Illinois Injury Lawyer Blog

A recent editorial again highlighted the need for the U.S. legal system. Despite what proponents of tort reform and damages caps want you to believe, the United States personal injury lawsuit system works. The need for our system was recently reinforced by the Toyota product liability recall. The author of the editorial told the story of a man whose Toyota Camry started speeding wildly on a scenic cliff-side drive in California when it plunged into the ocean 70 feet below. While the driver survived, his wife who was a passenger in the car did not survive. Only a year later, a woman was crushed in her Camry when it became suddenly unstoppable, airborne, and hit a tree. Again, last summer, four members of a family were killed after the gas pedal on their Lexus was stuck.

Despite reports of dangerous Toyota errors, the company was quiet and blamed driver error or faulty floor mats. Similarly, federal regulators did not press the company. The National Highway Traffic and Safety Administration opened and closed half a dozen investigations without any significant action on the product liability.

The writer of the editorial addressed that United States court system and the role that injury attorneys play in it provides an early warning system, alerting regulators and news organizations to product hazards that the public would likely not be aware of. Courts also get responses from manufacturers who might have been able to fend off federal investigators if they decided to investigate product concerns. The writer of the article summed it up when he said it’s time to recognize once more that litigation over dangerous products and services can avert countless wrongful deaths and personal injuries.

To read the full editorial, click here.

The Chicago personal injury attorneys at Levin & Perconti realize that much of the news that our readers encounter about trial lawyers is negative. The need for “tort reform” has been used as a plea to gain votes in elections and get Americans fired up over false information. So when we came across an opinion piece in the Wall Street Journal about why we need trial lawyers, we wanted to share it with our readers. The reality is, as this piece eloquently addresses, that product liability litigation has become a very important means of keeping American consumers safe. The most recent example is the Toyota recalls, which Levin & Perconti has heavily blogged about, and the recent revelations of Toyota’s corporate issues.

In part because of insufficient government oversight, lethal defects have recently gone uncorrected for years in the Toyota recall. Affecting various models, we have now learned that car owner complaints of product liability issues were either minimized or ignored by Toyota and the regulatory government agencies that were responsible for policing the company. One review of federal records found as many as 2,600 consumer product complaints of sudden acceleration over a 10 year period. And, only now has any product recall been issued. According to CBS, released internal documents now indicate that Toyota was tracing its problem to its software as far back as 2005.

Simply put, the government is overburdened following the Bush administration’s weakening of regulatory agencies’ power through cutting funding and personnel in addition to a massive work load. A case in point is the Food and Drug Administration (FDA) and its caseload extended to more than 11,000 existing drugs, 100 new drugs yearly and a products ranging from foods to vaccines that account for almost 25% of all consumer spending. Trial attorneys, such as the product liability attorneys at Levin & Perconti, act as a check and help to give a voice to consumers who have been ignored by companies and the government. Product liability lawsuits have played a crucial role in ensuring public safety and encouraging manufacturers to put safety, instead of profits, first.

Click here to read the entire piece on the need for trial attorneys.

Last week, the Chicago Tribune published a letter to the editor written by Peter Flowers, President of the Illinois Trial Lawyers Association (ITLA). ITLA is a statewide organization whose members, including the Chicago injury attorneys at Levin & Perconti who represent injured workers and consumers. In his letter to the editor, Mr. Flowers addresses insurance reform following the Illinois Supreme Court’s recent ruling against arbitrary caps on victims’ compensation.

Mr. Flowers set the background by informing readers that this was the third time the issue of caps was before the court and the third time that the Illinois Supreme Court ruled in favor of the citizens’ right to seek just compensation. Following the decision, those who side with the insurance industry have had an unfavorable reaction to the Illinois Supreme Court ruling and in opposing its decision have spread fiction and chosen to ignore the facts of caps. Opposers state that the absence of caps caused an exodus of doctors from Illinois; however, the truth is that since 1963, the number of doctors in Illinois has increased.

Another piece of fiction that is often spread to readers statewide and physicians statewide is that insurance premiums for doctors rose because of the lack of caps on damages for medical mistakes. The truth is that the rise in insurance premiums has more to do with insurance company greed – the state’s largest medical malpractice insurer recorded profits of $124.2 million from 2006 through 2008. The little decrease that happened when the caps were in place occurred because of insurance reform and state mandates.

