The Illinois Supreme Court has ruled that the mailbox rule applies when filing a notice of appeal. That means that if an appellant seeks an appeal to a higher court, the notice of appeal time is satisfied as long as the notice is mailed to the Clerk of the Circuit Court…
Articles Posted in Construction Accidents
Appellate Court Revives Toxic Tort Case Based on Discovery Rule; Beaver v. ExxonMobil Corp.
In a lawsuit against ExxonMobil Corp., four individuals claimed injury and death because they were exposed to benzene and other hazardous chemicals when they worked as rubber workers, tire builders and final finish laborers at a tire manufacturing facility. The cases were brought by the families of these deceased workers…
Dismissal of Construction Site Case Reversed by Court of Appeals; Sojka v. Bovis Lend Lease
Christopher Sojka was working as a carpenter on Chicago’s Trump Tower as it was under construction in 2008. While standing on the upper floors of the construction project, Sojka attempted to fix a steel cable when the wind knocked him back and a piece of metal struck him in the…
$3.98 Million Jury Verdict for Elevator Malfunction Case; R.T. v. Schindler Corp., et al
A 53-year-old construction worker was riding down a hotel elevator when it malfunctioned. The elevator dropped more than two floors and came to a hard stop as the emergency brake engaged. The worker was wearing a work belt with heavy carpenter tools on it. He was thrown into a metal…
Illinois Appellate Court Reverses $32 Million Verdict in Toxic Tort Case; Solis v. BASF Corp.
A lawsuit was brought on behalf of the plaintiff, Gerardo Solis, alleging negligence and strict liability because his lungs were injured by a synthetic chemical that he used while working in a flavoring company. At the trial court level, the judge entered a directed verdict in favor of Solis on…
Illinois Supreme Court Holds That Contractor Had No Duty to Preserve Evidence of Damaged I-Beam; Martin v. Keeley & Sons, Inc.
After the collapse of a bridge deck on Route 154 near Sparta, Ill., the general contractor, Keeley & Sons, used a jackhammer to break up the concrete I-beam that allegedly caused the accident. Three workers were on the bridge deck when it collapsed. The issue in this case was whether…
Illinois Appellate Court Reverses Trial Court’s Dismissal in Auto Injury Case Against Municipality; Robinson v. Washington Township
In a close case decided by the Illinois Appellate Court, Third District, defendant Will County Washington Township was held responsible for injuries suffered by occupants of an automobile in an accident that was alleged to have been caused by Washington Township roadway construction. In this case, Ricky Robinson Sr. allegedly…
U.S. Appeals Court Finds for Railroad Worker Injured at Jobsite; Lynch v. N.E. Regional Commuter R.R. Corp.
Renardo Lynch was working as a mechanic for Metra when the top rail of a chain-link fence he was installing fell on him. He injured the back of his neck and shoulders. In a lawsuit that was filed under the Federal Employers’ Liability Act, 45 U.S.C. 51, (FELA), the lower…
Appellate Court Publishes Opinion Regarding the Use of Tools to Modify Product Causing Injury – Perez v. JLG
Manufacturers have an obligation to make their products safe for regular use. However, how far does this obligation extend? Are manufacturers required to make it overly difficult for consumers to modify their products? A recent Illinois Appellate Court decision examines to what extent manufacturers are liable for after-market modifications made…
Engineering Expert Excluded from Testifying Because He Did Not Perform Any Tests to Form His Opinions – Bielskis v. Louisville Ladder, Inc.
While not every civil lawsuit requires a party to hire an expert, there are some instances where an expert’s opinion and testimony are vital to the case’s outcome. For example, if a plaintiff is making medical malpractice claims against a doctor or hospital, he or she will likely hire a…