September 30, 2008

Case Law Update: Statute of Limitations in Priest Sexual Misconduct Case

Doe v. Diocese of Dallas, No. 106546 posed the question of whether trial court properly dismissed as time-barred plaintiff's complaint alleging that he was sexually abused in 1984 by Catholic priest at time when other allegations of sexual misconduct had been lodged against said priest? Appellate Court, in reversing trial court, agreed with plaintiff that 2003 amendment to applicable limitations statute (735 ILCS sec. 5/13-202.2) could be applied retroactively to revive plaintiff's stale claim since plaintiff alleged that instant lawsuit was filed within five years of discovery that his injuries had been caused by sexual abuse that had allegedly occurred in his childhood. This decision will have an impact on many people wishing to file sexual abuse cases against the clergy.

September 29, 2008

Case Law Update: Right of Access to Land in the Drainage Code

Halpin v. Schultz, No. 106537, presented the question as to whether the trial court properly granted plaintiffs' request for declaratory judgment in action seeking right of access to defendants' land to replace and repair drainage tile for purposes of allowing water to drain from plaintiffs' property? Appellate Court, in reversing trial court, found that trial court failed to make findings required by the Drainage Code with respect to issues pertaining to future damages to defendants' fields and location of discharge point and also failed to compensate defendants for use or damage occasioned by plaintiffs' access to defendants' land. This third district decision will have an impact on premise liability cases.

September 29, 2008

Case Law Update: Automobile Collision Lawsuits May be Consolidated

Busch v. Mison, No. 1-07-2112 (0/17/08) determined that personal injury lawsuits arising out of same automobile collision, one from municipal division, and one from law division, that were consolidated for discovery and trial, were merged into one lawsuit. Therefore, there was a rejection of arbitration award by a plaintiff in municipal case, although caption used was for the municipal division case, which was effective to reject each part of arbitration award. This decision will impact both personal injury and automobile accident lawsuits.

September 26, 2008

Family of dead miner seeks workers’ compensation benefits

Before he died from injuries sustained in a mine disaster, the deceased man regularly sent money to Mexico to support his disabled parents and to pay for two younger sisters. His parents contend that the miner was their sole source of support and as a result, they are entitled to his workers’ comp benefits of roughly $2400 per month.

For the full article.

September 26, 2008

Metra Train Kills Pedestrian

A train fatally struck a pedestrian in Chicago’s northwest suburb of Arlington Heights, delaying train service. The pedestrian was struck by the train either right at or right near the Arlington Heights, Illinois station according to a Metra Spokesperson. The Cook County Medical Examiner’s office stated that the person died directly after being struck by the train. The police are investigating the incident to determine what the cause of the train accident. These investigations will delay Metra service in the Chicago suburbs. To read the full story, click here.

September 25, 2008

Toys “R” Us ordered to release list of all injuries since 2001

According to an Illinois products liability lawsuit filed in Illinois, Toys R Us has been ordered to release a list of people who have been injured in its store since 2001 to a plaintiff in an Illinois personal injury lawsuit. According to the Illinois judge, Toys R Us did not demonstrate a need for a protective order.

For the full article.

September 24, 2008

Personal injury lawsuit alleges negligence by hospital in bad diagnosis

A man has filed a personal injury lawsuit against an East Chicago hospital for incorrectly diagnosing him with lung cancer. The medical malpractice lawsuit alleges that the personal injury victim went to an East Chicago hospital in 2003 complaining of breathing problems and he underwent a bronchoscopy. The medical malpractice victim was told that he had lung cancer. Later, the medical negligence victim was notified that the doctor had switched his tissue samples with another patient – resulting in a misdiagnosis.

For the full article.

September 24, 2008

Dog attack personal injury lawsuit settled

A personal injury lawsuit has settled in connection with a dog attack. The personal injury lawsuit claimed that he was attacked by four large dogs owned by Marvin Gaye III at his Hollywood home. The terms of the settlement were not divulged.

For the full article.

September 23, 2008

Investigators Probe Into Plane Crash That Injuries Celebrities and Kills Others

Federal investigators are focusing on the possibility that a blown tire could have been the cause of the airplane crash that seriously injured DJ AM and Travis Barker and killed four others. Investigators have found evidence that one of the jet’s tires may have blown moments before takeoff. The pilot and co-pilot told air-traffic controllers that they heard a tire bust and tried to abort the takeoff. The crew attempted to reject the takeoff but was unable to stop the aircraft. The maker of the tires, Goodyear, has stated that they will cooperate fully with the investigation. At the moment the drummer and DJ are in critical but stable condition with personal injuries. The two had tried to help each other extinguish the flames after the plane skidded off the runway and crashed through light towers and a five-lane highway before busting into flames. To read the full story, click here.