Most people often forget is that compensation for victims is not a “prize.” Illinois medical malpractice victims suffer from the medical mistakes for the rest of their lives; they deserve to seek justice. Mr. Flowers addresses that the solution to rising insurance premiums for physicians will happen by reforming the insurance industry. Reforms work and should be re-enacted so that doctors are not faced with unconscionable increases in their premiums while insurance companies make enormous profits. When insurance companies are held accountable, health care in Illinois will improve.

The Chicago Sun-Times has reported that a young Chicago-area couple has filed a car accident lawsuit after a violent crash killed their 13-month old son. The recent Chicago-area crash also killed two of the couple’s friends. The Chicago couple is now seeking justice and has filed a car accident lawsuit against the driver who is alleged to have slammed into their Honda Civic, resulting in the wrongful death of all three backseat passengers. The alleged driver is reported to have been fleeing another car crash he was involved in also in Chicago. The car accident lawsuit alleges that the defendant engaged in reckless conduct, which is defined as a conscious disregard for the safety of other people. The personal injury and wrongful death lawsuits seek at least $50,000 in damages.

The Cook County State’s Attorney’s office, led by Cook County State’s Attorney Anita Alvarez, has reported that it is also reviewing the car crash, but no criminal charges have been filed against the driver yet. Witness accounts state that the driver was traveling between 80 to 90 miles per hour, hitting the Honda so hard that it knocked the car accident toddler victim out of the car seat he was fastened into and into a rear window. The friends were also ejected from the vehicle. The parents of the wrongful death victim are trying to cope for the time being. Levin & Perconti is keeping the parents and those coping with this horrific loss in our thoughts.

Click here to read more about the car accident lawsuit.

The Chicago-area newspaper The Daily Herald recently reported on a local negligence lawsuit that was filed in the Cook County Circuit Court that Levin & Perconti thought was interesting. The story reports that an Illinois Elgin family has filed a lawsuit against NICOR, a local gas company. The Illinois homeowners state that their Elgin home exploded and burned to the ground earlier this month after a natural gas leak. The lawsuit, filed in Cook County Circuit Court, alleges that Nicor Gas employees committed negligence when they failed to ensure the Illinois occupants’ safety while they inspected and tested the house for a natural gas leak. The ranch home exploded and caused a fire that destroyed the home. The lawsuit seeks more than $50,000 in damages from the Illinois utility company.

The Chicago personal injury attorneys at Levin & Perconti file negligence lawsuits often on behalf of our clients who have been injured or who have loved ones who have been hurt. Negligence is a party’s failure to use reasonable care. In other words, it is the doing of something which a reasonably prudent person would not do. This lawsuit filed by the plaintiffs at the Cook County courthouse contends that the Nicor gas company committed negligence in not ensuring that the occupants were safe, something the plaintiffs contend that a reasonably prudent person would have done.

To read more about the gas company lawsuit, click here.

A year ago, a fifth-grader was tragically found hanging in the bathroom of an Evanston suburban elementary school. An autopsy by the Cook County Medical Examiner’s office determined that the 10 year old Skokie boy died of hanging and ruled his death a suicide. Recently, the Chicago Sun-Times reported that the family of the fifth-grader has filed a wrongful death lawsuit against the Evanston school district. The wrongful death lawsuit plaintiff contends that the school district had the responsibility to keep her son safe during school hours. The wrongful death lawsuit alleges that no effort was made to locate the 10 year old after he went missing as students were lining up to go to gym class. The 10 year old was found 30 minutes later by another student.

The wrongful death lawsuit has four counts, which claim wrongful death negligence, survival action negligence, wrongful death related to willful and wanton conduct, and survival related to willful and wanton conduct. Each of the counts seek in excess of $50,000. To better understand the meaning of the lawsuit, the attorneys at Levin & Perconti wish to explain some of the terms of the wrongful death lawsuit. First, negligence is a party’s failure to use reasonable care; it is the doing of something which a reasonably prudent person would not do. Further, willful and wanton conduct is the conscious and intentional disregard of an indifference to the rights and safety of others, which the defendant party knows or should know is likely to result in injury, damage, or other harm. Thus, the wrongful death lawsuit against the school district alleges that the school acted with a conscious disregard for the 10 year old’s safety or at the very least failed to use reasonable care.

