Illinois Injury Lawyer Blog

Pfizer has agreed to pay the federal government $2.3 billion in a product liability settlement over alleged off-label marketing of a now withdrawn painkiller. This settlement will be the largest ever paid by a drug company to resolve marketing missteps.

For the full article.

The FDA is reviewing reports that certain heartburn medications can alter the effects of Plavix. The FDA said that patients may have trouble metabolizing Plavix, reducing its ability to prevent deadly blood clots.

For the full article.

A lawyer who was appointed to oversee the assets of incapacitated clients, including children with cerebral palsy, pocketed $4 million for his own use. The lawyer and his law firm are charged with money laundering, grand larceny and scheming to defraud. The man was appointed by state judges to manage and distribute monetary settlements for clients who were found to suffer from cerebral palsy due to medical malpractice at birth, and to manage money for elderly clients with mental or physical impairments. The man committed legal malpractice by using the money on mortgage payments for his home. To read more about professional malpractice, click here.

Doctors have known that some children taking medications for attention deficit hyperactivity disorder could experience psychiatric symptoms from the drugs, such as hallucinations, hearing voices, paranoia, and mania. The FDA ordered manufacturers of the medicine to add new warnings about psychiatric and cardiovascular side effects to package inserts.

For the full article.

The widow of a lineman has reached a settlement with the NFL regarding his wrongful death during his training camp in 2001. The wrongful death lawsuit claimed that the NFL had not done enough to ensure that equipment used by players protected them from personal injuries or deaths caused by heat-related illnesses.

For the full article.

Service on Chicago’s Metra’s Electric Line was disrupted after two Metra cars derailed at the Richton Park yard. No one was personally injured in the train accident that occurred before dawn. The empty cars were being moved in the yard in preparation for the morning rush hours. The derailed train cars were relocated on the track and the track was inspected. The cause of the train derailment is still under investigation but it was believed to be cold-weather-related. A train track was found to be broken but officials believe that this was a result of the train derailment and not the cause. To read the full story, click here.

A portion of State Street in Chicago was closed after a construction accident resulted following a scaffolding collapse. The construction accident happened at 10:30 a.m. Wednesday morning. Luckily, no personal injuries were sustained.

For the full article.

Malone v. Corrections Corporation of America, No. 07-3640, (1/21/09) affirmed that the district court did not err in dismissing as untimely plaintiff-prisoner's sec. 1983 action alleging that guards at private prison located in Oklahoma used excessive force since said action was filed after expiration of Oklahoma's two-year limitations period for personal injury lawsuits. Ct. rejected plaintiff's claim that Wisconsin's 6-year limitations period applied even though lawsuit was filed in Wisconsin federal court, since under choice-of-laws doctrine employed by Wisconsin courts, Wisconsin applies limitations period of state in which alleged injury occurred. This case will have an impact on personal injury lawsuits.

Extremely high carbon monoxide levels were detected at a Chicago Boys and Girls Club, causing 11 teens to be taken to the hospital with personal injuries. All of those transported to the hospital were in good condition with personal injuries. Typically high levels of carbon monoxide are around 100 parts per million, yet the levels at the Boys and Girls Club were around 1,200 ppm. An ambulance arrived at the club after three males teens became sick from the gas. Medics suspected that the three teens were suffering from carbon monoxide poisoning. There were about 50 children present when the carbon monoxide levels reached the high levels. The building was evacuated and ventilated by opening windows and doors. A faulty furnace flue caused levels of toxic gas to spike and there was no carbon monoxide detector in the building. At this time, no personal injury lawsuits have been filed. To read the full story, click here.

Lawyer John J. Perconti of Chicago law firm Levin & Perconti filed two personal injury claims and a wrongful death suit in Kane County, Illinois on behalf of a woman who was killed in a truck accident, and her husband and 3-year-old son, who were seriously injured. The family’s car was rear-ended by a truck, causing them to hit the Illinois Department of Transportation vehicle in front of them. The auto accident happened between Rockford and Chicago. For the full story, click here.

