses saw him swimming to a raft when he began struggling and went underwater. After he failed to resurface, a witness jumped into the water and began searching, but it was estimated that the victim was under water for about 10 minutes. The county coroner is investigating what caused him to struggle, a prior medical condition and drugs or alcohol have already been ruled out. Read more here.

July 28, 2008

Case Law Update: Admissibility of Expert Testimony

The Illinois Appellate Court reviewed Wartalski v. JSB Construction and Consulting Company and affirmed the trial court's holding in a personal injury lawsuit that the defendants were not required to file a 2-1202 post trial motion challenging the trial court's admission of treating physicians' testimony that plaintiff's exposure to UV radiation caused his facial dystonia, in order to preserve the issue for appeal. However, trial court was not required to conduct a Frye hearing before admitting testimony from plaintiff's treating physicians that plaintiff's exposure to unshielded ultraviolet lamp caused damage to his 7th cranial nerve and resulting dystonia.

July 25, 2008

Fuselage Hole Forces Emergency Stop for Qantas Airplane

An airplane carrying 346 passengers was forced to make an emergency landing today after a hole equaling the size of a small car causing the pilot to make a rapid descent while over the South China Sea. It appears that a section of the fuselage simply gave way during the flight, which caused rapid decompression in the aircraft. Wind and condensation were reportedly swirling around the cabin. An investigation will ensue to determine the cause, which could have been metal fatigue or a manufacturing defect. To read more, click here.

July 24, 2008

On the Lighter Side: Video Parodies Insurance Company Rules

As many personal injury lawyers and accident vicitms know, insurance companies often seem to change their rules at will. This recent video takes a more humorous path to raising awareness about consumer problems with insurance company policies and procedures. The video is a product of a a collaboration between Health Care For America Now (HCAN) and Public Service Administration (PSA).

July 23, 2008

Biker Killed in Chicago’s Logan Square

An Illinois man was killed last night after he crashed his motorcycle into a viaduct in Chicago’s Logan Square neighborhood. He lost control of his bike which then hit a curb and finally ran into the viaduct. He was taken to Northwestern Memorial Hospital but pronounced dead with an hour. No one else has been reported injured. Read more here.

July 22, 2008

Ramp Collapses at Casino

Tuesday morning a ramp collapsed a at a casino construction site. As many as 12 construction workers suffered minor injuries when they plunged into Lake Michigan after the ramp collapsed. Between 10 and 12 of the workers were transported to local hospitals, mostly with minor cuts and bruising after the accident, which occurred at about 8 am. Read more here.

July 22, 2008

Pool Company Maybe to Blame in Drowning

A swimming pool company president has been charged with second degree murder for the drowning death of a 6-year-old child. The boy was in the pool when his arm became trapped by the suction on the drain pump. The Shoreline Pools President allegedly recklessly caused the death after failing to have Shoreline install mandatory safety devices when the company built the pool for the child’s family. Police claim that those safety devices would have prevented the accident. In that past 23 years, more than 150 people have been injured or died as a result of pool drain entrapments. Read more here.

July 21, 2008

Deadly Balcony Accident

A Chicago man died after falling from a second-floor balcony of his residence in Roscoe Village. The fall caused multiple injuries which resulted in his ultimate death. He had fallen from the balcony and landed on his head, but when police arrived at the scene he had no visible injuries. The medical examiner’s office ruled the death accidental, but there is no word yet whether there were any safety defects with the balcony. Read more here.

July 21, 2008

Asbestos Litigation Multi-Billion Dollar Industry

Personal injury litigation related to asbestos is expected to reach $140-200 Billion in coming years, according to comments before an EPA panel. Preventable diseases related to asbestos have climbed in recent years with staggering numbers. However, the EPA is considering lowering its standards for what types and amounts of asbestos and asbestos containing products are acceptable. In response, doctors, scientists, and public health advocates are lobbying to keep the current standards. Opposition comes from corporations that still use or market asbestos containing products. Experts have suggested that defendant corporations have gone to great lengths to reshape the literature on asbestos in an effort to minimize their liability for personal injuries inflicted by their products.