September 23, 2008

Joliet Man Dies In Motorcycle Crash

A Joliet, Illinois man died after losing control of his motorcycle while trying to merge onto Interstate Highway 80 in Joliet, Illinois. The 45 year old man lost control of his Harley-Davidson after colliding with a ramp guardrail. The motorcycle rolled several times, and the man was thrown off. He was pronounced dead at the scene. The man was riding alone and not wearing a helmet. Police also stated that he was not licensed to drive a motorcycle. At this time no lawsuits have been filed. To read the full story, click here.

September 23, 2008

Fan files personal injury suit against Gary Coleman

A fan who saw Gary Coleman and snapped a couple photos on his cell phone was shocked when actor Gary Coleman reacted by punching him. His attorney has filed a personal injury lawsuit against Coleman. Coleman was charged with misdemeanors stemming from this personal injury incident.

For the full article.

September 23, 2008

Cellphone ban passes legislature for train operators

Regulators have issued a temporary order banning all train operators from using cellphones while on duty in California. This ban comes after a train accident that caused serious personal injury, killing 25 people. This was passed as an emergency order considering the circumstances.

For the full article.

September 22, 2008

Train accident kills 25 people

In the third train accident this summer where cellphone usage may have been a factor, legislation is being planned to prepare a ban on wireless devices. These train accidents have caused multiple personal injuries. The most recent one killed 25 people. This legislation should not be stuck in the system – something needs to be done in order to save lives.

For the full article.

September 22, 2008

Nine Passengers Injured in CTA Bus Crash

Nine people were personally injured when in a Chicago Transit Authority bus crashed into two vehicles. The bus crash happened near 63rd and South Artesian Avenue on the South Side of Chicago. Eight of the injured were to taken to local hospitals with personal injuries. They were listed in fair-to-serious condition with personal injuries. The bus was headed east on 63rd when the bus accident occurred. As it passed through the Artesian Avenue intersection, two vehicles collided, then both veered into the bus. The number of people on the bus is not known, nor is it known whether the passengers of the two other vehicles sustained personal injuries. At this time, no lawsuits have been filed. To read the full story, click here.

September 22, 2008

Helicopter Flies Through Home

A low-flying helicopter sliced through a house, crashed down the stairs and burst through the frond door. The helicopter crash killed both people aboard. The family of five inside the house escaped the helicopter crash without any personal injuries. There were three children, ages 2, 6 and 9 inside of the house who were able to escape with their parents unscathed. The two people in the helicopter who were killed were on their way back after a trip to attend a concert at a casino. The pilot did not appear to have a flight plan and an inspector said he didn’t think the helicopter had a flight data recorder. To read the full story, click here.

September 21, 2008

Train Crash Involving 25 Deaths Believed to be Result of Engineer Text Messaging

It has been found that the engineer of a deadly train crash, that led to the wrongful deaths of 25 people and causing personal injuries to 130 more, was text messaging while on duty and is believed to have been text messaging at the time of the crash. Reports show that he never even hit the brakes before crashing into a freight train. After these findings, a temporary order was entered banning engineers from text messaging while on duty, in an effort to reduce these kinds of unnecessary and preventable accidents that lead to wrongful deaths and personal injuries. Another issue that is being investigated in the crash is whether the engineer’s back to back shifts could have also been a factor in the crash. There is no word yet on whether wrongful death and personal injury lawsuits will be filed against the company by the victims and the victims’ families. For the full story click here.

September 21, 2008

Pit Bull Attacks Six Year Old

A Chicago Boy was hospitalized after undergoing plastic surgery after a neighbor’s dogs attacked the 6-year old. The boy doesn’t play with the dogs, yet they see him every day. The incident began when the boy was retrieving a ball that had gone across a fence in the neighbor’s yard. The boy had gained access to the yard because the fence had been partially knocked down after a recent storm. Officers were flagged to the scene and they tried to lift the boy over the fence, “but the dogs were relentless in their grip of the young victim.” The officer used pepper spray and ended up killing two of the dogs. The boy was taken to Mt. Sinai Hospital in Chicago with serious personal injuries. The doctors performed plastic surgery on both of his legs, which had been mauled from his thighs to his feet and had one gash so deep it exposed muscle tissue. The owner of the dog was surprised that the dogs mauled the boy and caused such great personal injuries. At this time, no lawsuits have been filed. To read the full story, click here.

September 20, 2008

Families file products liability lawsuit against drug maker over baby death

The families of two newborns who died after inadvertently receiving massive doses of heparin have filed a products liability lawsuit against the Illinois-based company that makes the blood thinner. The lawsuit does not specify damages. The error occurred in part because of a mix up regarding the labeling of the pharmaceutical.

For the full article.

September 18, 2008

Parents file personal injury lawsuit following son’s death

The parents of a 13 year-old boy who died after being hit by a jet ski have filed a personal injury lawsuit against an outdoor recreation program. The personal injury lawsuit seeks $5 million in damages.