Richardson, Sr. v. Bond Drug Company of Illinois, No. 1-07-3349 (1/14/09) affirmed that the trial court did not err when it entered summary judgment in favor of defendant, owner and operator of drug store at which plaintiff fell. Plaintiff testified that he did not see any liquid on the floor, but assumed the floor was wet because knees of his pants were wet when he got up; and defendant's store manage testified that there was no liquid on floor in vicinity of plaintiff's fall. Therefore, there is no material issue of fact with regards to the cause of plaintiff's fall beyond mere speculation. This case will have an impact on slip and fall cases.

M.K. v. L.C. and N.G., No. 3-07-0735 (1/9/09) found that the trial court erred when it dismissed plaintiffs' personal injury complaints against Catholic Diocese of Peoria, individual priests, and Bishop of Diocese alleging that they were sexually abuse by priests as children. Trial court should have applied statute of repose contained in version of Childhood Sexual Abuse Act in effect on the date that the complaint was filed, rather than the 1991 version; because the amended statute expressly applies retroactively; and retroactive application does not violate due process. This case will have an impact on personal injury lawsuits.

A new litigation packet issued by the American Association for Justice highlights issues in product liability lawsuits against foreign manufacturers. The packet addresses product liability litigation issues, including service of process, venue, forum, jurisdiction, discovery process, and enforcing judgments.

For more information.

Firefighters were called to respond to an explosion in a residential garage in Warrenville, Illinois. The fire was reported as a structure fire but was later upgraded to a box alarm fire. No personal injuries were reported in the explosion, despite one person being inside the home. Additionally roads appeared to be clear. At this time, no premises liability lawsuits have been filed. To read the full story, click here.

With the recent recalls and product liability warnings, a helpful website updated by the FDA is worth highlighting. The webpage includes the most serious product recalls, withdrawals and safety alerts in the last 60 days.

For the website.

A former police officer who shot himself in the hand will receive a $100,000 workers’ compensation payment from the city. He will not be able to return to duty.

For the full article.

The FDA continues to caution consumers about a potential product liability connection between dogs becoming ill and the consumption of chicken jerky products imported from China.

For the full article.

A Metra Train struck and killed a pedestrian early in the morning in Palatine, Illinois. Train No. 606 was scheduled to arrive at the station was stopped in the town of Palatine, Illinois and passengers had to board a different train to Chicago after the pedestrian accident. The 39-year-old man was struck by the train near South Plum Grove and Palatine Roads. To read the full story, click here.

Chicago Blue Line customers were taken off an outbound CTA train car when a small fire started underneath one of the cars. Early in the morning there was a report of smoke on the outbound Blue Line train car that was near the UIC Medical Center station. The Chicago Fire Department responded and discovered hat an electrical fire had started in the battery compartment located in the under carriage of the train. The authorities stated that the fire itself was very small but there was a lot of smoke. One person who suffered from asthma was personally injured when she became agitated by the smoke and was treated. Customers were taken off the smoky train and put onto another one while the rail operator assessed the train fire. At this time, no personal injury lawsuits have been filed. To read the full story, click here.

The bulk of the country’s public swimming pools are in violation of a new federal safety rule aimed at keeping people from becoming trapped in underwater drains and some pools have begun closing down temporarily while they scramble to comply with the law. As the summer months approach, please be wary of unsafe pools!

For the full article.

Experts and lawmakers are growing more and more concerned that the nation is becoming too reliant on medicine from abroad and may be more prone to product liability. Lawmakers are calling for a law that would require that certain drugs be made or stockpiled in the United States. The FDA inspects domestic facilities much more often than those overseas.

For the full article.

Freeman United Coal Mining Company v. Van Houten, No. 4-07-0905WC (9-29-08) affirmed that although Workers’ Compensation Commission’s findings that claimant proved that deceased minor suffered disablement within two years of his last exposure to mining dust, and that exposure to coal dust is a causative factor in his death, are not against the manifest weight of the evidence, its holding that the decedent’s claim abated by virtue of his death pursuant to Section 8(h) of the Act is error. That claim should proceed as if the claimant had not died. This will have a great impact on workers’ compensations cases.

The U.S. government wishes to fine a crane company over a construction accident that wrongfully killed four workers. The workers death resulted after a massive falling crane. Not only was the crane operator inadequately trained, but the project superintendent did not ensure the crane did not reach hazardous conditions.

