On Jan. 17, 2011, Susan Buckel was at Villa Olivia, a ski hill in the far west Chicago suburban town of Bartlett, Ill. She had purchased a ticket to snow tube on a hill, but as she moved to sit down on the tube, a sharp object that was part…
Articles Posted in Product Defects
U.S. Court of Appeals Affirms Dismissal of Crane Accident Case for Lack of Proximate Cause
In July 2013, ALL Erection & Crane Rental Corp. of Independence, Ohio, leased a crane to White Construction of Clinton, Ind. The crane was a Manitowoc 2250 Crawler Crane. In the summer of 2012, Kyle Carson was working for White Construction at a wind farm in Indiana where his employer…
$24.75 Million Jury Verdict in Balcony Collapse Case Severely Injuring Three Family Members and Others
James and Vanesha Doran and their daughter, Candice, attended a dinner following Candice’s college graduation ceremony. The dinner was held at Arbor Station Apartments. As James, Vanesha and Candice were standing on the second-floor balcony with Sandra Miles and other guests waiting to enter Candice’s apartment, the landing suddenly collapsed,…
Illinois Appellate Court Affirms Cook County Summary Judgment Order that Insurer Must Defend Toxic-Tort Complaints Even When the Dates of Exposure or Injury Were Vague or Unknown
Illinois Tool Works purchased commercial liability policies many years ago from Travelers Casualty Surety Co. and Century Indemnity Co. They were purchased by Illinois Tool Works for the years 1971 through 1987.The policies were designed to have the insurance companies defend Illinois Tool Works against toxic-tort injury complaints that did…
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 Supreme Court Returns Asbestos Litigation to Mississippi Court; Fennell v. IL Central Railroad Co.
In 2002, the Illinois Central Railroad was sued in the State of Mississippi where plaintiff Walter Fennell lived. The lawsuit alleged that he and others were exposed to asbestos when working for the railroad. After discovery was completed in 2006, the trial court in Mississippi dismissed the case without prejudice.…
Illinois Appellate Court Affirms Summary Judgment for Deaths in House Fire; Rutkoff v. Security Associates International, Inc.
Four teenagers went out to dinner and later had a party in the basement home of the Gordons, the parent home of one of the teenagers. The incident took place in July 2006. Two of the individuals, Hoyle and Peabody, arrived and talked with the Gordon mother, Rachelle. Hoyle smoked…
Injury Prevention Laws Save Lives
A recent story by The Baltimore Sun shows that thousands of lives have been saved over the years because Americans now routinely use seat belts and don’t drive drunk. In the meantime, a new crisis has arisen with driving, and that seems to be the use of texting and cell…
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…