For the full article.

September 18, 2008

Case Law Update: Retailer Required to Produce 10 Years of Information

Willeford v. Toys “R” Us-Delaware, Inc., No. 5-07-02-01 (9/16/08) affirmed that a trial court did not abuse its discretion when it refused to enter protective order limiting retailer's requirement to provide personal injury plaintiff with information from its database about incidents, in the last 10 years, of items falling from overhead storage on customers. Information is not sensitive financial data; and defendant has failed to show how justice requires protection. Further, since defendant waited a year, after ordered to comply with discovery, to file a motion for a protective order, and has successfully delayed litigation for five years, $1,000 fine will not be vacated as "friendly contempt." This decision will impact products liability lawsuits in terms of electronic discovery.

September 18, 2008

Birth injury spotlight: what are symptoms of Erb’s palsy

In general, there are four types of nerve injuries common in birth injuries.
1. A stretch injury that “shocks” but does not tear the nerve. Normally, these heal on their own.
2. A stretch injury that damages some of the nerve fibers may result in scar tissue. This is called “neuroma.” Some, but not total, recovery usually occurs.
3. A stretch injury that causes the nerve to be torn apart. This will not heal on its own.
4. An “avulsion.” This happens when the nerve is torn from the spinal cord. It may be possible to restore some function by using a nerve from another muscle as a donor.
For more information.

September 17, 2008

Family of boy scout settles personal injury lawsuit

Last summer, a nine-year old boy was killed at a boy scout camp by a falling totem pole. The family reached a $1.38 million dollar agreement, settling the personal injury lawsuit filed against two scouting organizations and an insurance company.

For the full article.

September 17, 2008

Police Investigate Death of 92-year-old Woman

Detectives in the Chicago suburb of Riverdale are investigating after authorities said a 92-year-old woman who died their recently may have been abused. The woman was pronounced dead in a Harvey Hospital. The spokesperson for the Cook County Medical Examiner’s Office stated that the woman possibly suffered elderly abuse. A Riverdale officer said detectives are investigating the death, and detectives were called to the woman’s apartment. An autopsy is scheduled later in the week to determine the cause of death. Abuse against the elderly can oftentimes lead to wrongful death, and this case further highlights the problems associated with elder abuse. To read the full story, click here.

September 17, 2008

Case Law Update: Wrongful Death Act Not Upheld in In Vitro Fertilization

Miller v. American Infertility, No. 1-05-3202 (9/16/08) determined that Section 2.2 of Wrongful Death Act does not provide plaintiff, husband and wife, a cause of action against in vitro fertilization laboratory, which failed to cryopreserve a fertilized blastocyst, and resulted in the inability to implant it in the wife's womb. This decision will impact wrongful death lawsuits in terms of in vitro fertilization.

September 17, 2008

Personal injury victim now victim of embezzlement

A victim who filed a personal injury lawsuit could not figure out why he had gotten so little money in the judgment from a personal injury lawsuit. His attorney worked out a settlement for about $3,000 with the restaurant, but the check that the personal injury victim received only amounted to about $370. The attorney embezzled the money. The lawyer faces embezzlement charges.

For the full article.

September 17, 2008

Birth injury spotlight: how does Erb’s palsy occur?

Brachial plexus stretch injuries in newborns usually occurs during a difficult delivery. This birth injury can occur with a large baby, a breech presentation, or a prolonged labor. It may also occur when the person assisting the delivery delivers the baby quickly and uses force to pull the baby from the birth canal. This happened in a medical malpractice lawsuit filed by Levin & Perconti regarding the negligent delivery of the baby.

Often in this birth injury, the upper nerves are affected. The infant may not be able to move the arm, but may be able to move the fingers. If both the upper and lower nerves are stretched, the condition is usually more severe than Erb’s palsy. This is called “global” brachial plexus birth palsy.

For more information.

September 16, 2008

Birth injury spotlight: more information about Erb’s palsy

Erb’s palsy is a birth injury that one or two of every 1,000 have. Most infants with brachial plexus birth palsy will recover movement and feeling in the affected arm. However, parents have to be watchful and participate in the treatment process to ensure maximum functional recovery.

For more information.

September 16, 2008

Case Law Update: Plaintiff Failed to Establish Time Frame in Slip and Fall Case

Reid v. Kohl's Department Store, Inc., No. 07-3916 (9/16/08) affirmed that a district court did not err in granting defendant's motion for summary judgment in action seeking recovery for personal injuries arising out of plaintiff's slip and fall on ice-cream that had spilled on defendant's store floor. Plaintiff failed to establish any reliable time frame that ice cream had been on floor prior to slip and fall so as to satisfy plaintiff's burden in establishing defendant's constructive notice of ice cream's presence on floor. Moreover, defendant's evidence indicating that ice cream was on floor at most ten minutes prior to slip and fall was not enough time to give defendant constructive notice of ice cream spill under circumstances when very few customers were in store. This seventh circuit decision will impact personal injury lawsuits in slip and fall cases.