For the full article.

U.S. Bank v. YMCA of Metropolitan Chicago, No. 1-07-0487 (12-31-08) affirmed that a trial court did not abuse its discretion when it granted plaintiff's jnov motion after it concluded that repeated inappropriate outbursts by defense counsel were so loud that they were within hearing range of jury; that they were intended to prejudice jury; and resulted in jury prejudice. Trial judge's recollection is not contradicted by trial record or refuted by defense. Further, during second trial for personal injuries suffered by minor ward when struck by van driven by employee of defendant, although it was error for judge to give non IPI instruction on higher level of duty owed by driver when children are in the vicinity, the instruction given accurately states the law, and was harmless. In addition, trial court did not err when it limited testimony of defense reconstruction expert to the reaction time of driver under different circumstances; and prohibited him from testifying that accident was unavoidable or that one witness' observation about how accident happened was impossible. Verdict in excess of $15 Million, after reduction by 30% for comparative negligence, is not excessive. This will have an impact on all negligence trials.

Grillo v. Yeager Construction, No. 1-07-2335 (12-31-08) decided that in a trial for personal injuries suffered by masonry contractor when he fell after scaffolding tipped during construction of residence, there was sufficient evidence that defendant was general contractor and that general manager of construction site was its agent to submit claim of negligent supervision and premises liability to jury. Further, owners are entitled to summary judgment dismissing defendant's counterclaim for contribution because there is no evidence that they exercised control over construction site. In addition, plaintiff's and expert testimony that backfilling was necessary before scaffolding can be safely constructed and that defendant, general contractor, controlled condition of site is sufficient to impose duty and support verdict in favor of plaintiff. This case will have an impact on construction accidents lawsuits.

Camp v. TNT Logistics Corp, No. 07-3386 (1/14/09) found that the district court did not err in granting defendant's motion for summary judgment in action alleging that defendant was negligent in shipment of pallet of automobile parts that injured plaintiff when she opened trailer door. Plaintiff could not base action on violation of Federal Motor Carrier Safety Regulations since defendant, which arranged for shipment of parts, but did not actually ship them, was not acting as "motor carrier" under said regulations. Moreover, plaintiff could not establish common law negligence claim where plaintiff had been aware of possibility that unsecured pallet had shifted during transit, and where plaintiff could have opened trailer door that would not have placed her at risk of injury. This case will have an impact on negligence cases.

About 20 cars on a northbound freight train derailed in Grant Park, Illinois. Emergency crews evacuated about 50 homes east and west of the scene because two of the derailed cars were believed to be carrying denatured alcohol. The evacuees were taken to a local high school. Many of the 20 freight cars were torn open and piled up high in the train accident. About 20 area fire departments responded to the derailment on the northbound lines and heavy equipment was being brought in to the site after the train accident. No personal injuries were reported in the train derailment. Neighbors stated that there was a strong smell similar to antifreeze. At this time, no premises liability lawsuits have been filed. To read the full story, click here.

A second family has filed an Illinois wrongful death lawsuit following the deaths of three Chicago teenagers who drowned last November. The Cook County personal injury lawsuit asks for more than $50,000 in damages against the victims’ high school and the company that organized a leadership retreat to the location of the drownings.

For the full article.

The wrongful death of a 4-year-old mauled by at least one Rottweiler owned by his foster family my lead to a crackdown on how the state regulates the care of foster children in home with animals. A state representative is considering tough legislation outlawing dangerous dogs in foster homes. The boy died in his foster family’s Chicago home after he let himself out of the house and was attacked by one or both of the Rottweilers owned by the family. The dangerous dogs were kept outside. To read the full story, click here.

An Illinois pilot was arrested after his plane crashed into a yard and clipped a house. The pilot was arrested after it was revealed that he was on alcohol and drugs. The pilot had been arrested and charged with operating an aircraft under the influence of drugs or alcohol. A DuPage County grand jury indicted him on seven counts based on allegations that he had the drugs in his system when the single-engine plane he was flying clipped a house and crashed into a neighboring yard. The plane crash occurred while the pilot was approaching a private airstrip near Downers Grove. Pilots face steeper penalties for flying drunk than motorists have for operating a vehicle. The pilot was the only person aboard at the time of the crash and no personal injuries were reported. To read the full story, click here.

