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Chicago Personal Injury Lawyer Blawg

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Illinois Supreme Court Holds That Railroads Have No Duty of Care to Children Climbing on Moving Trains; Choate v. Indiana Harbor Belt Railroad Co.

In all negligence cases, duty is an element that must be proved to a preponderance of the evidence by the plaintiff. In Choate v. Indiana Harbor Belt Railroad Co., the Illinois Supreme Court ruled that freight trains pose an obvious risk of harm to child trespassers, but the railroad would…

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U.S. Court of Appeals Allows Conditional Privilege in Tortious Interference With Contract Case; Nation v. American Capital, Ltd.

The Illinois Seventh Circuit Court of Appeals has agreed with the federal district court in dismissing the lawsuit brought by James Nation. Mr. Nation served as the CEO of the Spring Air Co., which owned and licensed a mattress brand. After the company was acquired by HIG Capital in 2007,…

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Chicago Lawyers Volunteer to Seal, Expunge or Erase Arrests and Guilty Pleas

Even some of the lowest level arrests and criminal convictions can haunt a person for life. Through the volunteer work of attorneys at the Cabrini Green Legal Aid clinic (CGLA), Cook County Clerk Dorothy A. Brown, and The Center on Halsted, work is under way to provide expungement and record-sealing…

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Chicago Jury Verdict for Trucker Against Bicyclist; Assaley v. Dreyer’s Grand Ice Cream, Inc.

Although a truck vastly outweighs a bicycle, accidents can occur in which the bike rider is at fault. A Cook County jury ruled that this was the case in a collision involving a rider named Kim Assaley and the driver of a Dreyer’s ice cream truck in the early-morning hours…

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Cook County Verdict Reversed Because Juror Performed Internet Research on Key Issue in Case; McGee v. City of Chicago, et al.

In this case, Donny McGee alleged that defendants prosecuted him for murder of his elderly next door neighbor based on a fabricated confession. McGee was acquitted in the criminal case, but he spent three years wrongfully incarcerated awaiting his trial. The plaintiffs brought a civil complaint, which included claims of…

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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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Meningitis Outbreak Beginning to Draw Illinois Lawsuits

The first of nearly14,000 patients given potentially tainted injections of pain medicine has sued the maker of the treatment. Many experts say this may be the first of a wave of lawsuits following a deadly meningitis outbreak that has killed 14 people. Meanwhile, a medical practice specializing in pain management…

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Illinois Appellate Court Holds That Plaintiff Failed to Prove That Negligence Caused the Damages Claimed; Costello v. City of Chicago

The Illinois Appellate Court has affirmed a ruling by a Cook County Circuit Court judge arising from a class-action suit filed by Ronald Costello who represented the class. He claimed that he and others suffered flooding on their property during August 2001 storms. The lawsuit arose out of the City…

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Illinois Appellate Court Affirms: Third-Party Defendant Not Liable in Auto Accident; Ponto v. Levan

In this case, the defendant, Dale Levan, admitted liability for an auto accident that left a woman, Denise Ponto, injured. The verdict on damages was $585,174, but the defendant had only $100,000 in liability insurance. The plaintiff tried to collect the rest of the money from the city of Dixon,…

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