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      <title>Illinois Injury Lawyer Blog</title>
      <link>http://www.illinoisinjurylawyerblog.com/</link>
      <description>Published by Levin &amp; Perconti</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
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         <title>Residents say that fire alarm system did not go off during Uptown fire</title>
         <description><![CDATA[<p>Chicago news source <a href="www.lakeeffectnews.com" target="_blank">Lake Effect News</a> is reporting tonight that there was a severe fire in an Uptown SRO this afternoon. Editor Lorraine Swanson reported that the fire on the seventh-floor left one man with personal injuries of second-degree burns. He also suffered from smoke inhalation. Dozens of other residents exited their units and many residents told Lake Effect News that the building’s alarm system did not go off during the fire; they were ignorant of the fire until the fire trucks pulled up. One witness told Lake Effect News that firefighters were knocking on doors looking for the fire and smoke came pouring out when they found the unit with the fire. Firefighters used a thermal imaging camera to find the victim who was lying on the floor.</p>

<p>Fortunately, this fire appears to have been contained to the one unit and did not spread to other parts. If residents’ accounts of non-functioning smoke detectors and fire alarms are true, this fire could have led to tragic results. We will keep watching as this story unfolds. </p>

<p>Click here to read the <a href="http://www.lakeeffectnews.com/2010/03/09/fire-alarm-system-did-not-go-off-during-uptown-sro-fire/ " target="_blank">Lake Effect News story</a> on the Uptown fire. </p>

<p>The injury attorneys at Levin & Perconti are familiar with what tragedies occur when smoke detectors fail. The <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">Illinois fire injury attorneys</a> represented families of six children who died in a tragic apartment fire in 2006 in the Rogers Park neighborhood of Chicago. Two other children were severely injured in the fire. The Chicago landlords of the apartment building failed to ensure that the unit had functioning smoke detectors. This violated the <a href="http://egov.cityofchicago.org/city/webportal/portalContentItemAction.do?topChannelName=HomePage&contentOID=536932727&Failed_Reason=Invalid+timestamp,+engine+has+been+restarted&contenTypeName=COC_EDITORIAL&com.broadvision.session.new=Yes&Failed_Page=%2Fwebportal%2FportalContentItemAction.do" target="_blank">Chicago Municipal Code</a>. In 2007, the injury attorneys obtained a <a href="http://www.levinperconti.com/lawyer-attorney-1087669.html" target="_blank">$6 million settlement</a> on behalf of the families of the Rogers Park apartment fire victims in their lawsuit against the building owners and managers. </p>

<p>To read more about the 2007 wrongful death settlement, <a href="http://www.levinperconti.com/docs/ramirez_-_tribune.pdf" target="_blank">click here</a>.  <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/03/residents_say_that_fire_alarm.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/03/residents_say_that_fire_alarm.html</guid>
         <category>Fire Safety</category>
         <pubDate>Tue, 09 Mar 2010 21:49:10 -0600</pubDate>
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         <title>Arrests made in deadly Illinois apartment fire</title>
         <description><![CDATA[<p>On the morning of Valentine’s day, a <a href="http://www.levinperconti.com/lawyer-attorney-1090364.html" target="_blank">tragic deadly fire</a> killed seven people, including four children, in Cicero, Illinois. Further, a Cicero Fire Department firefighter also suffered a personal injury when a chimney collapsed on his head inside the building. Two adults were wrongfully killed near the porch area and five others were found in the attic of the building which had a single stairwell as a means of escape. During the fire, however, the stairwell was blocked and trapped the victims. </p>

<p>Yesterday, the <a href="Chicagotribune.com" target="_blank">Chicago Tribune</a> outlined the landlord’s alleged murder plan that led to the deadly Illinois fire. According to Cook County prosecutors, the landlord intended to burn down one of his Cicero apartment buildings and collect on the $250,000 insurance policy. He was planning to move to West Virginia and make himself hard to find without a telephone or mail service. He is alleged to have hired the Cicero building’s maintenance man to carry out the plot to torch the wood structure during the day when the children were at school and women were at work. Apparently, the handyman didn’t listen – and set fire at 6:30 a.m. on a Sunday. </p>