The CDC yesterday confirmed a link between the contaminated peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states. Health officials, though, were not clear whether the infection was the cause of the death or whether any of the dead had eaten peanut butter.

For the full article.

Stork Craft Baby Manufacturing, Inc. and federal regulators in the U.S. and Canada recalled more than one million cribs this week because of metal support brackets that can break, the latest in the rash of crib recalls that have led to infant deaths or injuries. In addition to the cribs, about 16,000 baby garments have been recalled because of the snaps on the garments can detach, posing a choking hazard to young children.

For the full article.

The U.S. Consumer Product Safety Commission recalled 200,000 potentially deadly Fisher-Price Rainforest-themed play yards yesterday. The product’s rails have been found to be prone to collapsing, creating hazardous consequences to the babies inside, such as trapping them, allowing them to fall out, giving them access to unsafe areas, or causing serious injuries or death. The agency stated that it had received complaints from over a thousand consumers after one or both sides of the Rainforest play yard had collapsed, causing injuries that included a broken nose, a mild concussion and a broken wrist. While the injuries thus far reported have been relatively minor, the threat that the collapsing rails poses is serious. According to Kids in Danger, a consumer safety group from Chicago, at least 18 children have died in other brands of play yards when the railings collapsed into a V-shape that strangled or trapped the children inside.

For the full story, click here.

A 72-car freight train travelling to Chicago from Canada derailed in Buffalo Grove, Illinois, effecting 5000 passengers. Commuters affected by the train accident are being advised by Metra to take the Milwaukee District North Line of find an alternative way of transportation. The Metra North Central Line is not expected to resume service today. While two of the cars were carrying sulfur, a toxic and hazardous material, it does not pose a danger to the public. No evacuations or injuries have been reported in conjunction with the derailment. For the full stroy, click here.

A federal judge has dismissed a national fraternity from a wrongful death lawsuit stemming from a fatal accident that happened after a party. The judge stated that the wrongful death lawsuit defendant, the national fraternity, could not be held responsible.

For the full article.

A wrongful death lawsuit has been filed by the family of a young girl who was killed in her neighbor’s house during a tornado. The family of the wrongful death victim is suing the construction company for poor construction, blaming it for the girls’ death.

For the full article.

The daughter of a man struck and killed by a Metra train as he crossed the tracks in Chicago, Illinois has filed a wrongful death lawsuit. The wrongful death lawsuit claims that the train could have stopped to avoid hitting him but was heavily speeding because the train was behind schedule. The train hit the man near the Edison Park station. The train was not scheduled to stop at the Edison Park station and was traveling at full speed, which is between 50 and 70 m.p.h. The man was fatally hit and pronounced dead on scene. The wrongful death suit claims the train and its conductor should have provided an audible warning, traveled at an excessive rate of speed and failed to engage the emergency brake. To read the full story, click here.

Officials from the Food and Drug Administration have finalized guidelines that make it easier for pharmaceutical companies to use medical-journal articles to promote drugs for unapproved uses. This has lead to opposition by several lawmakers, who call the rules too lenient for allowing the drug companies to distribute articles about their products to doctors, even when the articles involve uses of the drugs that haven't been federally approved. It is illegal for pharmaceutical companies to advertise their products for uses that have not been proven to the FDA to be safe and effective. Previously, the distribution of articles promoting such use would have would have violated the Food, Drug, & Cosmetic Act (FDCA), subjecting the offending companies to FDA action or products liability lawsuits. The new rules could lead to an increase in off-label (or un-approved) prescriptions. Because it has not been proven that the drugs are not dangerous for the unapproved uses for which they will be prescribed, the patients who receive these prescriptions have an increased risk of experiencing adverse drug effects, which can cause severe injuries or death.

For the full story, click here.

In a case of international products liability, CNN.com recently provided a report on the tainted milk scandal.

The family of a woman who was stabbed to death at a Dollar Tree has settled a workers’ compensation claim against the retailer. The amount of the settlement was not disclosed.

