Illinois Injury Lawyer Blog

The parents of a child injured while riding go-carts have filed a personal injury lawsuit against the amusement park. The personal injury lawsuit seeks more than $15,000 in damages for severe personal injuries sustained by the child.

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An out-of-state court reviewing a map of defects in a city’s sidewalks recently ruled that the map was inaccurate and inadmissible as evidence of notice to the city. The city’s most frequent lawsuits to defend are pedestrian lawsuits filed by plaintiffs who receive personal injuries from alleged defects in sidewalks.

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Remember earlier this month, the presence of lead in toys was all over the news. Everyone was concerned that with the holiday seasons, kids would receive lead-laden toys. Then, regulations were passed overwhelmingly limiting the lead allowed in toys. Today, there was another update in the lead toys saga. The Consumer Product Safety Commission staff members have recommended that the agency exempt some natural materials from the lead testing requirements in order to relieve financial burden on toymakers in these tough economic times.

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An automobile accident involving a car and a CTA bus today in South Side Chicago resulted in at least nine personal injuries. The nine people injured were taken to a Chicago-area hospital where they were treated for injuries ranging from minor to major.

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Dukes v. Pneumo Abex, No. 4-06-0235 (12-29-08) found that in a trial for personal injuries from exposure to asbestos in plaintiff's decedent's manufacturing facility, allegedly resulting from conspiracy in which defendant's predecessor participated in suppressing information about adverse health effects of exposure to asbestos, trial court abused its discretion when it admitted evidence of nolo contendere plea entered by defendant in unrelated price fixing conspiracy with some of the same companies, and when it admitted inflammatory letter written by deceased purchasing director at one of defendant's plants, who had no responsibility for safety or health and was not spokesperson for defendant. However, although these evidentiary rulings deprived defendant of a fair trial and requires reversal, plaintiff presented sufficient evidence, by inference and circumstantial evidence going beyond parallel conduct, to warrant retrial. This case will have an effect on personal injury cases regarding toxic exposure.

A 7-year-old girl who used a wheelchair and was blind in one eye fell from the fifth floor of her apartment on Christmas Eve. The girl later died from her personal injuries on Christmas morning. Her personal injuries included a broken pelvis, collapsed lung and bleeding in her brain. It is unclear how she managed to fall from the small bathroom window which was partially covered with a safety gate. The police do not suspect foul play and the building’s superintendent believes that the young girl’s curiosity and ability to maneuver her body were strong. Her mother could not find the girl on Christmas Eve night but found a torn piece of clothing outside the window. Her worst fears came true when she and the paramedics found the girl in the alley. To read the full story, click here.

Poliszczuk v. Winkler, No. 1-07-0490 (12-1-08), is a first division case which found that the trial court did not abuse its discretion when it denied plaintiffs' motion for new trial after jury, deliberating on the issue of damages only, returned verdict in their favor, but awarded them no damages for either disability or loss of normal life. Jury was free to believe testimony of defense expert that female plaintiff suffered from congenital condition in her back, that condition reflected on imaging tests was not result of trauma, and that she showed no signs of pain reflex or discomfort during his examination of her. Male plaintiff's treating physician had not examined him for four years prior to trial and could not testify that his patient's condition was permanent. This case will have an effect on the way damages are assessed in personal injury cases.

A federal agency proposed a $70,000 fine for the bridge that was being built that collapsed and caused a workers’ death. The Occupational Safety and Health Administration cited American Bridge for six safety violations that caused personal injuries and proposed a total of $90,000 in fines.

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Jeremy Piven was forced to leave the Broadway play he was starring in due to shocking levels of mercury in his system. His doctor believed that the mercury was due to the high amounts of sushi and Chinese herbs that Piven eats in his diet. A spell of dizziness on the show led to a three-day hospitalization. The doctors believe his personal injuries will be healed by the time he is needed for Entourage in March.

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The American Association for Justice was recently featured in a Wall Street Journal article stressing why it is important that American courts keep the “American rule” for personal injury lawsuits and medical malpractice lawsuits. The so-called tort reform advocates are pushing courts to adopt a system where losers of personal injury lawsuits pay for the court costs, unlike the current system where attorneys’ fees are collected on a contingency fee basis.