<p>Unfortunately, the Chicago injury attorneys are not unfamiliar with stories of deadly Illinois fires. The Illinois wrongful death attorneys represented the families of six children who died in a tragic apartment fire on Chicago’s north side. Two other children had sustained severe burns in the fire. The landlords of the building where the deadly fire occurred failed to have proper and working smoke detectors in violation of the Chicago Municipal Code. The Chicago attorneys obtained a <a href="http://www.levinperconti.com/lawyer-attorney-1087669.html" target="_blank">$6 million settlement</a> on behalf of the families of the Chicago fire victims. </p>

<p>Click here to read more about the <a href="http://www.chicagotribune.com/news/ct-met-0306-cicero-fire--20100306,0,7935401.story" target="_blank">deadly Illinois fire</a>. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/03/arrests_made_in_deadly_illinoi.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/03/arrests_made_in_deadly_illinoi.html</guid>
         <category>Injuries to Minors and Children</category>
         <pubDate>Mon, 08 Mar 2010 07:58:30 -0600</pubDate>
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         <title>Case Law Update:  Duty of Care in Premises Liability</title>
         <description><![CDATA[<p><a href="http://www.state.il.us/court/Opinions/AppellateCourt/2010/1stDistrict/February/1083668.pdf" target=_”blank”>Pence v. Northeast Illinois Regional Commuter Corporation</a>, No. 1-08-3668 (2-3-10) found that when the plaintiff parked his car in Metra parking lot, and walked diagonally across the street, and 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 case will impact Illinois <a href="http://www.levinperconti.com/lawyer-attorney-1090376.html" target=_”blank”>premises liability law</a>.  </p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/03/case_law_update_duty_of_care_i_1.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/03/case_law_update_duty_of_care_i_1.html</guid>
         <category>Tips for Lawyers</category>
         <pubDate>Sun, 07 Mar 2010 15:18:21 -0600</pubDate>
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         <title>Legislative Update:  Electronic notice </title>
         <description><![CDATA[<p><a href="http://eservices.isba.org/12all/lt/t_go.php?i=3791&e=OTQ1ODU2MA==&l=-http--www.ilga.gov/legislation/fulltext.asp--Q-DocName--E---A-SessionId--E-76--A-GA--E-96--A-DocTypeId--E-HB--A-DocNum--E-5381--A-GAID--E-10--A-LegID--E-50415--A-SpecSess--E---A-Session--E- " target=_”blank”>House Bill 5381</a> would allow the circuit court to give required notice to a party by email if the party has an electronic address. Requires that the circuit clerk maintain a copy of the electronic content and a delivery receipt in his or her records. Gives electronic notices the same effect as a hard copy notice.  This bill would have a large impact on <a href="http://www.levinperconti.com/index.html" target=_”blank”>Illinois lawyers</a>.  </p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/03/legislative_update_electronic.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/03/legislative_update_electronic.html</guid>
         <category>Tips for Lawyers</category>
         <pubDate>Sun, 07 Mar 2010 15:15:11 -0600</pubDate>
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         <title>Chicago injury attorney: Key to ending violence in nursing homes is adequate staffing</title>
         <description><![CDATA[<p><a href="http://www.levinperconti.com/lawyer-attorney-1088032.html" target="_blank">Chicago injury attorney</a> Steven M. Levin recently addressed the violence that has been reported and uncovered in Illinois nursing homes in a Letter to the Editor at Chicago Tribune. Mr. Levin commended the Chicago Tribune’s effort in raising public awareness surrounding the safety issues in Chicago nursing homes. The title of the <a href="chicagotribune.com" target="_blank">Chicago Tribune</a> article was “Nursing homes’ toll: 86 sex cases, 1 arrest.” Steven M. Levin has represented victims and families of victims in several incidents of Illinois nursing home abuse and neglect and has advocated for nursing home reform for many years. The nursing home attorneys at Levin & Perconti have fought for the vulnerable nursing home victims and have been successful in obtaining many record verdicts and settlements. </p>