Click here to read the Chicago Sun-Times article on the wrongful death lawsuit. ht

The Chicago attorneys at Levin & Perconti recently read an article about an Illinois lawsuit that promises to be interesting. As our blog readers know, the attorneys at Levin & Perconti specialize in Illinois injury lawsuits, so this injury ruling peaked our interest. The Chicago Tribune reported that a DuPage, Illinois County judge recently issued a ruling that an Illinois jury should consider if a golfer was negligent in a golf accident where his golf ball hit a woman who was working in her yard next to the golf course. The Illinois judge said that laws in some states say that people who purchase their homes near a golf course assume the risk of being hit by the ball. Assumption of risk is a defense in tort law which stops an injury plaintiff from being able to recover damages against a negligent party if the negligent party can show that the plaintiff voluntarily and knowingly assumed the risks at issue. However, Illinois does not have such a law in regards to homes near golf courses.

This golf accident occurred in August 2005 when a Naperville man hit a West Chicago woman on the head. The Naperville Illinois man was participating in an annual DuPage, Illinois County Republican Day. The golf injury lawsuit was filed in 2007 and alleged that the Naperville man was negligent. The injury plaintiff contends that she continues to suffer migraine headaches as a result of the golf accident. The Illinois Golf & Country Club is also a part of the golf lawsuit, which is seeking more than $50,000 in damages.

To read more about the golf injury lawsuit ruling, click here.

Norman v. Brandt, no. 4-09-0246 (2-4-10) is a case where the Plaintiff alleged that Defendant, who offered to lead cars of friends who were heading to lake to swim, drove his vehicle "in concert" with driver of vehicle from which Plaintiff was thrown to cause his injuries and death. The appellate court affirmed the district court’s decision that granted summary judgment for Defendant because Plaintiff's vehicle was following closely behind Defendant on a narrow country road and careened off road and rolled over in field. Despite Defendant having exceeded speed limit, he did not commit tort in concert, per Restatement of Torts Section 876, as not attempting to race, no horseplay, and did not drive in way to encourage or substantially assist other driver to driver tortiously. This case will impact Illinois per se negligence.

Jackson v. Ford Motor Company, No. 5-05-0723 affirmed a jury verdict for $43 million, including $15 million in punitive damages. The plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk pierced fuel tank and caught fire immediately; both were severely burned and one Plaintiff died. Products liability and four negligence claims as to design of fuel tank. Court declined to extend due-process analysis of excessive punitive-damage awards to liability for punitive damages. Court concluded both parties received fair trial, as jury heard extensive evidence from both sides, and contested issues were fully and fairly presented. Ample evidence of standard of care and of alternative fuel tank locations recognized and used in auto industry. Defendant failed to submit special interrogatories and thus cannot claim prejudice on claim alleged to be unsupported by sufficient evidence. Proper to admit evidence of Defendant's pre-injury, post-sale safety improvements, as policy considerations that bar admission of post-accident remedial measures are inapplicable. This case will impact products liability law in Illinois.

Erie Insurance Exchange v. Triana, Nos. 1-08-3310 (2-3-10) affirmed a decision ruling that a driver and a passenger who were in an automobile accident in Galena with an underinsured motorist should have been grated summary judgment. The summary judgment for the underinsured motorist was proper where the trial court found setoff provisions of the policy were not ambiguous; and only $100,000 in total UIM benefits remained for all defendant after setoff by $200,000 total paid to both by other driver's insurer. Underinsured motorists split limits of $300,000 per person/$300,000 per accident, but with setoff provision that these limits would be set off by aggregate amount paid by tortfeasor. This case will impact automobile accident law.

Pence v. Northeast Illinois Regional Committee Corporation, No. 1-08-3668 (2-3-10) affirmed a decision ruling that since the plaintiff parked his car in the Metra parking lot, and then walked diagonally across the street, and it was in middle of street tripped on bolt protruding from railroad tie, Metra owed no duty to Plaintiff as he was not a passenger, as he had not yet boarded train and had not purchased train ticket that morning, even though Plaintiff stated that he had monthly train pass and intended to board train. Plaintiff was not in a crosswalk at time of his fall, thus he was not intended user of middle of street and Metra owed no duty of care to him. This Illinois case will impact premises liability.

A company has agreed to pay a product liability settlement in the amount of $200,000. The settlement will settle allegations that it violated U.S. law when it imported the Thomas and Friends, Curious George, and Winnie the Pooh toys that had high levels of lead in them and posed dangers to children who used the toys. The Consumer Product Safety Commission had alleged that the company imported tens of thousands of toys that violated the federal lead paint ban and then distributed them to retail stores.