September 16, 2008

Beginning February 10 – tougher lead standards for children’s products

A legal opinion is expected to be issued Monday by the Consumer Product Safety Commission’s general counsel that will affect products liability lawsuits. The general counsel is expected to set higher lead standards on children’s products effective February 10. By February 10, the new limit would be a total lead content of 600 parts per million, which would be further adjusted if feasible.

For the full article.

September 15, 2008

Lawmakers look into changing workers’ compensation system

Some lawmakers are discussing changes to workers’ compensation programs. One proposal is to hire ombudsmen to assist workers hurt on the job and another is to address mental health care. Additional, increased death and wage compensation benefits are being considered.

For the full article.

September 15, 2008

Courtroom fight over products liability law

A Supreme Court ruling expected this fall could change consumers’ ability to file products liability lawsuits against pharmaceutical companies. The case, called Wyeth v. Levine, may lead to a new interpretation of federal law and could shield pharmaceutical companies from the most common kind of products liability lawsuit.

The Supreme Court may change the interpretation of a statute that now allows consumers to sue drug makers over serious side effects. This would severely hurt consumers who fall victim to unsafe drugs, as they would be unable to obtain proper justice in the courts.

For the full article.

September 14, 2008

Chicago personal injury victims claim that illegal fish made them sick

Two people have filed a Chicago personal injury lawsuit last week after puffer fish they purchased in Chicago caused them to suffer tetrodotoxin poisoning and severe injuries last year. The fish purchased were imported from China, not Japan as the FDA requires.

For the full article.

September 14, 2008

Man Killed By Chicago-bound Amtrak Train

A man was killed after being hit by an Amtrak train on the Northwest Side of Chicago. The train accident took place early in the morning at the Metra’s Edgebrook station at Devon and Lehigh Avenues when an Amtrak train that left Milwaukee struck the man on the tracks. The man was killed immediately upon impact. It was unclear how the man ended up on the tracks. The Edgebrook station is not a scheduled stop for Amtrak. Metra trains were delayed up to 20 minutes following the train accident. To read the full story, click here.

September 14, 2008

Woman Attacked By Pit Bulls in Chicago Suburb

A 19-year-old woman in the North Chicago suburb of Waukegan was attacked by three pit bulls. The pit bulls caused her great personal injuries by ripping part of her ear of and chewing up her arms and legs. The pit bulls attacked the woman causing the personal injuries as she walked to a gas station. She is currently hospitalized with personal injuries. The Waukegan, Illinois police said that the owner has not been charged as of yet and are waiting to interview witnesses. Officials have said that the dogs had not been involved in previous biting incidents. At this time, no lawsuits have been filed. To read the full story, click here.

September 13, 2008

Engineer Ignores Signal in Crash that Kills 24 People

Train officials stated that an engineer on their commuter train that collided head-on with a freight train ignored a red light telling him to stop. The train accident killed at least 24 people and critically injured dozens more. A spokesperson stated that the cause of the accident was directly related to the engineer’s failure to stop. Authorities said that the number of dead found in the wreckage had reached 24 and was likely to rise. Authorities said that about 100 people were taken to the hospital with personal injuries. The engine of the freight train embedded itself in the front commuter train carriage as both trains derailed, sending one of the passenger train’s three cars full of homebound commuters keeling onto its side. The investigation of the train accident and search efforts for missing persons is still on-going. To read the full story, click here.

September 11, 2008

Personal injury lawsuit filed against gas company

A family has filed a $2.7 million personal injury lawsuit against a gas company. The personal injury lawsuit alleges that the company’s negligence caused a 2006 explosion that destroyed their home, injured family members, and killed two pets. The lawsuit alleges that the company failed to follow proper procedures, failed to respond quickly, and failed to make sure the family was far enough away to escape injury.

For the full article.

September 10, 2008

FDA posts lists of drugs under investigation

The FDA last week began posting a list of pharmaceuticals under investigation. This list comes in an effort to better inform doctors and patients, who often fall victim to bad products. As a personal injury law firm who sees medical malpractice lawsuits relating to pharmaceuticals and products liability lawsuits relating to pharmaceuticals, this list comes as a much needed tool for consumers.

The FDA states that they are trying to walk a fine line in being more open with consumers while attempting to avoid needless scares. This list currently includes drugs whose problems have already been publicized, such as Heparin.

For the full article.
To see the FDA published list.