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July 16, 2008

One More Killed in CTA Accident

Tuesday evening, during rush hour, a woman was struck and killed by a Chicago Transit Authority Red Line train. Friehiwet Tahir, who resides in the 500 block of North Ridgeway Avenue, was pronounced dead on arrival, said the medical examiner’s office. Cause of death for the CTA victim has not been ruled. The accident forced the CTA to shut off power at the Argyle Street station going both directions for almost two hours. Dozens of people who were on trains when the power was cut were evacuated onto buses. This was the third transit related death in Chicago in two days. Read more here.

July 15, 2008

Man Struck By Metra Train

A pedestrian struck by a Metra train passed away from injuries sustained in the accident Monday evening. The train, which left Chicago at about 6:40 pm struck the man at about 7:00 pm. There is no word yet whether the train operator is liable or if the man contributed.

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July 15, 2008

PACE Bus Accident Causes Injuries in a Chicago, Illinois Suburb

A PACE bus accident resulted in injuries to a woman and injuries to three children. The bus accident occurred when a PACE bus hit four pedestrians in a Chicago, Illinois suburb. Luckily the pedestrian victims sustained only minor personal injuries. The PACE bus accident occurred in the Chicago, Illinois suburb of Oak Park, late Monday evening. The negligent bus driver was cited for failing to yield for pedestrians, likely the cause of the pedestrian bus accident. To read more about the personal injuries sustained by the accident victims click here.

July 15, 2008

Chicago, Illinois CTA Blue Line Accident Leaves One Dead

Another Chicago, Illinois CTA accident occurred early yesterday morning. This time the CTA blue line was the sight of the CTA “L” accident. A man was hit by a CTA train car, Chicago, Illinois police are currently investigating the most recent CTA accident. Over the summer several fatalities have occurred when people were hit by CTA trains and CTA cars. The most recent incident according to witnesses occurred when the man jumped in front of the CTA car. Hopefully the CTA will implement stricter security and new ways to avoid such tragedies. After a wave of CTA accidents, CTA car accidents and CTA pedestrian accidents some changes need to be made. It is unlikely that the CTA blue line will be the last accident sight of its kind this summer. To read the full story click here.

July 14, 2008

Family of Cicero Man Wins $7.5 Million in Wrongful-death Lawsuit

The family of a Cicero man who was killed by a drunk driver due to the negligence of a Cicero police officer was awarded $7.5 Million in a wrongful-death lawsuit. The man was killed after being pinned against the back of a police squad car when he was struck by a drunk driver. Cicero police had stopped to break up a fight involving the man. However, in so doing, the officers directed the man to stand on the street, neglecting to activate any emergency lights. The drunk driver had been traveling at 74 m.p.h., police said.

For the full story, click here:

July 14, 2008

Girl Biking Hit by Police Car

Shortly before 9 pm on Saturday, a girl was hit while riding her bike by an unmarked police car. Shavon Benson, 9 years old, was released from Mount Sinai Hospital on Sunday, after being taken there in stable condition after the car accident. The incident remains under investigation, as of yet there have been no citations issued. The girl was struck in an alley in the 1900 block of South Harding Avenue in Chicago, Illinois in the city's West Side neighborhood Lawndale. Read more here.

July 14, 2008

Backover Accidents Often Result in Death and Injuries to Children

Backover accidents and backover deaths occur when cars pulling backwards are unable to see people in the rearview mirror. Often times children not viewed in a rearview mirror will be run over by cars. As cars get bigger vehicles like SUVs (Sports Utility Vehicles) often make it hard to view people behind a car running the risk that a car will run over a child. A car backover accident caused one Chicago, Illinois suburban family to face tragedy after a father ran over his son with the car. The accident caused the child serious personal injuries, fortunately he did survive. Child deaths have skyrocketed from accidents due to backover accidents, children heatstroke in cars and power window entrapment accidents. The increase in incidents has lead to congressional legislation addressing the problem; the legislation is co-sponsored by an Illinois Representative. To read more on the legislation and the car accidents that prompted its passing click here.

July 14, 2008

Children's Toys, Children's Cribs and Children's Car Seats: The Unknown Risks of Consumer Products

Anyone worried about child safety consumer products here is a link for you. An investigative report has found that many children toy recalls have followed after children have suffered serious injuries and even death following playing with toys with magnets. The serious personal injuries suffered by children nationwide caused Chicago, Illinois reporters to look into the situation. Investigations have pushed congressional legislation to address safety in children’s toys. Additionally many children’s car seats and children’s cribs have been recall due to safety hazards. Product liability suits can result from the use of defective cribs and defective car seats which may put a child’s life in danger. To read several articles about these current news issues and to see videos discussing safety tips for consumers click here.