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A house fire in a Chicago, Illinois home has left two children dead. The house fire allegedly started when the children used a space heater. The house fire raises the Chicago house fire death toll before the year’s end. House fires, especially in cold areas like Chicago, are common when faulty space heaters are used or if a landlord’s smoke detectors are broken or missing. The most recent house fire leaves a mother childless, the mother did not sustain fire injuries or burn injuries since she was not home when the nighttime fire occurred. There is still an ongoing investigation as to the cause of the fire. The investigation will likely look at if adequate house smoke detectors were in place and if the space heater used was a faulty space heater. To read more about this tragic story click here.

Earlier this week, the FDA issued a new warning for those Americans looking to lose weight fast. The FDA recently listed more than 25 weight loss products to avoid because they contain unlabeled ingredients that could cause serious personal injuries. Many of these products claim to be natural or herbal.

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A court has dismissed the appeal of a $545,000 verdict in a tobacco product liability case. This ruling may also affect product liability claims for other inherently dangerous products. This tobacco litigation involved cigarettes with a flawed design.

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City officials have agreed to pay a settlement of $70,000 to the wife and child of a man who died in 2005 after police jolted him with Tasers. This is the first wrongful death settlement over the use of stun guns.

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A massive water main break trapped a dozen commuters in their cars as the swift, frigid waters flooded a suburban road, and rescuers in helicopters and boats had to pluck people from the whitewater unleashed by an aging pipe. Two people in a minivan climbed into a basket lowered by a helicopter as the floodwaters raged past them which sprayed water on a rescuer reaching out to save them. Some people were rescued by boat from waters at least 4 feet deep. Everyone appeared to be safe despite personal injury reports of hypothermia. Temperatures were in the 20s. Officials said 135 million gallons of water per minute were gushing out at one point. Due to the gushing water’s intensity, fire officials did not allow utility workers to immediately shut down valves where the break occurred but they were able to shut down two valves farther down the pipeline. To read the full story, click here.

The U.S. Supreme Court is being asked to rule that courts should open their doors for out-of-state visitors with asbestos lawsuits. This is an appeal of a dismissal of toxic tort lawsuits of more than 1,000 railroad workers.

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Under a new FDA policy, drug companies will have to test drugs on a greater number of high-risk patients, such as the elderly. This requirement is effective immediately and will help to prevent pharmaceutical product liability.

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Two young sisters died and two of their siblings were personally injured in an early-morning fire in Chicago’s Southwest Side. The children’s mother apparently was not home at the time. The fire has been classified as accidental, which was probably caused by an electrical overload. It started in the basement, where the victims’ bodies were found. The two children who died in the fire were nine and six, while an 11-year-old and 8 year old were personally injured. They were both taken to the hospital with personal injuries. The children were at windows on the first floor, screaming, when the police arrived. Two other police officers kicked in the door and tried to rescue the children in the basement but were turned back by heavy smoke. Neighbors said the family rented and lived in the basement but the woman who owned the house was not home at the time. There was only one working smoke detector in the attic. The cause of the fire is still under investigation and no personal injuries lawsuits have been filed. To read the full story, click here.

An injured worker has filed a personal injury lawsuit against his employer after a construction accident caused him injuries on the job. The personal injury lawsuit alleges that a crane dropped a dock hose on his left fingers. He seeks $75,000 and restitution for medical care, earnings, and other associated expenses.

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Over a year after a neurological disease surfaced among workers at a pork plant, workers have still not received workers’ compensation for their illnesses. Doctors have traced the disease to a mist of pig brains at the processing plant. Individuals who were working illegally in the plant are being denied benefits even though courts have ruled that workers can receive workers’ compensation for their personal injuries regardless of their immigration status.

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Reporters are stating it is a miracle that nobody was wrongfully killed when an airplane veered off a runway during takeoff, burst into flames and nearly broke apart. Thirty-eight people received personal injuries. The weather was clear, but cold, with winds at 38 miles per hour.

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A bridge that was being used during construction of a soaring walkway to give visitors breathtaking views turned into a construction injury disaster zone when it collapsed. One worker was killed and 18 others received personal injuries. Contractors were pouring concrete on a “canopy walk” as high as 40 feet when the bridge gave way. Witnesses said that the collapse was a frenzied scene with dozens of workers falling.

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A man who was paralyzed from the waist down after falling 17-feet from a ladder while working at a steel mill has been awarded a $48 million verdict in his personal injury lawsuit. The 42 year-old personal injury victim suffered a spinal cord injury when he fell from a ladder while at work.