September 10, 2008

Case Law Update: Insurance Companies Duty to Driver of Vehicle Not Insured by Company

Economy Fire & Casualty Company v. Brumfield, No 4-07-0658 (8/13/08) held that the insurance company did not breach its duty to defend driver of vehicle, whom it originally claimed did not have permission of vehicle owner, to drive it; because it filed declaratory judgment action when original complaint against defendant was filed. When amended complaint was filed, naming vehicle owner as defendant on theory of negligent entrustment, conflict of interest arose between insurer and defendant, driver; and insurer's duty was limited to reimbursement of defense costs. Therefore, driver has not proved breach of insurer's duty to defend. This professional malpractice suit was affirmed by the court.

September 10, 2008

Case Law Update: Insurance Company Not Required to Indemnify Owners of Dog That Bit Child

The recent decision in State Farm Fire and Casualty Company v. Martinez, No. 1-06-1902 (8/5/08) ruled that an Insurance company was not required to defend or indemnify owners of dog, occupying insured premises, which bit child. Because named insured never resided in insured dwelling, or intended to, but obtained loan to purchase dwelling on behalf of relative with poor credit rating, the occupants did not qualify under policy as members of named insureds' household. The personal injury and premises liability suits were affirmed.

September 10, 2008

Case Law Update: Life Insurance in the Context of Wrongful Death

Bovan v. American Family, No. 1-07-1419 (8/15/08) found that the trial court did not err when it granted summary judgment in favor of defendant, insurance agent, dismissing the plaintiff's wrongful death complaint alleging that defendant negligently caused the death of the plaintiff's decedent when he accepted application for life insurance by an imposter seeking to insure plaintiff's decedent's life so that the imposter could conspire with others to murder plaintiff's decedent and collect proceeds of life insurance policy. The insurance agent, as agent for insurer, owed no duty to plaintiff's decedent, with whom he had no prior relationship. The wrongful death suit was affirmed by the higher court.

September 10, 2008

Case Law Update: Tort Immunity Act in the Context of Forest Preserve

The recent decision in McElroy v The Forest Preserve District of Lake County, No. 2-08-0134 (8/18/08) ruled that because a wooden bridge over wetlands in forest preserve is an integral part of nature trail, Section 3-107(b) of Tort Immunity Act applies to plaintiff's complaint for personal injuries allegedly caused by its condition. The certified question was answered in this personal injury suit.

September 10, 2008

Case Law Update: Freedom of Information Act in Terms of Municipal Contract

Stern v. Wheaton-Warrenville Community Unit School District, No. 2-07-0424 (8/12/08) ruled that the trial court erred when it granted summary judgment to school district dismissing plaintiff's complaint seeking to enjoin defendant, school district, from refusing to disclose superintendent’s contract pursuant to his FOIA request. Even though contract may be contained in superintendent’s personnel file, there is material question of fact with regards to whether contract is exempt; and trial court must conduct in camera investigation. Further, there is material issue of fact with regards to whether school district has waived exemption by supplying contract to members of the media requesting it. The request to view the contract was reversed and remanded for the trial court.

September 10, 2008

Case Law Update: Evidence Held Sufficient in Parental Neglect Case

The recent decision in In re L.H., No. 1-08-0621 (August 26, 2008) 3rd div. (Greiman) declared that a mother neglected her adoptive daughter, suffering from bi-polar disorder, was not against the manifest weight of the evidence. The evidence established that the mother refused to bring her daughter home from the hospital, refused to have any contact with DCFS, engage in services, because the child was an embarrassment to her; and not because child was dangerous or a threat. Further, the mother failed to prove that the minor was a dependant child through no fault of the parent. The Case has been affirmed the parental negligence suit by the appellate court.

September 10, 2008

Chairman resigns from Illinois Workers' Compensation Commission

When individuals are hurt on the job in Illinois, they often file workers' compensation claims in front of the Illinois Workers' Compensation Commission. Pretty soon, they will be seeing a new face and name to the Commission after the resignation of Chairman Dennis R. Ruth. Illinois Governor Rod Blagojevich has appointed Arbitrator Gerald Jutila to be Chairman of the Commission, effective October 3, 2008.

For the full article.

September 10, 2008

CLE Program on Advanced Workers' Compensation – October 13

The ISBA Workers Compensation Section will be hosting a CLE program on Advanced Workers' Compensation on October 13, 2008. The course will be offered both in Chicago and in Collinsville, Illinois. The course will look into advanced topics facing Illinois workers' compensation attorneys, such as repetitive trauma cases, slip and falls in the workplace, and more.

For more information.

September 9, 2008

Speculation whether courts should expect personal injury lawsuits following RNC

Although the RNC ended last week, some speculate that the Midwest host will have convention related court cases in their system for months or even years to come. One volunteer attorney was questioned as to whether any police brutality or other personal injury lawsuits will follow after arrests at the RNC. He stated that there have been issues of overcharging and being denied rights at the convention.

For the full article.

