The Seventh Circuit Court of Appeals in Chicago has reversed a federal judge’s dismissal of a Illinois product defect case. Donald Malen slipped while getting off his reconditioned riding lawn mower injuring his foot by the rotating blades of the mower. He and his wife filed a lawsuit alleging that…
The National Highway Traffic Safety Administration (NHTSA) has issued a warning to users of 15-passenger vans to take specific safety steps in keeping its occupants safe. There had been two recently reported fatal truck crashes, one in New York and one in Georgia involving 15-passenger vans that have rolled over…
An Illinois Appellate Court recently ruled on spoliation issues in an Illinois product liability lawsuit. A spoliation claim can be brought if an entity, in this case Enterprise Leasing Company of Chicago, destroys or loses evidence that would be an important component of a potential lawsuit. Generally the court preserves…
A recent Illinois Appellate court decision on a product liability claim reviewed the elements needed to prove strict liability in an Illinois product liability claim. In Charles Salerno v. Innovative Surveillance Technology, Inc., No. 1-09-1402, the plaintiff appealed the trial court’s decision to grant the defendant’s motion for summary judgment.…
A Cook County personal injury lawsuit involving an Illinois auto accident that left a 19 year-old girl a quadriplegic recently received a $6.05 million settlement. The bulk of the settlement in Perez v. Baeza, et al., No. 09 L 3958 came from Sparco, a distributor of race car seats that…
An Illinois worker sued his employer for negligent spoliation of evidence, claiming that it had breached its duty to preserve evidence from a work site forklift accident in Gerard v. ConAgra Foods, Inc., No. 06 C 6163 (April 28, 2010). The plaintiff’s lawsuit was based on his claim that his…
The U.S. Consumer Product Safety Commission (CPSC) has issued a recall on over 2 million drop-side cribs. Drop-side cribs are baby cribs whose sides raise and lower in order to make it easier for parents to lift their baby out of the crib. However, numerous reports injury or deaths resulting…
The Illinois Supreme Court will hear an Illinois product defect case to determine whether to affirm or remand a $43 million jury verdict against Ford Motor Co. in Jablonski et al., etc. v. Ford Motor Company, No. 11096. The Illinois product liability lawsuit included claims that the auto manufacturer negligently…
The first Avandia case set for trial against drug manufacturer GlaxoSmithKline (GSK) settled for an undisclosed amount. The pharmaceutical litigation case was brought against GSK after new studies of Avandia revealed that using the drug could increase the risk of heart attacks and strokes. No details of the settlement or…
Yesterday the House Committee on Oversight and Government Reform Johnson & Johnson’s Recall of Children’s Tylenol and Other Pediatric Medicines” in order to further investigate McNeil Consumer Healthcare/Johnson & Johnson’s recall of numerous children’s medicines. Since its April 10, 2010 voluntary recall, Johnson & Johnson has recalled around 136 million…