For the full article.

The first personal injury lawsuit has been filed against Continental Airlines in response to a plane crash that happened last month. 37 passengers sustained injuries as a result of the crash when the airplane ran off the runway and into a ravine, catching fire. The complaint names the airline and two pilots alleging that pilot error was the most likely cause of the aviation accident. The lawsuit claims that the pilot “negligently aborted” the flight shortly after takeoff. For the full story, click here.

A personal injury lawsuit was filed against a school district stemming from an October 2007 incident. The personal injury lawsuit alleges that an employee of the high school harassed and detained the personal injury plaintiff.

For the full article.

In a report on Kansas’s workers compensation system, the Associated Press commented that reckless employers are free from legal action even if their negligence led to the injuries of a worker. Worker’s compensation benefits in the state are capped at a certain amount based on the injured employee’s wages and the extent of the injury. Employees under this worker’s compensation system cannot take legal action against their employers in cases of personal injury at work. The AP stated that since businesses get coverage after paying insurance premiums, worker’s compensation payments should be the remedy for injured employees.

King Nut Companies has issued a total recall of peanut butter amid fears of a salmonella outbreak that the CDC says has infected 399 people in 42 states. The outbreak may have resulted in the wrongful death of a Minnesota person. Dozens of individuals in California were sick from ingesting the peanut butter.

For the full article.

Chicago health officials are reminding all Chicagoans to avoid any contact with bats. One of the flying mammals in the Lincoln Square neighborhood of Chicago tested positive for rabies this week. The bat was discovered by a housecat that woke up a man and woman in the home. The couple trapped the bucket and are being treated with a series of vaccinations spread out over 28 days.

For the full article.

Living in Chicago, the weather is something that we cannot escape. Unfortunately, with snow this heavy, people often get injured while shoveling. The Chicago Tribune recently released some helpful tips for shoveling.

1. Drink plenty of water. Shoveling can make you dehydrated.
2. Avoid that first layer of ice by getting a layer of salt down before the snow starts falling.
3. Shovel often so that you are not trying to get all 12 inches off of the driveway at once.
4. Pushing is more efficient than lifting snow.

For the full article.

A four-year-old boy died after being mauled by a Rottweiler dog on the Southwest Side of Chicago, Illinois. In the same week two sisters were mauled by a Rottweiler at their mother’s home in Joliet. Rottweilers and pit bulls must have proper training so that they do not fatally attack humans. To read the full story, click here.

A four year-old boy became the second death following an Illinois fire that engulfed a home. The boy’s grandfather also died as result of the fire. Another child, four months of age, was admitted to a burn unit in critical condition.

For the full article.

A fire swept through a brick bungalow in Brookfield, Illinois, killing a grandfather and leaving his two small grandchildren personally injured. The two children ages 4 months and 4 years old were taken to the hospital and are in critical condition with personal injuries. The elderly man was pronounced dead at the hospital. Neighbors said thick smoke was pouring from the home, and the fire took an hour to put out. To read the full story, click here.

Two workers contracted by the Illinois Department of Transportation were personally injured and suffered burns when they came into contact with a power line while hoisting a road sign in Deerfield, Illinois. The personal injuries occurred near an Interstate Highway 294 ramp. The workers were burned on their hands, and the extent of their personal injuries is not yet known. Both work for the Oak Brook, Illinois based Highway Technologies. At this time, no worker's compensation lawsuits have been filed. To read the full story, click here.

The owner of the escaped tiger has agreed to pay $935,000 to two drivers who received serious personal injuries when the tiger slipped out his cage. The two injured plaintiffs will split the personal injury lawsuit settlement. They both claimed to have suffered devastating back injuries in the chain-reaction car crash.

For the full article.

A fire in an apartment on the southeast side of Chicago killed three young children and personally injured a fourth child. The fire also spread to the roof of the 2 1/2- story building next door. The three siblings who died in the fire were ages 3, 2 and 7 months old. Firefighters rescued a fourth sibling who was 4 years old. There were no working smoke detectors in the residents. Fire officials did say that one smoke detector was found in the building, which has at least two apartments, but it was not working. Under Chicago law, a landlord must provide a smoke detector in a unit, but it is the responsibility of the tenant to ensure that it is working properly. Officials are looking to the cause of the fire and believe it may have been the misuse of a space heater. To read the full story, click here.