July 14, 2008

Children's Toys, Children's Cribs and Children's Car Seats: The Unknown Risks of Consumer Products

Anyone worried about child safety consumer products here is a link for you. An investigative report has found that many children toy recalls have followed after children have suffered serious injuries and even death following playing with toys with magnets. The serious personal injuries suffered by children nationwide caused Chicago, Illinois reporters to look into the situation. Investigations have pushed congressional legislation to address safety in children’s toys. Additionally many children’s car seats and children’s cribs have been recall due to safety hazards. Product liability suits can result from the use of defective cribs and defective car seats which may put a child’s life in danger. To read several articles about these current news issues and to see videos discussing safety tips for consumers click here.

July 14, 2008

CTA Bus Turns Into Ball of Fire

A packed Chicago Transit Authority bus erupted into flames Sunday night as it traveled along Lake Shore Drive. The CTA driver failed to stop the flaming bus for at least a minute after the rear engine caught fire, despite warnings from passing cars and pleadings from petrified passengers. Potential for serious injury was high because the bus was traveling at full capacity. Luckily, however, the only injury was reported after a man was taken to a nearby hospital for smoke inhalation. There is no word yet whether any of the passengers will file a law suit in the matter.

For the entire article, click here

July 11, 2008

CTA Bus Slams into Pole

This afternoon a Chicago Transit Authority bus slammed into a pole in the Avalon Park neighborhood. At a little past 1:30 pm five ambulances rushed to the scene where 10 passengers were being evaluated for injuries by paramedics. It is not yet known what injuries from the motor vehicle accident, if any, were suffered by those passengers. Read more here.

July 11, 2008

Family Sues City, Cop After Killing

The family of Aaron Moss, who died after being shot by a police officer has now filed suit against that cop and the city of Danville, Illinois. Rose Moss, who is from Chicago, Illinois, alleged that the officer acted maliciously, willfully, and wantonly when he shot Aaron Moss, and seeks damages in excess of $1 million for counts including wrongful death and excessive force. At the time of the shooting, Moss was running from police by foot, after officers were called because of an argument which Moss was involved in. A sheriff’s investigation into the incident absolved the officer after determining that Moss had been carrying a stolen gun with a live round in it while being chased. Read more about the lawsuit here.

July 11, 2008

Deadly Train Accident Leads to Wrongful Death Suit in Chicago, Illinois Cook County

A train accident that left one man dead after being run over by a train has lead to a train accident lawsuit. The widow of the deceased victim has filed a wrongful death lawsuit against the negligent train owner. The wrongful death lawsuit claims damages for pain and suffering, medical care and funeral expenses. The suit filed in Chicago, Illinois Cook County alleged that the negligent railroad company failed to sound horns to alert the man who was on the tracks. To read the full story click here.

July 11, 2008

Chicago, Illinois Family Files Wrongful Death Lawsuit after Boating Accident Results in Drowning

A Chicago, Illinois family has filed a wrongful death lawsuit against a boat company. The boat company rented the deceased a boat without warning him that the local river was closed due to flooding. The wrongful death suit claims that the boat company was negligent and that as a result the boating accident could have been prevented. The boat accident resulted in an adult drowning and luckily two other boaters were saved while drowning by an onlooker. The suit also maintains that a defective product life vest was given to the deceased. The life vest was also rented from the boat company. To read the full story on this wrongful death negligence lawsuit click here.

July 9, 2008

Allstate Insurance Company Receives Worst Company Rating in New Study

Allstate Insurance Company, a company based in a northwest Chicago, Illinois suburb was declared in a recent study to be the worst insurance company nationwide. Allstate Insurance Company which is known for insuring those in car accidents, those who sustain serious personal injuries in situations ranging from motor vehicle accidents to house fires got the study’s worst rating. Allstate is criticized for putting its profits over the safety of its insured. Those who have suffered personal injuries and were rejected by Allstate to be covered in motor vehicle accident may know all too well how the Company works. To read more about this disappointing story on the near Chicago, Illinois based insurance company click here.