September 9, 2008

Case Law Update: New Trial Granted in Products Liability Case

Boren v. The BOC Group, No. 5-06-0679 (9/9/2008) affirmed that a trial court Trial court did not abuse its discretion when it granted plaintiff a new trial after jury returned a verdict in favor of defendants after products liability trial for injuries sustained when plaintiff allegedly developed Parkinson's disease as result of welding fumes. Defense published prejudicial photograph to jury depicting billboard advertising for subjects to study that was not relevant to any evidence presented in case; defense attorney violated order in limine b referring to "cottage industry" of welding exposure lawsuits; and defense disclosed several hundred pages of discovery related to the plaintiffs. This decision will impact product liability lawsuits.

September 9, 2008

Sheriff closes restaurant that has no workers' comp policy

A sheriff closed a restaurant for operating without a workers' compensation policy. The restaurant is prohibited from doing business until it obtains a workers' comp policy for employees injured on the job.

For the full article.

September 8, 2008

Illinois hit-and-run caught on tape

CNN released a video of an Illinois hit-and-run where the victim bicyclist was run over by a minivan. Security cameras captured the images.

To see the video.

September 8, 2008

Formerly sealed docs in products liability lawsuit released

The federal judge in the Zyprexa products liability lawsuit also recently released previously sealed documents. The judge stated that public access is advisable because the products liability lawsuit involves issues of public interest and fundamental questions about monitoring pharmaceutical products.

For the full article.

September 6, 2008

4 Year Old Girl Critically Injured by Pitt Bull

A four-year-old girl is currently listed in critical condition at Children’s Memorial Hospital after being mauled by a pit bull on Chicago's Northwest Side. The girl was playing with the pit bull in the backyard of an apartment building when she sustained the personal injuries. The pit bull suddenly attacked the girl and bit her several times. The reason for the pit bull’s attack is unknown. The girl lives in the same building as the pit bull, but the girl’s parents are not the owners. Animal Control was called to the scene and the owner is pending citation. This story is one of many pit bull attacks in the Chicago land area, unfortunately this one affecting a young child. At this point, no lawsuits have been filed. To read the full story, click here.

September 6, 2008

Two Dead in Chicago Suburban House Explosion

An elderly couple in Frankfort, a suburb of Chicago, IL, died when their house violently exploded. The blast also destroyed the house next door; knocking neighbors out of bed and blowing open their front doors. Although one person was in the house, he did not sustain any personal injuries. Neighbors stated that the blast sounded like a plane was crashing. The victims bodies were found in the debris. Officials have shut off all natural gas on the block where the explosion occurred and two neighboring blocks as well. All three blocks have been evacuated. Six houses surrounding the exploding house have suffered major damage and five have suffered minor damage. Although Nicor workers were on the scene, no one can officially say the explosion was caused by natural gas. At this point, no lawsuits have been filed. To read the full story, click here.

September 5, 2008

Products liability Zyprexa lawsuit class certified

A federal judge in a products liability lawsuit recently certified a class of third-party payors in their products liability claim against a pharmaceutical company. The plaintiffs claim that the drug giant Eli Lilly committed fraud by pricing its anti-psychotic drug Zyprexa too high and overemphasizing Zyprexa’s utility. The plaintiffs also state that the pharmaceutical company understated the drawbacks of Zyprexa.

For the full article.

September 5, 2008

The Dangers of Hot Water: Burn Injuries and Personal Injuries

Personal injuries and burn injuries can result from the use of tap water that is too hot for the human body to handle. It is estimated that nearly 5,000 individuals seek treatment from the emergency room on an annual basis relating to burn injuries they have received. In order to prevent serious personal injuries and burn injuries it is recommended that homes have water heater thermostat’s set no higher than 120 degrees Fahrenheit. In order to prevent burn injury liability and to prevent a burn injury lawyer from seeking damages for injuries on behalf of housing tenants a landlord in control of water thermostat should make sure the thermostat is set properly. Landloards in apartment buildings must take reasonable steps to make sure water temperatures are safe to prevent burn injury lawsuits from occurring. Tenants who have suffered burn injuries and personal injuries and want to file a burn injury lawsuit against a landlord or housing management company may have the right to do so if the recommended water temperature safety standards are not followed . To read more about recommendations on keeping your home burn injury free information can be found here from the Consumer Product Safety Commission.

September 4, 2008

Chicago, Illinois Lawyers Relate to Tragic Fire and Deaths in Apartment Unit

A Chicago, Illinois apartment housing complex fire left three children dead yesterday. As the mother of the three children recovers in the hospital with burn injuries and personal injuries many questions on liability for the fire remain. The Chicago fire occurred in a Cook County owned housing unit that reports say was slated for a future demolition. Investigations remain open as to what caused the Summit fire, it could have been from a burning candle or an electrical fire. The only thing that remains for sure is mother of three, Ebony Tiggs, life will forever be changed. Chicago housing fire lawyers Levin & Perconti know all too well the struggle that a family can go through after losing loved ones to an apartment fire. The most current Summit apartment fire is reminiscent of the lawyers past housing fire case which lead to a six million dollar settlement. To read about the tragedy that has occurred to the Tiggs family click here.