An organic food company was recently warned by the FDA that they must spell out that spelt is wheat. According to the FDA, it must be disclosed because it can trigger allergies.

For the full article.

Sisters, ages 5 and 10-years-old, have been hospitalized with personal injuries after being mauled by a Rottweiler in Illinois. The 5-year-old sister suffered the most serious personal injuries and may require extensive reconstructive surgery on her face and other parts of her head. The 10-year-old sister is in stable condition with personal injuries from the dog attack. The Rottweiler mauling occurred when the dog escaped from its cage and mauled one sister in the backyard and the other as she fled into the street. To read the full story, click here.

Jardine Enterprises and federal product-safety regulators expanded a crib recall because of wooden slats and spindles that can break, entrap, and strangle infants. This highlights continuing problems with U.S. crib safety since more than 3 million units have been recalled since September 2007.

For the full article.

An accident at a facility that converts poultry products into animal feed killed a worker and the company now faces a $500,000 fine in addition to a separate $436,000 OSHA fine. The company has stated that the tragic workplace accident has resulted in implemented measures to improve worker safety.

For the full article.

The products liability section of the American Association for Justice focuses on cases and legislation regarding products liability and product safety. It covers consumer products, automobiles, toys, and more.

To learn more about joining the Products Liability Section, click here.

A federal judge dismissed lawsuits that were filed in federal court on behalf of thousands of patients who have been implanted with dangerous Sprint Fidelis defibrillator-wires. It has been shown that the wires are prone to fracturing and transmitting electric shocks, which can cause severe injuries and death, and they were recalled by the FDA in October 2007. In dismissing the cases, the judge recognized that the plaintiffs have suffered injuries from using the defibrillators, but concluded that the lawsuits were preempted by federal law, citing Riegel v. Medtronic. In Riegel, a case decided last year, the U.S. Supreme Court held that federal medical device regulations prevent plaintiffs from bringing state product liability lawsuits unless the manufacturer is in violation of FDA regulations. This decision creates a “compliance defense” for the device manufacturers. As long as they abide by FDA regulations, and even though the devices they produce are shown to be dangerous and harmful, the medical device companies cannot be sued on behalf of the people whom their products have injured or killed.

The Supreme Court is currently considering a similar case involving prescription drugs and it will soon issue its ruling on whether federal law also preempts drug product liability cases. If the Court concludes that these lawsuits are indeed preempted, thousands of patients will have no legal recourse for injuries and deaths caused by prescription drugs. This would shield drug companies from liability for creating drugs that are initially approved by the FDA but later recalled after they are found to be harmful or deadly.

For the full story, click here.

The parents of a baby girl who was killed in a medical helicopter crash in Aurora, Illinois sued the companies that operated the helicopter. The lawsuit, filed in Cook County, was against Air Angels Inc. and Reach Medical Holdings. The suit alleges widespread negligence and systematic failures to follow safety practices that would have prevented the aviation accident. The lawsuit was filed on behalf of the parents whose 14-month-old daughter died when the helicopter taking her to Chicago’s Children Memorial Hospital struck a radio tower support wire and crashed in Aurora, Illinois. The pilot, a nurse and a paramedic on board also died in the helicopter accident. The National Safety Board has ruled out mechanical problems with the helicopter, indicating pilot error as probable cause. To read the full story, click here.

Three people, one from Illinois, died in a snowmobile crash. Two snowmobiles had crashed on a trail, killing both drivers and a passenger. While the local law enforcement are still investigating, no wrongful death suits have been filed. To read the full story, click here.

Authorities are searching for clues that might determine what caused a helicopter crash that killed eight people and personally injured one bound for an offshore oil platform. The helicopter crashed shortly after taking off. Two pilots and seven passengers were aboard when the helicopter crashed. The lone survivor was transported to a medical facility and is in critical condition with personal injuries. The helicopter crashed about seven minutes after it took off and authorities say that there were scattered clouds and good visibility. Investigators are looking for any information as to why the helicopter crashed. At this time, no wrongful death lawsuits have been filed. To read the full story, click here.

