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Chicago Personal Injury Lawyer Blawg

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Plaintiffs Beware of Voluntary Dismissal and Refilling Under 735 ILCS 5/2-1009; Hudson v. City of Chicago

Great caution must be taken when multi-count lawsuits are filed and a voluntary dismissal considered. Suppose one of the three counts of the complaint turns out to be unsustainable and a voluntary dismissal is taken as to Count II leaving Counts I and III.  The voluntary dismissal as to that count…

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Cook County Jury Verdict for Bicycle Rider Hit by Turning Car; Harvey v. Phillips

Michael Harvey was riding his bicycle north on Ashland Avenue in Chicago in the right lane as he approached Foster Avenue.  It was Aug. 12, 2010 when Harvey, 26, claimed to be cut off by the defendant, Vanna Phillips, who was driving her car northbound making a sudden right turn…

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$183,000 Jury Verdict for Injured Driver in Five-Car Crash

A Lake County, Ill., jury returned a $183,008 verdict in favor of Patricia Lewis, whose car was rear-ended by another vehicle at high speed. The crash took place on Nov. 7, 2008 on northbound Route 12 near Route 134 in Fox Lake, Ill.  The impact of the defendant’s collision with Lewis…

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Illinois Appellate Court Dismisses Appeal That Was Not Final

The Illinois Appellate Court dismissed an appeal taken from the Circuit Court of Cook County. This case involved Isaiah DeLaCruz, who was hit by a car while crossing a Chicago street. An uninsured motorist was driving the vehicle that struck DeLaCruz. However, it was determined that the vehicle was used as a…

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Forum Selection Clause and Contract Enforced; Entec International N.A. v. MillerCoors

The Illinois Appellate Court has affirmed a decision of a Cook County Circuit Court judge with respect to the forum-selection clause found in a service contract. MillerCoors, headquartered in Chicago, is the second largest brewer in the United States with approximately 30% market share. In 2007, MillerCoors approached Entec regarding parts procurement…

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Insurance Coverage Wins Out in Loading Car Claim at Menards

The Illinois Third District Appellate Court has held  that the large hardware chain Menards was entitled to insurance coverage under the automobile insurance policy issued to the insured, the customer, who was injured while a Menards employee loaded her car.  In this case, Ruby Bohlen purchased gravel and bricks from a…

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Illinois Appellate Court Upholds Injured Delivery Driver’s $489,000 Jury Verdict on Credibility Issues

Robert Jones was injured while he was delivering supplies to a Pizza Hut restaurant in South Elgin, Ill. Jones was struck by the pizza delivery car driven by defendant Bibiana Bojorge in the parking lot of the pizza restaurant. Jones injured his knee. The jury’s verdict of $489,364.05, which was reduced by…

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Cook County Jury Finds in Favor of Backing Out Driver in Parking Garage Incident

Twenty-two-year-old Bryan Widstrand was driving into a parking garage at Concordia University in River Forest, Ill., when 19-year-old Paige Kecseg backed out of a parking spot and hit the passenger side of Widstrand’s car. Widstrand contended that the impact caused him to suffer herniated discs at C5-6 and C6-7. In addition, he…

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Illinois Trucker Protected by Employer’s Insurance in Truck Crash Case

The Illinois Appellate Court has affirmed a decision by a Cook County trial judge. Krysztof Emiljanowicz, a truck driver, agreed to act as a contractor for SSTS, Inc. On May 12, 2004, Krysztof signed an agreement in which he agreed to transport freight for SSTS in his semitrailer.  SSTS said that its…

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Appellate Court Revives Toxic Tort Case Based on Discovery Rule; Beaver v. ExxonMobil Corp.

In a lawsuit against ExxonMobil Corp., four individuals claimed injury and death because they were exposed to benzene and other hazardous chemicals when they worked as rubber workers, tire builders and final finish laborers at a tire manufacturing facility.  The cases were brought by the families of these deceased workers…

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