July 9, 2008

Managment Company for CHA Suspended After Boy's Family Files Wrongful Death Law Suit

The Chicago Housing Authority suspended its contract with Urban Property Advisors' at the Cabrini-Green Rowhouses two weeks after a three-year old boy was killed when an old, rusted gate crushed him. The family of the boy has filed a wrongful death lawsuit against against UPA, stating that it was at fault for the accident. In a recent statment, the father of the deceased boy said that he was happy that CHA had suspended its contract with the neglegent management firm.

For entire article, click here

July 9, 2008

Victoria's Secret: Chemicals Leading to Rashes used in the Chain's Fabrics

Dangerous products and dangerous chemicals used in the fabric of Victoria’s Secret bras has lead to a wave of product liability lawsuits against the company. The manufacturer lawsuit may be granted class action lawsuit status in the upcoming days. Negligent manufacturing of the bras has caused consumers to sustain personal injuries such as rashes and other medical side effects. To learn more about the potential product liability lawsuit click here.

July 7, 2008

Fireworks Crowd Injured By Malfunction

Thirty-seven people were injured by fireworks Friday night when Fourth of July fireworks misfired and sent a fireball into the crowd of onlookers. Twelve people who were injured there were taken to a local hospital and treated for their injuries. All were released by the end of the weekend. Apparently the incident occurred after 13 racks of firework tubes misfired during the finale of the show. The cause is not yet known, but remains under investigation, once that is determined there is a possibility that personal injury lawsuits will be filed. While the injuries in this case were all minor, the accident shows the dangers of fireworks. To read more, click here.

July 7, 2008

Disabled Woman Assaulted by Ambulance Driver

A physically disabled woman has filed a personal injury lawsuit after an ambulance service driver sexually assaulted her on multiple occasions. The suit is one of the largest of its kind, seeking $12 Million. The woman, who is paralyzed below the waist, is seeking $8 Million in compensatory damages and $4 Million in punitive damages for physical and psychological injuries. Much of the damages sought are for future care resulting from the incident. The woman has been receiving psychological treatment as a result of the assaults and continues to suffer from severe fears, night terrors, depression, anxiety and psychological phobia of unrelated males, all due to the incident.

For more information, click here:

July 7, 2008

Pool Drowning Leaves Chicago, Illinois Suburban Youth Death

A swimming pool drowning left a teen dead last week. The pool accident occurred when the youth drowned in an apartment complex’s swimming pool in a Chicago, Illinois suburb. The accident occurred after the teen and several friends trespassed into a gated swimming pool at night. The incident was declared an accidental drowning even though the teen did know how to swim. To read about this tragic incident and some safety swimming tips click here and drowning first aid click here.

July 3, 2008

Case Law Update: Surveillance Videos In Evidence

In Donnellan v. First Student, No. 1-06-2418 (June 24, 2008) the 4th division affirmed the trial court and held that a Six Million Dollar verdict for plaintiff, who suffered traumatic brain injury when his cargo van was struck from behind by school bus is not excessive despite lack of claim for wage loss. Further, trial court did not abuse its discretion when it allowed day in the life film to be used as demonstrative evidence but rejected defendant's surveillance video.

The surveillance video, because of obstructions to view and editing, had great potential to unreasonably prejudice the plaintiff. In addition, testimony of physician at Frye hearing that he has used SPECT machine as diagnosis tool for over 15 years and that use of test is taught in medical school is sufficient to allow his testimony that plaintiff's scan is consistent with traumatic brain injury under both Daubert and Frye; and other doctors were properly allowed to testify that they used test results to assist them with diagnosis.

July 3, 2008

Past Firework Injuries in Illinois

In 1998, the Division of Fire Prevention compiled at list regarding firework associated injuries in Illinois. The list was compiled from data at more than 200 area hospitals for a four-week time period surrounding the Fourth of July regarding patients who suffered injuries after a firework accident. That year, there were 172 firework related injuries. The largest number of injuries affected fingers at 23%. Firecrackers accounted the largest amount of injuries at 34 incidents, which was 20%. The leading type of injury were burn injuries, which accounted for nearly half of all the injuries. Some other types of injuries were lacerations, abrasions, fractures, loss of sight, dismemberment, hearing loss, and fatalities, with 6 people dying from their fireworks related injuries. Be safe this Fourth of July and watch a public display of fireworks.

To see more of the compiled data, click here.