<p>The Chicago Tribune noted that many of the Illinois nursing homes where sexual attacks occurred were operated with insufficient nursing home staff. Mr. Levin replied that substandard nursing home staffing is the cause of the majority of <a href="http://www.levinperconti.com/lawyer-attorney-1088032.html" target="_blank">Illinois nursing home neglect</a> and safety issues. Mr. Levin added that some nursing home owners focus on census and revenue over the safety of their nursing home residents. In order to end the incessant violence in Chicago nursing homes, we must address the issue of nursing home staffing. </p>

<p>As highlighted in a blog post from earlier this week, Illinois elected officials are stepping up their push for nursing home safety, but there is more that we can do. Readers are encouraged to contact your state representatives to demand legislation providing adequate staffing standards for Illinois nursing homes. You can find out who your state representative is by <a href="http://chicago.about.com/gi/o.htm?zi=1/XJ&zTi=1&sdn=chicago&cdn=citiestowns&tm=14&f=00&tt=12&bt=0&bts=0&zu=http%3A//www.elections.il.gov/DistrictLocator/SelectSearchType.aspx%3FNavLink%3D1" target=-"_blank">clicking here</a>. </p>

<p>To read the Letter to the Editor that Steven M. Levin submitted to the Chicago Tribune, <a href="http://www.levinperconti.com/files/chicago-tribune-2-2010.pdf " target="_blank">click here</a>. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/03/chicago_injury_attorney_key_to.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/03/chicago_injury_attorney_key_to.html</guid>
         <category>Nursing Home Abuse</category>
         <pubDate>Wed, 03 Mar 2010 21:06:31 -0600</pubDate>
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         <title>Nursing home safety push stepped up by Illinois government</title>
         <description><![CDATA[<p>The <a href="http://www.levinperconti.com/lawyer-attorney-1088032.html" target="_blank">Chicago nursing home attorneys</a> at Levin & Perconti are happy to share that the State of Illinois is stepping up its nursing home safety push, according to a recent <a href="chicagotribune.com" target="_blank">Chicago Tribune</a> article. The Illinois Attorney General stated that her office and the local police are working to protect Illinois nursing home residents by visiting Chicago and Illinois nursing homes unannounced and also conducting safety checks at troubled Illinois nursing homes. </p>

<p>Chicago police have joined forces with investigators and medical experts from the <a href="http://www.illinoisattorneygeneral.gov/" target="_blank">Illinois Attorney General’s office</a> to find unregistered felons and sex offenders living in Illinois nursing homes. When visiting Illinois nursing homes unannounced, authorities are also interviewing nursing home residents and nursing home staff at the Illinois facilities with histories of serious resident safety breaches. Illinois Governor Pat Quinn is also working to introduce a comprehensive package of nursing home safety-reform bills in the near future. </p>

<p>The nursing home injury attorneys at Levin & Perconti are glad that vulnerable nursing home residents are finally getting the attention they need and deserve. For too long, residents have been neglected, being abused under the radar. Recently, Governor Quinn’s Nursing Home Safety Task Force completed a 52-page plan to overhaul our state of Illinois’s troubled nursing home system. The task force was formed after a Tribune investigation documented rapes, attacks, and murders at Illinois and Chicago nursing homes that serve the area’s poorest residents. Particularly troublesome in Illinois is its reliance on nursing homes to house younger psychiatric patients, including more than 3,000 with felony records. This is an issue that Levin & Perconti has often highlighted in its <a href="http://blog.levinperconti.com/" target="_blank">Illinois nursing home abuse</a> blog. More than a dozen early nursing home safety bills have already been introduced by nursing home advocates and the nursing home industry. </p>

<p>Click here to read the full <a href="http://www.chicagotribune.com/news/local/ct-met-nursing-home-safety-20100224,0,5700559.story" target="_blank">Chicago Tribune article</a> about the increased safety push. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/03/nursing_home_safety_push_stepp.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/03/nursing_home_safety_push_stepp.html</guid>
         <category>Illinois statutes and Chicago Municipal Codes</category>
         <pubDate>Mon, 01 Mar 2010 21:45:06 -0600</pubDate>
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         <title>Toyota makes case for U.S. legal system</title>
         <description><![CDATA[<p>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 <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">personal injury lawsuit</a> 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.</p>

