A Chicago man has been awarded $558,474 by a Cook County jury stemming from an injury he sustained while a passenger in a vehicle that was rear-ended by another car. The impact was so great that the seat in which he was riding was broken in half. The verdict was…
Chicago Personal Injury Lawyer Blawg
NHTSA Issues Advisory to Pedestrians: Fatalities Caused by Motorists Up in 2010
The National Highway Traffic Safety Administration has issued an advisory to pedestrians after statistics showed pedestrian fatalities rose by 4 percent in 2010 relative to their levels in 2009. The report notes that 4,280 pedestrians died in 2010, up from 4,109 in 2009. Another 70,000 pedestrians were injured in traffic…
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…
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…
Lawsuit for Preliminary Injunction Must Show the Likelihood of Success on the Merits
A trial judge in the circuit Court of Cook County has denied a request for a preliminary injunction in the case of a business whose owners wanted to build a gas station alongside another gas station in Oak Forest. Oak 159th Inc. owned a BP gas station at the corner…
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…
Illinois Appellate Court Agrees With Trial Court in Dismissing Breach of Fiduciary Duty Claim for Missing Facts; Caplice, et al. v. Stahl Cowen Crowley, LLC, et al.
The Illinois Appellate Court affirmed the ruling of the trial judge dismissing a breach of fiduciary duty claim regarding a troubled condominium development. The west-side Chicago development was managed by Two South Leavitt, LLC, whose duties were directed by an individual, John R. Joyce. Mr. Joyce was an attorney employed…
Illinois Supreme Court Rules Ambulance Driver is Protected Under Immunity Law
All of us have seen ambulances speed through intersections, their sirens blaring and lights flashing in an effort to warn other motorists. Now the Illinois Supreme Court has ruled that an ambulance driver cannot be held liable if a collision occurs with another vehicle. Citing an immunity law, the high…
Study: Teens Don’t See Problem in “Distracted Driving”
We once thought that the most dangerous behaviors among teen drivers were drunk driving or failure to wear seatbelts. Now we know that using a cell phone — either talking on the phone or texting — represents a similarly grave threat when teens get behind the wheel. A recent study…
Illinois Appellate Court Denies Hospital its Lien Claim in Auto Crash Injury Case; Jayko v. Fraczek
Eleven-year-old A.J. was injured in an automobile crash and was taken for treatment to St. Alexius Medical Center in Hoffman Estates. The bills that were sent by the hospital to the boy’s parents featured the crest of Alexian Brothers Catholic order and, in large font, the name “Alexian Brothers.” Below…