September 3, 2008

Electrical wiring suspected in Chicagoland fire that killed 3 kids

A tragic fire occurred last night that reminded the attorneys at Levin & Perconti about a recent premises liability lawsuit we settled for $6 million. Last night, Electrical wiring is suspected in a Chicagoland fire that killed an eight-year old girl and her two brothers, ages three and one. The fire occurred in a housing complex in southwest suburban Chicago. The mother may have fallen asleep while a candle was burning and was injured and listed in good condition.

The fire began shortly before midnight in the ground-floor living room of a three-bedroom apartment. Firefighters arrived in less than six minutes, but could not rescue the children. The fire was too intense for the firefighters to enter the building.

Residents expressed anger with the Housing Authority of Cook County, which manages the complex. An electrical fire forced a woman living two units east of the fire from her home just a month prior. Residents state that the Housing Authority have not maintained the building properly.

The tragic death of three kids in a fire that may have been preventable reminds the attorneys at Levin & Perconti of a premises liability lawsuit stemming from the death of six children in a tragic apartment fire. Two other children sustained burns in that fire. The landlords of that building failed to have proper and working smoke detectors. Levin & Perconti obtained a $6 million settlement for the survivors of the fire.

For the full article.

September 3, 2008

Chicago Suburban Fire Kills Three Children

Three children, ages 8, 3 and 1, were killed in an overnight blaze at a housing complex in southwest suburban Summit, a suburb of Chicago, IL. Authorities state the fire may have occurred after the children’s mother fell asleep while a candle was burning, causing the house to catch afire. The mother had personal injuries and was transported to the hospital, where she is listed in good condition. One of her children woke her up saying that there was smoke everywhere and the fire detectors were going off. Firefighters arrived in less than six minutes, but the children could not be saved. The mother escaped by jumping naked from a second-story window and may have suffered burns to her arm trying to save her children. Residents were angry with the Housing Authority of Cook County, which manages the complex. They said an electrical fire forced a woman living two units east of the home and wondered whether it was a similar electrical problem. Neighbors stated that there was little maintenance in the complex and residents hear “popping” noise every time she flips a light on. All electrical panels in the housing development are being inspected. This tragedy is reminiscent of the 2006 tragedy when six children died in a Chicago apartment fire. Levin & Perconti filed a lawsuit on behalf of those families and they were awarded five million dollars. To read the full story, click here.

September 3, 2008

Chicago, Illinois Housing Apartment Fire Causes Three Children Kids to Die and an Injured Mother

Chicago, Illinois lawyers and attorneys at the firm Levin & Perconti know that apartment fires and housing fires can leave families tainted by the death of children and burn injuries. What the firm also knows is that in the aftermath of such a housing fire tragedy justice can be served. Recently Chicago, Illinois burn injury and fire lawyers reached a six million dollar settlement against landlords of an apartment complex that experienced a fire. The house fire left six children dead and others who sustained burn injuries. The victory settlement was reached when the landlords were found to be negligent in the management of the apartment where to fire occurred. The fire in the case was determined to have been started by a burning candle. To read an article about one of Levin & Perconti’s million dollar settlements for the families affected and devastated by an apartment fire click here.

September 3, 2008

Chicago Robert Allison Housing Development Fire Leads to Burn Injuries and Death

Robert Allison housing development fire has lead to the death of three children and their mother Ebony Tiggs who was taken to the hospital with personal injuries and burn injuries. Despite the fast response of ambulances and fire trucks tragedy often occurs in house fires, complex fires and other fire accidents. Burn injuries often can be very severe and difficulty for patients to recover from but in this current fire in Suburban Summit the true despair rests with the death of three children from the fire. The three children who died part of the Robinson family ranged in age from one to 8 years old. Recovering from a tragedy like this can take an eternity and there is no word yet if the fire victims family has decided to pursue an legal action or a lawsuit against the complex or housing development. There is hope for the family that justice can be served in the aftermath of housing fire deaths. Recently the Chicago, Illinois law firm of Levin & Perconti reached a six million dollar legal settlement against the landlords of a building that went up in fire. The million dollar settlement occurred after six children were killed in an apartment fire and two other children sustained burn injuries. To see a news clip on the most recent Chicago, Illinois housing apartment fire click here.