Click here to read more about the product liability settlement.

Teen fashion clothing store Aeropostale and Saks outlet stores have pulled from its shelves necklaces that had high levels of toxic metal in them. Environmental groups tested the necklaces and the necklaces showed to have high levels of cadmium, which could be harmful to consumers. Aeropostale has gone one step further, saying that no cadmium will be acceptable in its jewelry and suppliers will have to prove that products are clean with independent lab testing. Lately, cheap metal jewelry warn by children and often imported from China have been the focus of federal regulators, lawmakers, and retailers because of potential product liability.

To read more about the cadmium in jewelry, click here.

Environmental advocates have asked a court to use an old law to force manufacturers to reveal what ingredients make up household staple cleaning items. The cleanser industry, which has recently pushed voluntary efforts to unveil product ingredients, claims that the lawsuit is not warranted and that fears about health risks are misinformed. Groups such as the American Lung Association and the Sierra Club want the public to know more, and want access to the information so they can determine of any of the chemicals are harmful to the homes and whether there are any product risks associated with them.

For more information about the environmentalist push, click here.

United States automaker Ford Motor Co. has plans to fix 17,600 Mercury Milan and Ford Fusion gas-electric hybrids. The fix is because of a software problem that may give drivers the impression that the brakes have failed. Unlike the recent Toyota recall, Ford says that the problem occurs in transition between two braking systems and at no time are drivers without brakes. The decision was made to correct the 2010 model after a test driver for Consumer Reports magazine experienced the problem as he was driving a Fusion Hybrid. A spokesperson for Ford said that the automaker will notify car owners to bring their cars in for the software fix and added that there is no product safety problem with the cars.

Click here to read more about Ford’s brake fix.

In a case that the attorneys at Levin & Perconti have been keeping an eye on, the Illinois Supreme Court recently struck down our state’s $500,000 cap on awards for pain and suffering in medical malpractice lawsuits against physicians. The Illinois Supreme Court found that the limits set by the Illinois legislature violated the Illinois state constitution’s separation of powers principle. The tort reform ruling involved a medical malpractice case filed on behalf of a child who suffered a birth injury.

Click here to read more about the Illinois Court’s awards cap ruling.

The judicial primary results for Cook County have been released. To view the results, please click the link.

Last week, Toyota expanded the product recall of vehicles possibly affected by the unexpected acceleration issue that has been all over the news recently. ABC World News recently reported that the millions of Toyota drivers are worried and utterly confused about the product recall. The owners are desperately wondering if it is safe to keep driving there cars. Furthermore, Toyota car dealers have expressed feeling blindsided by Toyota’s decision to suspend sales of some models. Plus, many have expressed astonishment that Toyota advised owners of the cars affected should keep driving them despite the possible hazard.

Continue reading "Toyota suspends sales of certain models, but says they are safe to drive" »

Botox – best known as a face-lift in a syringe – also helps to relax contorted muscles and can sometimes help young patients walk without surgery. Unfortunately, Botox did not work appropriately for a 6 year old girl who received Botox injections to calm spasms in her legs. The 6 year old’s mother alleges an overdose of the Botox drug killed her. This case is believed to be the first Botox wrongful death trial alleging a fatal reaction to reach trial; it is one of the several pending wrongful death lawsuits related to the drug’s cosmetic and non-cosmetic uses.

To read more about the Botox injury trial, click here.

One woman began replacing her regular fast food meals with meals from the Fresco menu from Taco Bell and lost over 50 pounds; she is now their spokesperson. Taco Bell is not the only fast food business to start reaching out to those seeking to save calories. Other places include Dunkin’ Donuts, Quiznos, Starbucks, McDonald’s, and Subway. Health experts fear now that by seeking out a lot of fast food, dieters may be having more sodium than they otherwise would. One added, when we remove things out of food, we often add back salt and the salt is so far in excess of what would be considered a healthy quantity that it definitely counteracts any health benefits.

Click here to read more about health experts concern over the fast food diet craze.

The federal government through the Department of Housing and Urban Development and the Consumer Product Safety Commission has issued guidelines for homeowners to identify potentially dangerous drywall. The federal agencies last week stated that the guidance will assist in identifying the presence of metal corrosion and other characteristics of the suspected drywall building materials. The guidelines instruct that a visual inspection must show blackening of copper wires in the home only for drywall installed between 2001 and 2008. The federal government is considering how to help affected homeowners.

More information on the guidelines is available here.