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Articles Posted in Work Injury

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Court of Appeals Finds for Truck Driver Who Was Not Borrowed Employee; Couch v. U.S.

The Seventh Circuit Court of Appeals has found in favor of a truck driver, Billy Couch, employed by B&B Trucking, a U.S. Postal Service contractor that sued the government under the Federal Tort Claims Act (FTCA) for injuries he suffered. The court considered whether the postal service was immune under…

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489,000 Cook County Verdict for Delivery Man Hit by Car in Parking Lot

In September 2008, Robert Jones, a delivery man bringing pizza dough to the Pizza Hut restaurant in South Elgin, Ill., was hit by a Pizza Hut employee. Mr. Jones was delivering pizza dough on a loaded dolly through the parking lot heading toward the restaurant’s back door when he was…

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Illinois Jury Awards 615,000 for Injured Truck Driver When Steel Rolls Off Flatbed

In October 2004, the plaintiff truck driver was hauling a pre-loaded 2,000-pound bundle of steel rebar. When the plaintiff reached his destination and loosened the cargo straps, the bundle of rebar rolled off the flatbed of the trailer and severely injured the truck driver by falling on his leg. The…

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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…

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Illinois Federal Judge Rules Railroad Employees Can File Suit If Employer Blocks Them from Getting Medical Treatment Following Work Injury; Rene Delgado v. Union Pacific

A judge has ruled that federal law allows railroad employees to file suit if their employer blocks them from getting medical treatment for an on-the-job injury. U.S. District Judge John J. Tharp Jr. declined to throw out Rene Delgado’s claim that Union Pacific Railroad Co. violated the Federal Railroad Safety…

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Illinois Federal Judge Finds Affidavit Rescues Injury Case From Summary Judgment; Scott v. BNSF

An Illinois federal district court judge has ruled in favor of a railroad employee who provided a deposition and an affidavit following an injury he sustained while operating equipment that was designed to prevent runaway trains. The judge ruled that the employee’s affidavit did not squarely contradict a statement given…

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Experts Allowed to Testify in Toxic-Tort Chemical Exposure Case; Noffsinger v. Valspar Corp.

A federal district court judge in Illinois has ruled that an expert’s testimony cannot be barred in the case of a truck driver who became ill while transporting chemicals. The case stemmed from a suit filed by S.N. against the Valspar Corp. and one of its subsidiary companies. S.N. claimed…

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Court Rejects Scientific Theory in Asbestos Litigation; Betz/Simikian v. Pneumo Abex, LLC, et al.

The Supreme Court of Pennsylvania ruled that the trial court was correct in granting the defendants’ motion to prevent a plaintiff’s expert from testifying in an asbestos case. In this case, the plaintiff’s expert theorized that “each and every fiber” of inhaled asbestos was a substantial contributing factor in asbestos-related…

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W.H.O. Declares Diesel Fumes Cause Lung Cancer

The World Health Organization has declared that diesel fumes cause lung cancer. The announcement is important for people who are exposed to diesel exhaust in their work places. In the announcement, experts said diesel fumes were more carcinogenic than secondhand cigarette smoke. Diesel exhaust now shares the W.H.O.’s Group 1…

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Illinois Appellate Court Holds For Truck Driver in Highway Rollover Case, Reversing Trial Court Decision; Foreman v. Gunite Corporation

Robin R. Foreman v. Gunite Corporation, 2012 IL App. (1st) 091644U. Robin Foreman was a truck driver employed by Distribution Services, Inc. (DSI). He had a regular truck route transferring material from Gunite Corporation‘s Illinois facility to its Indiana location. Foreman was traveling eastbound on I-290 near its intersection with…

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