September 3, 2008

Chicago, Illinois Apartment Housing Fire Leaves Three Children, Infants Dead

Attorneys and lawyers Levin & Perconti know the tragedy that accompanies fires and blazes that leave children or kids dead. Attorneys and lawyers Levin & Perconti have in the past been able to seek justice for families who have been devastated by fires. Most recently the firm has reached a six million dollar settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side. Two other children sustained severe burns in the fire. The landlords of the building failed to have proper and working smoke detectors in violation of the Chicago Municipal Code and the children were not able to escape the building in time, Unfortunately another such tragedy has struck in Chicago, Illinois where a housing complex fire has left three children dead. The blaze occurred in southwest suburban Summit leaving three kids dead from the fire. The Robinson family destroyed now by the fire which may have been started by a burning candle or faulty electrical wiring. No word yet has been announced on if a personal injury lawsuit has been filed or if lawyers or attorneys have been conducted regarding a lawsuit from the fire. To read more about this story click here.

September 3, 2008

Trial lawyers protest warning-label rule

A proposed federal rule would grant immunity from product liability lawsuits to drug and medical device makers that do not warn about their products’ dangerous side effects. This has drawn objections from trial lawyers. The American Association for Justice (AAJ) believes that the FDA must revise its preamble to eliminate any reference to the pre-emption of product liability lawsuits.

For the full article.

September 3, 2008

Products liability lawsuit filed against Ford Motor company

A group of personal injury lawyers filed a products liability lawsuit against Ford Motor company after a Border Patrol agent was paralyzed in 2007 during a rollover accident. The victim was on duty near an Arizona border driving his Ford SUV when he received a call for a narcotics violation. As he responded to the call, the agent drifted to the right side of the road and tires began to leave the paved road surface. During the rollover, the driver’s side roof collapsed, rendering him a quadriplegic.

For the full article.

September 2, 2008

Chicago Man Killed in Hit-And-Run Accident

A Chicago area man was killed in a hit-and-accident over the weekend. He was critically injured after being hit and was later pronounced dead at the hospital. He was crossing the street when he was struck by the vehicle and the driver did not stop. As of now there are no suspects in the hit-and-run accident and no word as to whether the family of the victim will file a wrongful death lawsuit if a suspect is apprehended. For the full story click here.

September 2, 2008

Class-Action Lawsuit to be filed against Company that sold Food Products that were Contaminated and Led to Deaths

Residents of the affected area are going to be filing a >class-action negligence lawsuit against a food company whose meat products were contaminated and are connected to 15 >wrongful deaths so far. The number of >wrongful deaths may grow because the incubation period for the bacteria (listeria) found in the contaminated meat products has an incubation period of up to 90 days. The products were sold to private citizens, but were also served in hospitals and nursing homes. Issues arise with >whether it is negligent for hospitals and nursing homes to serve food prone to this type of bacteria because it is the most dangerous to older people, young people and people with weakened immune systems. The main issue in the >lawsuit is that the >company was being negligent because the sanitation levels they maintained were not appropriate for food products and that they were aware of the potential toxicity of the products which in turn resulted in the >wrongful deaths of some of their consumers. For the full story >click here.

September 2, 2008

Resident of Chicago Suburbs Killed in Hit-And-Run Accident

The body of a young man from the suburbs of Chicago was found on a frontage road and is believed to be the victim of a hit-and-run automobile accident. The victim had a bike with him, however being that there was no damage to the bike it is believed that he was walking at the time that he was hit. Police do not have any leads at this point and because of this there is no word as to whether a wrongful death lawsuit will be filed by the family of the victim. For the full story click here.

September 1, 2008

Teen Drowns In Chicago Suburban Pool

A 17-year-old Chicago boy was found at the bottom of a swimming pool in a Chicago suburb. The boy was found at the bottom of a pool on the 300 block of Oak Street in Maywood, a suburb of Chicago. The boy was immediately brought to the hospital, but was pronounced dead. An autopsy has been planned to see if there were any aggravating factors in the death of the boy. The Cook County Medical Examiner’s office stated that he had apparently drowned, but the local police are investigating. At this point, no lawsuits have been filed. To read the full story, click here.

September 1, 2008

FDA urged to remove synthetic dyes from food

The Center for Science in the Public Interest has asked America’s parents for help in its campaign to convince FDA that synthetic dyes do not belong in food, especially those consumed by children. Consumption of food dyes has increased five-fold over the past 30 years, according to FDA data. In the past years, two British studies have found products liability consequences in food dyes in that consumption impairs the behavior of many children.

For the full article.

September 1, 2008

This Labor Day: How to be safe on the job

Today, Labor Day will be celebrated across the country. Much has changed in the working world since the first celebration of Labor Day in 1882. One vast improvement has been in the area of workplace safety. For example, the U.S. Department of Labor reported that there was an 85 percent reduction in mining-related injuries between 1940 and 2007.

Preventing injuries in today’s workplace is not impossible – we still have a long way to go. Although workers’ compensation plans are uniformly applied, good processes and open communications need to be implemented in order to avoid safety issues.

For the full article.