July 3, 2008

Amusement Park Death Leads to Safety Changes

The death of 17-year-old Asia LeeShawn Ferguson at a Six Flags has forced the amusement park to make safety changes. Ferguson died on Saturday after he entered a restricted area under a roller coaster that was in motion; he was decapitated and died at the amusement park. While the ride already reopened, State Labor Commissioner Michael Thurmond has told the park to make its restricted area warning signs bigger, put more of them up, and include the words “extreme danger” on them. These changes must be made within 10 days. This forced change may imply that the amusement park had some fault in the incident, which could affect whether Ferguson’s family will seek to file a wrongful death lawsuit.

Read more about the new safety requirements here.

July 3, 2008

Chicago, Illinois Residents Should Take Preventative Measures by Following Firework Safety Tips

Continue reading "Chicago, Illinois Residents Should Take Preventative Measures by Following Firework Safety Tips" »

July 3, 2008

Mining Construction Accident Leaves 18 Dead and 10 Injured

A mine collapse has killed nearly eighteen people and caused personal injuries to another ten miners who remain alive. The mine collapse accident comes in the wake of earthquakes that have hit the region. An investigation has been launched to see what caused the construction accident. There may be a potential premises liability claim against the company who owns the mine. As of yet no wrongful death suits or personal injury suits have been filed against the mine’s owner. To read the full story click here.

July 2, 2008

Family of Chicago, Illinois Boy Killed in Gate Accident Files a Wrongful Death Lawsuit

A gate accident that caused serious injuries and death to a young Chicago, Illinois boy has turned into a lawsuit. A wrongful death lawsuit has been filed against the negligent management company who was responsible for the gate. Construction accidents and premises liability lawsuits occur when management and property owners are negligent and do not make sure their machines and their properties are in safe conditions. The Chicago, Illinois gate accident has resulted in the wrongful death suit on behalf of the boy who was only three when he perished. Chicago municipal code violations may also be investigated further in the case. To read the most current update on this story click here.

July 2, 2008

Drowning in Woodstock

A landscaper from Illinois died this week after drowning in a pond. The man, Hugo Mercado, 23, was working at Well Manufacturing in Woodstock, Illinois when he apparently fell in a pond on the property. At 4:45 p.m. on Monday, police and paramedics were called to the location and found his body floating face down in the pond. Mercado was known to have had a seizure disorder, but it is not clear whether that played a role in his drowning. While Mercado was working in the yard and fell into a pond, summer time may entail increased numbers of drownings as pools are used more frequently. To read more about Mercado’s death, click here.

July 1, 2008

Child Death on Chicago Housing Authority Property Related to Building Code Violations

Building code violations in a Chicago, Illinois building may have caused the death of a three year old child who died after suffering premises liability injuries. Chicago code violations in the area surrounded the iron gate that killed the boy. Faulty repairs to the gate may have caused the gate premises accident. As questions remain on the liability for the boy’s death one thing remains clear that an innocent Chicago, Illinois boy died on Chicago Housing Authority grounds. The management company of the premises may be liable for the faulty housing area. To read more on this story click here.

July 1, 2008

Hidden Dangers of Fireworks

In 2007 in Illinois, 125 people received medical care at hospitals for injuries caused by fireworks. Mostly, teenagers and children were injured by fireworks. To blame for the injuries could be novelty fireworks, like snakes and sparklers, which parents often give to children assuming they are safe. However, these fireworks can be equally as dangerous as the fireworks that are illegal in Illinois. Sparklers burn at temperatures up to 1,200 degrees Fahrenheit and 23 percent of emergency visits related to fireworks were attributed to innocent sparklers. Aside from the injuries that sparklers can cause, they can also ignite fires. Last year, fireworks caused almost 100 fires across Illinois, which in turn caused injury to five firefighters and resulted in over $1 million in property loss. The safest way to enjoy fireworks is to go to a public display.

To read more about the dangers of fireworks, click here.

July 1, 2008

Chicago, Illinois Housing Becomes Home to Tragic Death of a Three Year Old

A Chicago, Illinois premises liability suit may arise after a gate accident occurred. A tall steel gate fell and cause a minor death, a three year old boy. Building code violations should have previously warned Chicago, Illinois officials of the faulty building construction. The premises liability falls on Chicago, Illinois officials as the building was under control of the Chicago Housing Authority. The construction accident occurred when a rusted gate fell and killed the innocent three year old. There is no word yet if a personal injury lawsuit or a wrongful death lawsuit will be filed. To read about this recent premises liability accident click here.