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The car accident that R&B singer Brandy was involved in continues to haunt her. A man who received personal injuries in the car accident is now suing both Brandy and the deceased driver for personal injury and negligence. The complaint filed alleges that the personal injury plaintiff sustained serious and permanent injuries because Brandy and the deceased driver were traveling at an excessive speed and failing to maintain a safe distance from each other.

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A construction accident on a pedestrian bridge caused the bridge to collapse resulting in several personal injuries. The accident caused a construction worker’s death and caused other construction workers injuries that required medical treatment. There is no determination as to the cause of the bridge collapse as of yet, but it is likely an investigation will be underway. Individuals on the scene described as if they heard a construction explosion when the bridge collapsed. To read more about this story click here.

N Ming Auto Body v. The Industrial Commision, No. 1-07-1125WC (11/18/08) is a first district case which affirmed that after the Workers’ Compensation Commission affirmed that a portion of the arbitrator’s decision from Section 19(b) hearing that found that the claimant’s medical condition and surgery were causally related to an injury that arose out of and in the course of his employment, and that decision became final, the law of the case prevented later arbitrators and the Commission from overturning that finding in the hearing on permanency, even with evidence of fraud on the part of the claimant. Further, evidence supported award of 25% of person as a whole for twice operated back injury by auto mechanic. In addition, it was proper to allow introduction of interrogatory answers from automobile collision litigation to impeach claimant. This decision will have an impact on workers’ compensation cases.

The first person in the United States is now recovering after a facial transplant. Prior to the surgery, the personal injuries were ghastly. She had no nose, no palate, and no way to eat or breathe. Other candidates were considered and dozens of desperate burn injury victims were considered. This candidate was selected because her face was so badly injured.

The world’s first partial face transplant was performed in France in 2005 on a woman who had received personal injuries in a dog bite attack. Apart from some rejection issues, she has done well.

For the full article.

Cortright v. Doyle, No. 1-07-1339 (11/18/08) affirmed that the trial court correctly held that plaintiff's allegations against her supervisors for defamation, intentional infliction of emotional distress, and tortious interference with economic expectancy by virtue of their unfair and humiliating criticism of plaintiff's work performance, setting unreasonable deadlines, and unfair discipline, are really allegations against the State and are barred by sovereign immunity. The alleged activities are all within the normal and official functions of supervisors as State employees. This decision will have an affect on personal injury cases.

During the holiday season, many parents buy toys for their children. This year, the CPSC is urging parents to check its website prior to purchase to avoid product liability. Toys present safety concerns and some recently have been found to contain lead. Even after the holidays, parents should frequently and routinely check the recall list.

For the full article.

Reynolds v. U.S., No. 08-1634 (12/9/08) found that the district court erred in dismissing the original case for failure to state valid claim for plaintiff's FTCA lawsuit alleging that investigators employed by defendant initiated malicious prosecution by submitting knowingly false information to prosecutors. While the District Court found that said investigators were performing discretionary function that would preclude liability under FTCA, instant discretionary-function exception had no application where plaintiff's allegations asserted that investigators had committed perjury. This case will have a profound impact on the Federal Tort Claims Act.

A Midwestern restaurant and bar is under scrutiny after a bar patron suffered serious personal injuries that resulted in the patron's wrongful death. Criminal charges have been filed against an employee of the Crave lounge yet no word exists yet if a personal injury lawsuit or wrongful death lawsuit have been filed. The bar is under investigation because its owner and manager allegedly caused disturbances and personal injuries to other patrons only weeks before the most recent fatal incident. The bar's owner, Eric M. Fleming, allegedly caused personal injuries when he allegedly grabbed a bar patron before kicking him out of the bar. The owner was charged with disorderly conduct but as of yet no civil lawsuit has been filed. This case illustrates the risk that accompanies alcohol use and unruly bar environments where patrons and staff may act in a negligent fashion causing injuries and death. The bar fatality was caused when the patron was allegedly chased down the street and suffered from severe brain injuries. The brain injuries later caused the death of the Midwestern resident. To read more about the impact that alcohol and poor management of a tavern can cause click here.

An asbestos injury plaintiff who lived in Maine and contracted mesothelioma there was told that he cannot file the product liability lawsuit in Texas in an effort to recover damages more quickly. The injured plaintiff must instead file in Maine.

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In recent cases dealing with asbestos-related illness, a court ruled that a manufacturer cannot be held liable for failing to warn about the hazards of someone else’s product. This limits the class of defendants subject to product liability lawsuits.