A wrongful death lawsuit has been filed by the family of a man killed while working. The wrongful death lawsuit alleges safety violations. The deceased had been making wooden boards for pallets using a board edger when the edger shot back a board into his chest.

For the full article.

Three men were seriously burned last week after corn dust caused two explosions at a worksite. State officials are investigating the worksite to determine the cause of the explosion and any possible violations. The fire chief said that the men were lucky to survive the explosion, which was so strong that it lifted a semitruck carrying 80,0000 pounds of grain.

For the full article.

Drugmaker Cephalon has paid more than $2.6 million to the state to settle allegations of product liability lawsuit. The pharmaceutical lawsuit alleged off-label marketing of three pharmaceutical products.

For the full article.

Officials at US Steel Gary Works say they are designing a plan to stem groundwater that has been leaking benzene into Lake Michigan for months. By the end of January, the steelmaker is expected to submit a treatment plan to state and federal environmental regulators for $1 million treatment system to stop the chemical leak. As part of the steel plant’s federal order to analyze soil and groundwater for contamination this summer, officials discovered benzene-laden groundwater had been trickling into the lake. No agency seems to know how much benzene has gone into the lake. The Company has found benzene levels of one to three parts per million in groundwater monitoring wells near the affected water. The EPA project manager state that although the level is not showing any immediate risk, it is high enough. To read the full story, click here.

A couple who were flying a home-built aircraft died after their plane crashed in a Joliet, Illinois airport. The airplane was attempting to land from the west. It then came to rest on the runway of the airport and burst into flames. A spokesperson stated that the plane “was burned beyond recognition.” Authorities believe that the aircraft took off from a Buffalo, N.Y.-are airport and was bound for Madison, Wisconsin. Officials are still unable to state whether the pilot contacted someone on the ground to report any problems before the plane crash. There was good weather and clear visibility on the night of the airplane crash. The small regional airport in Joliet, Illinois is a fueling stop for smaller planes on route to other destinations, and may see 10 airplanes landing or taking off. To read the full story, click here.

Westport Insurance Corp. v. Jackson National Insurance Co., No. 2-07-1205 (12-19-08), found that an insurer was entitled to declaratory judgment that professional liability policy of insurance agency did not require it to indemnify agency from liability arising from transmission of unsolicited faxes; because advertising did not amount to rendering service as an insurance professional within the contemplation of the policy. This case will have an effect on professional malpractice cases.

Several patients and employees at a Chicago north suburban hospital were treated for smoke related personal injuries after a fire started in a room of the hospital’s psychiatric ward. Crews responded to a small fire in a patient’s room at the Vista Health Saint Therese Medical center in Waukegan, Illinois. The fire occurred in a third-floor room of the medical center, where a mattress caught fire. The third-floor of the hospital is a locked ward. When fire crews arrived, hospital employees had partially extinguished the blaze, which filled the floor with a considerable amount of smoke. The hospital was not evacuated but employees and patients on the floor were moved to a “safer” area of the hospital while the space was cleared of smoke. Two patients were taken to a nearby hospital for smoke related personal injuries and up to eight employees were treated for personal injuries as well. While the police are investigating the cause of the fire, no personal injury lawsuits have been filed. To read the full story, click here.

Clarendon America Co. v. B.G.K. Security Services Inc., No. 1-07-2994 (12-19-08) is a sixth division decision which affirmed a trial court decision that general liability insurer of security firm, sued for wrongful death, personal injuries, and negligent infliction of emotional distress, resulting from its alleged negligent provision of security services at Cook County office building when fire broke out, may not use extrinsic evidence beyond language of policy and allegations of complaints against its insured, in declaratory judgment action challenging its obligation to defend insured against underlying complaints based on exclusion for joint ventures. Therefore, because named insured was sued in its individual capacity in underlying litigation, because insured may not be forced to litigate ultimate fact of underlying litigation in declaratory judgment action, and because joint venture provision in exclusion in policy is ambiguous, trial court did not err when it granted summary judgment in favor of insured. This decision will have a profound effect on premises liability lawsuits.