<p>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 <a href="http://www.nhtsa.dot.gov/" target="_blank">National Highway Traffic and Safety Administration</a> opened and closed half a dozen investigations without any significant action on the product liability. </p>

<p>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 <a href="http://www.illinoisinjurylawyerblog.com/wrongful_death/" target="_blank">wrongful deaths</a> and personal injuries. </p>

<p>To read the full editorial, <a href="http://www.buffalonews.com/2010/02/22/964854/toyota-makes-the-case-for-u-s.html" target="_blank">click here</a>. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/toyota_makes_case_for_us_legal.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/toyota_makes_case_for_us_legal.html</guid>
         <category>Wrongful Death</category>
         <pubDate>Sun, 28 Feb 2010 21:08:41 -0600</pubDate>
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         <title>The need for trial lawyers</title>
         <description><![CDATA[<p>The <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">Chicago personal injury attorneys</a> 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<em> Wall Street Journal</em> 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.</p>

<p>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 <a href="cbs.com" target="_blank">CBS</a>, released internal documents now indicate that Toyota was tracing its problem to its software as far back as 2005. </p>

<p>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 <a href="fda.gov" target="_blanK">Food and Drug Administration</a> (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 <a href="http://www.levinperconti.com/lawyer-attorney-1090376.html"  target="_blanK">product liability attorneys</a> 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.</p>

<p>Click <a href="http://images.magnetmail.net/images/clients/ATLA/attach/WSJ022310.pdf" target="_blank">here</a> to read the entire piece on the need for trial attorneys. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/the_need_for_trial_lawyers.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/the_need_for_trial_lawyers.html</guid>
         <category>Products liability</category>
         <pubDate>Thu, 25 Feb 2010 08:12:17 -0600</pubDate>
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         <title>ITLA President discusses the truth behind insurance reform</title>
         <description><![CDATA[<p>Last week, the <a href="chicagotribune.com" target="_blank">Chicago Tribune</a> published a letter to the editor written by Peter Flowers, President of the <a href="www.itla.com" target="_blank">Illinois Trial Lawyers Association</a> (ITLA). ITLA is a statewide organization whose members, including the <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">Chicago injury attorneys</a> 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. </p>

<p>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 <a href="http://www.state.il.us/court/" target="_blank">Illinois Supreme Court</a> 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. </p>

<p>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. </p>

<p>Most people often forget is that compensation for victims is not a “prize.” <a href="http://www.levinperconti.com/lawyer-attorney-1090372.html" target="_blank">Illinois medical malpractice</a> 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. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/itla_president_discusses_the_t.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/itla_president_discusses_the_t.html</guid>
         <category>Tort Reform</category>
         <pubDate>Wed, 24 Feb 2010 09:36:20 -0600</pubDate>
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         <title>Chicago couple files car accident lawsuit after baby, two friends die in crash</title>
         <description><![CDATA[<p>The <a href="chicagosuntimes.com" target="_blank">Chicago Sun-Times</a> 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 <a href="http://www.levinperconti.com/lawyer-attorney-1088034.html" target="_blank">car accident lawsuit</a> 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 <a href="http://www.levinperconti.com/lawyer-attorney-1090360.html" target="_blank">wrongful death lawsuits</a> seek at least $50,000 in damages.</p>

<p>The <a href="http://www.statesattorney.org/" target="_blank">Cook County State’s Attorney’s</a> 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. </p>

<p>Click here to read more about the <a href="http://www.suntimes.com/news/metro/2036251,molina-alanis-lawsuit-baby-killed-crash-020810.article" target="_blank">car accident lawsuit</a>. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/chicago_couple_files_car_accid.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/chicago_couple_files_car_accid.html</guid>
         <category>Motor Vehicle Accidents</category>
         <pubDate>Mon, 22 Feb 2010 10:52:27 -0600</pubDate>
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         <title>Local gas company sued over Illinois house explosion</title>
         <description><![CDATA[<p>The Chicago-area newspaper <em>The Daily Herald</em> recently reported on a <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">local negligence lawsuit</a> 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 <a href="http://www.cookcountycourt.org/about/index.html" target="_blank">Cook County Circuit Court</a>, 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. </p>