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A wrongful death lawsuit looms and could deplete a city by up to $750,000. The wrongful death lawsuit was filed by a widow of a public works employee killed on the job in 2005. Personal injury attorneys state that if the wrongful death lawsuit goes to trial, the family could be awarded more than $1 million if they prevail at trial. The city is looking to settle.

For the full article.

Plaintiffs who were the property owners of eight houses that were destroyed by a landslide in a home subdivision alleged there was utility negligence and failure to repair a water leak in a timely manner. The association consists of 58 units. The plaintiffs maintained that the city and its water authority were negligent in failing to repair a leaking fire hydrant and underground water main in a timely manner. Eyewitness reports alleged that a fire hydrant was leaking for six days prior to the landslide. The plaintiffs contended that phone calls were made to the city to for a repair but no one responded in six days. The hydrant was repaired after the sixth day but it had already leaked thousands of gallons of water to the ground. This excessive moisture caused the water main located in the middle of the street to move laterally. Two days after this hydrant was repaired, water started coming up through the asphalt in the middle of the street and the plaintiffs once again called the city. The city responded and turned off the water that feeds the main but left without performing any repairs. Three hours later, eight of the homes in the association slid down the hill. The plaintiffs resolved their claims for $14 million from the city and the homeowner association’s insurance. To read the full story, click here.

Last week, the FDA heard testimony regarding product safety and liability of asthma drugs. One drug official told a panel that more than 14,000 people may have wrongfully died since 1994 after taking popular asthma drugs. Another suggested that even more may have died without the medicines. The FDA faces these dueling messages in their vote on whether or not to allow the drugs to continue on the market.

For the full article.

The U.S. Consumer Product Safety Commission recently created a database designed to better spot crib hazards. With the database, the CPSC was able to discover a pattern of dangerous cribs and issued the product liability crib recall.

For the full article.

Three people died and two homes were destroyed after a fighter jet returning to a Marine base from a routine training mission crashed in flames into a residential neighborhood yesterday. Burning debris severely damaged other homes and property near the crash site. The pilot safely ejected from his aircraft before it slammed into a home and killed a grandmother, mother and young child inside. Another child that was inside the home at the time of the crash is still missing. The pilot claims the F-18 jet, used widely in the Marine Corps and Navy, lost power in one engine before it spiraled out of control. The Marine Corps has vowed to conduct a full investigation into the cause of the deadly crash. To read the full story, click here.

Four residents and a fire fighter experienced personal injuries in a Chicago fire that started in a garage on Saturday. The blaze was raised to an extra alarm because of cold temperatures and 20 mile-per-hour winds. It took 50 firefighters about an hour to control the fire. The cause of the fire that caused the burn injuries remains under investigation.

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In Boim v. Holy Land Foundation For Relief and Development, No. 05-1815 (12/3/08) the Illinois appellate court found that the district court did not err in granting plaintiff's motion for summary judgment in action under 18 USC sec. 2333(a) seeking recovery for death of plaintiff's son where defendants allegedly provided financial support to known terrorist (Hamas) who caused death of plaintiff's son. The court rejected defendants' claim that providing of financial assistance to terrorist group was not act of "international terrorism", and the District Court could rely on expert opinion on terrorism in Arab world to support plaintiffs' contention that Hamas was responsible for son's death, especially where defendants had failed to provide any counter evidence. This Illinois decision will greatly affect wrongful death cases.

Winters v. Wangler, No. 4-07-1044 (11-26-08) found that the trial erred when it dismissed plaintiff's complaint for wrongful death against operators of farm equipment and escort vehicles alleging that they negligently failed to accurately warn plaintiff's decedent of oversized farm equipment being driven on highway at night. Although Section 15-102 of Motor Vehicle Code does not apply to husbandry equipment temporarily located on highway, the complaint is sufficient to state a duty based on an "in concert" theory of liability. Further, defendants' motion is mislabeled as a 2-619 motion because it asserts that plaintiff's complaint fails to state a cause of action; and does not admit the legal sufficiency of the pleading it attacks. This decision will affect wrongful death cases.

Lazenby v. Mark’s Construction, Inc., No. 107192, presented the question as to whether the trial court properly denied plaintiff's motion for judgment n.o.v. in action seeking recovery for injuries sustained while plaintiff-firefighter was responding to fire on defendants' construction project. While plaintiff argued that defendant had admitted negligence by failing to barricade floor opening, Appellate Court, in affirming trial court's denial of plaintiff's motion, found that matter was properly resolved by jury where record contained conflict as to proximate cause of plaintiff's injuries, as well as allegations of negligence asserted by each party against others as to cause of plaintiff's injuries. This case will have a great impact on personal injury cases.

