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Illinois Appellate Court Rules Employer May Waive Workers’ Compensation Lien

Anthony Cozzone was employed by Fellows Roofing when he was killed in a work accident. The Cozzone estate filed a lawsuit against a third party who settled with the Cozzone family for $745,000. The attorney representing the family received attorney fees of 33% or $248,333. In the meantime, a jury…

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$34.2 Million Jury Verdict in Crash Resulting in Paraplegia

Christopher Arnold was 19 years old and riding in a pickup truck driven by Jonathan Ortiz when a friend traveling behind them called to say that furniture had fallen off the friend’s truck. Ortiz pulled the pickup truck onto the road’s shoulder, preparing to make a U-turn so he could…

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$824,000 Jury Verdict for Injured Worker’s Deadly Exposure to Benzene

A Pennsylvania jury found that benzene is a defective product whose exposure contributed to the development of cancer of the blood and bone marrow, otherwise known as acute myelogenous leukemia (AML). In the years 1973 to 2006, the plaintiff, Louis DeSorbo, worked with printing solvents and inks that contained benzene.…

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$2.5 Million Jury Verdict for the Death of a Teenager Who Died When School Delayed Response to an Asthma Attack

Jeffrey Stewart was an 18-year-old student at Oswego High School at 4250 Route 71 in Oswego, Ill.  He had a known history of asthma. On Feb. 13, 2008, Jeffrey was attending a class when he experienced difficulty breathing, wheezing and collapsed. A teacher sent students to get the school’s nurse…

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$320,000 Federal Jury Verdict Awarded for Worker’s Fall Injury in Coal Mine

On May 12, 2011, the plaintiff, John Barrow IV, age 58, was a coal mine forklift operator. Barrow walked into a coal mine near Equality, Ill., when a hydraulic hose on the ground caused him to fall and land on his back. The defendant in this case, Temper Fabricators, a fabrication…

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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…

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Diesel Exhaust Contributes to Lung Cancer Deaths

In a recent workers’ compensation case, a bus mechanic who was diagnosed with lung cancer was told his illness was caused by exposure to diesel exhaust. The ruling in that case sent alarms out that the burning of diesel fuel has caused widespread worker injuries to those breathing diesel fumes. Diesel…

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U.S. District Court Jury Finds Trucker 100% at Fault for His Own Traumatic Brain Injury

On Dec. 16, 2009, Terry Smith was employed by Sycamore Specialized Carriers.  He drove his tractor-trailer to the defendant Casini Warehousing Corp.’s warehouse in Bensenville, Ill. Casini’s personnel used an overhead crane to load an injection molding machine onto Smith’s step-deck trailer. After the injection molding machine was loaded onto the…

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Illinois Appellate Court Decides that Dissolved Companies’ Liability Insurance Policies Were Unavailable for Persons Making Claims Against Corporation

The Illinois Appellate Court for the Third District has held that persons with claims against a corporation dissolved for more than 5 years could not recover against the corporation’s liability insurers. In this case, defendant insurers included Employers Insurance Co. of Wausau, TIG Insurance Co. and Travelers Casualty and Surety…

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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.…

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