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Chicago Personal Injury Lawyer Blawg

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$3.3 Million Settlement for Construction Worker Injured by Backing Truck

Harry DeSchene, a 53-year-old worker for Pavement Recycling, was seriously injured on a jobsite. He was walking behind a water truck to take a work-related phone call when a truck driver of Emmett’s Excavation backed his truck into him. He was run over at his midsection. He suffered a pelvic…

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Illinois Appellate Court Reverses Dismissal of Death Case in Intersection Crash

John E. Mulholland Jr. was alleged to have chosen not to stop at a stop sign while driving on a secondary road. He died when his car crashed into the vehicle driven by Joseph A. Cohen, who was driving on the intersecting preferential highway. As the trial judge was persuaded…

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Cook County Judge Enters Verdict of $1.875 Million Verdict for the Death of a Bicyclist Who Fell Through a Storefront Window

On May 24, 2011, Michael Racky was bicycling across 95th Street at LaCrosse Avenue in Oak Lawn, Ill. He jumped his bike over a 12-inch curb at the southwest corner to reach the sidewalk. There, the bike slowed and wobbled due to the loss of momentum. Racky was 52 years…

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Illinois Appellate Court Affirms Decision Dismissing Case Where It Was Found That There Was No Business Relationship Between the Injured Plaintiff and the Defendant

On March 22, 2013, James McGinley, a delivery driver at the House of Blues in Chicago, was using a freight elevator to deliver heavy boxes of liquor to that location. However, when he was using the elevator, a descending door struck him and injured him. He filed a lawsuit against…

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$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,…

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Principles of Unjust Enrichment and Constructive Trust are Explained by Illinois Appellate Court

In a landlord-tenant case that included a bankruptcy, the Illinois Appellate Court weighed in on the law of unjust enrichment and constructive trust. The case involved the payments on a commercial lease, a bankruptcy and the legal principles. The commercial lease tenant — Montgomery Ward — had filed for bankruptcy…

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Illinois Appellate Court Affirms Dismissal of Case for Forum Non Conveniens; No Abuse of Discretion

The Illinois Appellate Court has found no abuse of discretion where the factors were not delineated in an order when a Cook County judge dismissed a case because of forum non conveniens. In this case, on Oct. 24, 2013, in Belvidere, Ill., there was a crash involving a car driven…

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Substitution of Judge Denied in Medical Malpractice Case That Was Previously Voluntarily Dismissed and then Refiled

The Illinois Supreme Court has affirmed a decision of a trial judge who denied a motion for substitution of judge that is usually a matter of right under 735 ILCS 5/2-1001(a)(2)(ii). In this case, the special administrator of the Estate of Bowman, Connie Bowman, filed a medical negligence case against…

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Guardian Ad Litem Overcomes Father’s Voluntary Acknowledgment of Paternity

The Illinois Supreme Court has affirmed an order of the circuit court judge who granted a petition filed by the guardian ad litem (GAL) for the minor, A.A., to vacate a voluntary acknowledgment of paternity (VAP) signed by the respondents Matthew A. and Caitlin S. with regard to the minor.…

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Amended Federal Rule 37(e) Requires Preservation of All Documents and Electronically Stored Information that Could Be Relevant in an Anticipated Lawsuit

When litigation is possible or pending in a federal case, the litigants should take care to instruct those in possession of documents and especially electronically stored information to preserve and prevent loss of such documents. If the litigation has begun, or is reasonably anticipated, lawyers should send a letter by…

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