<p>The <a href="levinperconti.com" target="_blank">Chicago personal injury attorneys</a> 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. </p>

<p>To read more about the gas company lawsuit, <a href="http://www.dailyherald.com/story/?id=355130c" target="_blank">click here</a>. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/local_gas_company_sued_over_il.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/local_gas_company_sued_over_il.html</guid>
         <category>Current Issues</category>
         <pubDate>Sun, 21 Feb 2010 20:47:07 -0600</pubDate>
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         <title>Chicago-area family sues Evanston school district over hanging death of son</title>
         <description><![CDATA[<p>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 <a href="chicagosuntimes.com" target="_blank">Chicago Sun-Times</a> 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 <a href="http://www.levinperconti.com/lawyer-attorney-1090360.html" target="_blank">wrongful death lawsuit</a> 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.</p>

<p>The wrongful death lawsuit has four counts, which claim wrongful death negligence, survival action negligence, <a href="http://www.levinperconti.com/lawyer-attorney-1090360.html" target="_blank">wrongful death</a> 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.</p>

<p>Click here to read the <a href="tp://www.suntimes.com/news/metro/2020174,evanston-skokie-school-death-suit-013010.article" target="_blank">Chicago Sun-Times article</a> on the wrongful death lawsuit. ht<br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/chicagoarea_family_sues_evanst.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/chicagoarea_family_sues_evanst.html</guid>
         <category>Wrongful Death</category>
         <pubDate>Thu, 18 Feb 2010 22:01:24 -0600</pubDate>
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         <title>Jury to consider golfer’s negligence</title>
         <description><![CDATA[<p>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 <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">Illinois injury lawsuits</a>, so this injury ruling peaked our interest. The <a href="chicagotribune.com" target="_blank">Chicago Tribune</a> 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.   </p>

<p>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 <a href="http://www.levinperconti.com/lawyer-attorney-1090334.html" target="_blank">injury plaintiff</a> 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. </p>

<p>To read more about the golf injury lawsuit ruling, <a href="http://www.chicagotribune.com/news/chi-ap-il-errantgolfball,0,1531622.story" target="_blank">click here</a>. <br />
</p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/jury_to_consider_golfers_negli.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/jury_to_consider_golfers_negli.html</guid>
         <category>Land Owner liability</category>
         <pubDate>Tue, 16 Feb 2010 21:02:02 -0600</pubDate>
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         <title>Case Law Update:  Summary Judgment in Negligence </title>
         <description><![CDATA[<p><a href="http://state.il.us/court/Opinions/AppellateCourt/2010/4thDistrict/February/4090246.pdf" target=_”blank”>Norman v. Brandt</a>, 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 <a href="http://www.levinperconti.com/index.html" target=_”blank”>Illinois per se negligence</a>.  </p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/case_law_update_summary_judgme_6.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/case_law_update_summary_judgme_6.html</guid>
         <category>Tips for Lawyers</category>
         <pubDate>Sun, 14 Feb 2010 18:02:36 -0600</pubDate>
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         <title>Case Law Update:  Punitive Damages in Products Liability </title>
         <description><![CDATA[<p><a href="http://www.state.il.us/court/Opinions/AppellateCourt/2010/5thDistrict/February/5050723.pdf" target=_”blank”>Jackson v. Ford Motor Company</a>, 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 <a href="http://www.levinperconti.com/lawyer-attorney-1090376.html" target=_”blank”>products liability law</a> in Illinois.  </p>]]></description>
         <link>http://www.illinoisinjurylawyerblog.com/2010/02/case_law_update_punitive_damag.html</link>
         <guid>http://www.illinoisinjurylawyerblog.com/2010/02/case_law_update_punitive_damag.html</guid>
         <category>Tips for Lawyers</category>
         <pubDate>Sat, 13 Feb 2010 17:59:06 -0600</pubDate>
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