A hazardous materials spill caused a minor explosion in a science lab of a Chicago suburban school. Both students and faculty at Hoffman Estates High were sent outside in response to a fire alarm prompted by a chemical reaction. Students were transferred to the gymnasium. No students were personally injured, but two staff members were sent to the hospital as a precaution for personal injuries. One of them inhaled vapors and was expected to be released that afternoon. The chemical spill happened when someone dumped an unknown chemical into a sink in a science lab. The chemical reacted with water in the drain trap and caused the drain pipe to blow open. This small explosion knocked over some household cleaning chemicals which had spilled onto the floor of the lab. The crews isolated the area where the spill occurred and the private “HazMat mitigation team” was contacted. To read the full story, click here.

In a recent testing of toys, nearly a third tested positive for medium to high levels of lead, cadmium, mercury or other potentially dangerous chemicals. Product liability recalls are on the rise, with two-thirds of the product liability recalls being children’s toys, nursery items, and clothing.

For the full article.

A company recently agreed to pay up to $140 million to settle a personal injury lawsuit stemming from its use of attic-insulating product that contained asbestos. The company will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met to resolve the asbestos personal injury claims.

For the full article.

The family of a woman who went into respiratory arrest and died after neck surgery is now suing Medtronic, Inc. for wrongful death. The wrongful death lawsuit blames the death on the use of a fast-selling bone-growth protein. There is also a Justice Department investigation into the product’s use for purposes not approved by the FDA. While this is the first wrongful death lawsuit, product liability lawsuits have been filed in regards to this product.

For the full article.

An audio seminar was recently released entitled What the Consumer Products Safety Improvement Act of 2008 Means for Products Liability. It can be downloaded to your computer or iPod or can be sent on a CD. The seminar focuses on the impact of the Act on manufacturers, importers, retailers, and distributors. Additionally, it explains the financial impact upon clients and provides the best guidance around this for products liability lawyers.

For more information or to order the seminar.

The Food and Drug Administration is receiving heavy criticism from members of Congress, public interest groups, and consumer advocates, who charge the agency with failing to act after discovering trace amounts of melamine in baby formula sold in the US. The FDA found both melamine and cyanuric acid, chemicals known to cause serious personal injuries, in samples of baby formula produced by major U.S. manufacturers. Melamine has been found to cause kidney and bladder stones and it can lead to kidney failure and even death. Melamine and cyanuric acid, in combination, can result in the formation of crystals that can cause serious kidney damage and can destroy renal function. The agency began testing samples of infant formula made by American manufacturers after Chinese formula makers were found to have intentionally added the chemical to watered-down formula to give it the appearance of containing higher protein levels, leading to the deaths of at least 4 Asian infants and the hospitalization of over 50,000 others.

The FDA collected and tested samples of US-manufactured infant formula and found traces of the chemicals present, yet the agency failed to release this information. The test results were made public only after the Associated Press received them in a Freedom of Information records request. Rather than labeling the formula as tainted and urging a recall, the FDA released a statement that the amounts discovered pose no health risk to infants. This statement has been heavily criticized given that, just one month earlier, the agency was unable to determine what level of melamine could be considered safe.

For the full story, click here.

Last week, an Illinois city council finance committee approved seven Illinois workers’ comp settlements totaling about $270,100. Some of the workers’ comp injuries are several years old, but the council had to wait until an injured party completed treatment to negotiate a settlement.

For the full article.

A Walmart employee was killed on Friday morning after an unruly crowd rushed to the doors of the store and trampled him. Also, a 26 year old woman suffered a miscarriage after being overcome by the throngs of shoppers. The crowd had assembled outside the store at 5 A.M. anticipating the annual “Black Friday” sales. No lawsuit has been filed on behalf of either victim, but there will likely be wrongful death lawsuits filed against Walmart as well as individuals who trampled both of them. Walmart may be held liable for causing the rowdy mob to form and for failing to provide proper security and crowd control. To read the full story, click here.

A family of four were found dead in a home with high levels of carbon monoxide where they were meeting friends for the weekend. A team of technicians determined the house’s hot water and snow melting systems malfunctioned, causing the extreme levels of carbon monoxide in the house.

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