Etta Moore was born with spina bifida, which paralyzed her from the knees down. She often traveled using a motorized scooter. On Sept. 30, 2015, a motor vehicle that was operated by Teresa Mandell struck Moore while she was crossing a roadway on her scooter. Moore was taken to a…
Articles Posted in Experts
United States Court of Appeals Reverses and Remands Product Liability, Leg Amputation Injury Lawsuit
Adelaida Anderson operated a standup forklift at a FedEx warehouse in Effingham, Ill. While pulling a load in July 2017, she hit a bump and fell out of the forklift onto the floor. The forklift continued moving and ran over her leg and seriously injured her; eventually her leg had…
State Supreme Court Reverses Dismissal of Product Liability Lawsuit for Defective Fuel Pump in Airplane Crash
The Minnesota Supreme Court has reversed a decision of the Court of Appeals in that state. The appeals court affirmed the decision of the district court, which granted judgment as a matter of law to Lycoming Engines. In this case, Mark Kedrowski claimed that a defective fuel pump was manufactured…
Illinois Appellate Court Reverses Order Regarding Supreme Court Rule 215 Physician Examination
The question in this case, which was posed to the Illinois Appellate Court, was: “Does the trial court have discretion to permit a Rule 215 medical examiner to testify when the attorney for the party examined has not been served with the examiner’s report within the time specified by Rule…
Talc Ovarian Cancer Cases are Dismissed for Plaintiffs’ Failure to Provide Reliable Expert Theories of Causation
Across the country there have been many lawsuits filed against the makers and distributors of talc. Most of these suits have been filed against Johnson & Johnson as the maker of the baby powder used by many. In some courts, there have been very large jury verdicts for individuals who…
Illinois Appellate Court Affirms Summary Judgment in a Premises Liability Case
Raymond Berke fell in the vestibule of an apartment building where he and his wife were staying with friends. A doorman heard but did not see him fall. There were no eyewitnesses. He suffered spinal injuries that rendered him a quadriplegic. He has no memory of his fall. Berke filed…
Police Officer’s Testimony on Fault of an Accident is Ruled Inadmissible
Billy R. Richey filed a lawsuit against State Farm Automobile Insurance Co. to recover for his injuries under the uninsured motorist coverage of his State Farm Insurance auto policy. On the evening of April 5, 2008, Richey was driving his motorcycle on a rural highway in Dade County, Mo. Richey…
Illinois Appellate Court Affirms Striking of Expert Witness Affidavit for Failure to Include Documents on Which the Expert Relied
On July 15, 2008, Friehiwet Tahir was standing on the Chicago Transit Authority’s Argyle L station platform. As the train approached the station, Friehiwet extended her right arm into the train’s right-of-way. The train struck her elbow. She lost her balance and fell onto the track’s dock where she died.…
Illinois Appellate Court Holds That Plaintiff Failed to Prove That Negligence Caused the Damages Claimed; Costello v. City of Chicago
The Illinois Appellate Court has affirmed a ruling by a Cook County Circuit Court judge arising from a class-action suit filed by Ronald Costello who represented the class. He claimed that he and others suffered flooding on their property during August 2001 storms. The lawsuit arose out of the City…
Photographic Evidence May Be Found Relevant Without Expert Testimony – Williamson v. Morales
A recent Illinois Appellate Court decision provided additional clarification regarding the admissibility of photographic evidence. At issue was whether or not a judge had correctly allowed photographs taken at the scene of an accident to be admitted into evidence during a Cook County personal injury trial. The appellate court ruled…