Chicago Injury Attorney Blog

In Chicago’s River North, two construction workers sustained serious injuries on Monday when the scaffolding they were on collapsed off the Adlake Building located on West Ohio Street while they were doing masonry. The building was undergoing renovations.

It took over 50 firefighters from the Chicago Fire Department more than one hour to rescue the two men. One man, who was trapped between the scaffolding and the building, was pinned seven stories above the ground against the building. The other worker was able to climb onto the top of the building.

Both workers sustained head injuries and significant blood loss during the construction accident. They were transported to Northwestern Memorial Hospital where, on Monday night, they were reportedly in critical condition.

According to the Chicago Fire Department’s Special Operations Chief Michael Fox, the firefighters perform a lot of scaffolding rescues in Chicago. A window and roofing company employs the two construction workers.

Scaffolding Accidents
Scaffolding is a temporary structure used to hold up construction workers and their materials while they are working on buildings and other large structures. It is important that proper safety precautions are exercised when workers are on a scaffold. It is also essential that the scaffold is properly constructed and free of defects.

According to the US Department of Labor, the National Census of Fatal Occupational Injuries reported that 88 people died in scaffolding accidents between 2000 and 2004.

A scaffolding structure can be elevated to high heights and a person injured in fall from a scaffold or during a scaffold collapse accident may sustain a traumatic brain injury, a spinal cord injury, internal injuries, or other catastrophic injuries.

2 men seriously hurt in scaffolding collapse, Chicago Tribune, October 28, 2008

Workers hurt in scaffold collapse, Daily Herald, October 27, 2008

Related Web Resources

US Department of Labor

Illinois Workers' Compensation

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Posted In: Construction Accidents

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In Illinois, prosecutors are expanding their probe into claims that Chicago police officers used "torture" tactics, including beatings, Russian roulette, and electric shock, on criminal suspects in order to obtain confessions. On Monday, ex-Chicago police commander Jon Burge pleaded not guilty to federal charges that he lied about torture while he was in charge of the Chicago police department’s Area 2 violent crimes division on the South Side.

Burge was arrested last week on charges of obstruction of justice and perjury. He also is accused of lying under of oath when he testified in an Illinois civil rights lawsuit that accused him and the Chicago cops who worked for him of using torture to get suspects to confess.

The former Chicago police chief was fired from the police department in 1993. Burge’s criminal trial is scheduled for May 11, 2009. He is free on $250,000 bond.

According to the Chicago-Sun Times, one woman who was at the courthouse on Monday to watch Burge’s arraignment says that the ex-Chicago police chief forced her 16-year-old brother to confess to a crime by hanging him upside down outside a window.

In 2006, two special prosecutors determined that Chicago police officers abused a number of black suspects at Area 2 during the 70’s and 80’s in an effort to get them to confess. The prosecutors, however, also determined that the statute of limitations had passed for them to file criminal charges against Burge or anyone else who was allegedly involved. Prosecutors say that charging Burge with lying about the alleged torture during the civil rights lawsuit is better than not charging him at all.

In another civil rights lawsuit, former Death Row prisoner Darrel Cannon is suing Burge and a number of detectives. Cannon is accusing the police officers of pretending to load a gun before putting it in his mouth and pulling the trigger, as well as shocking him with an electric cattle prod, to get him to confess to a murder he did not commit. The detectives named in Cannon’s lawsuit have denied his allegations.

Recently, the city of Chicago agreed to pay $20 million to settle lawsuits with four ex-inmates who claim that police tortured them.

Police Brutality
Any act of police brutality violates Section 1983 of the Federal Civil Rights Act. If you have been a victim of police brutality in Chicago or any other city in Illinois, you may be able to file an Illinois personal injury lawsuit to recover financial compensation.

Ex-Chicago cop Burge arrested in torture cases, Chicago Sun-Times, October 28, 2008

Jon Burge Pleads Not Guilty, MyFoxChicago.com, October 27, 2008

Related Web Resources

Truth in Justice

Police Brutality in the US, HRW.org

Continue reading "Prosecutors Expand Chicago Police Torture Investigation in Illinois" »

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Posted In: Police Brutality/Civil Rights Violations

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In Cook County Circuit Court, the husband of a Burger King manager that was murdered in 2006 during a robbery at the fast-food restaurant she was supervising is suing Stand Guard, Inc. for her wrongful death. The company was in charge of providing security services to the Lindenhurst restaurant.

According to Kenneth Hutchinson Jr.’s Illinois wrongful death lawsuit, the alarm systems in the restaurant and its safe did not activate during the robbery, which, Hutchinson contends, resulted in his wife’s death.

The suit says that Mary Hutchinson arrived for work at Burger King on November 27, 2006 and locked the doors upon entering. The man who killed her, James Ealy, allegedly entered the restaurant and attacked her before demanding that she open the safe. Ealy worked as a maintenance worker at the Lindhenhurst Burger King.

Mary at first inputted the wrong code to the safe, which should have activated the alarm if it had not malfunctioned. She was then beaten and strangled. Kenneth’s lawsuit is seeking unspecified damages from the security company.

Earlier this year, a $1.3 million wrongful death settlement was reached between Kenneth and Burger King and a franchisee. Kenneth’s lawsuit accused Fox Lake Family Dining, Northern Illinois Family Dining, Spence Group Service Inc., and William Spence for their alleged failure to do a complete background check on Ealy, who reportedly had an extensive criminal record prior to Mary’s murder. Last year, Lake County prosecutors said they would seek the death penalty if Ealy were convicted for Hutchison’s murder.

Security companies are supposed to provide clients with alarm systems that are free from defect or malfunction. When a robbery, assault crime, or murder occurs because the alarm system fails to work as designated and someone is injured or murdered or experiences a loss of property, the security company may be held liable for personal injury or wrongful death.

In the event that a security malfunction failed to prevent a crime because the manufacturer of the security system designed a defective product, the product manufacturer could also be held liable in civil court. In certain Illinois personal injury and wrongful death cases, there may be more than one party that can be held liable.

Integrator sued over robbery-murder, Security Systems News, October 23, 2008

Husband of slain Burger King manager files suit, Lake County News-Sun, October 17, 2008

Related Web Resources:

Stand Guard, Inc

Death Penalty Sought In Burger King Murder, CBS2Chicago.com, December 6, 2007

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Posted In: Premises Liability , Wrongful Death

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The family of a teenage girl is suing the Chicago Park District for personal injury because she was sexually assaulted by three of the Park District’s teen employees last year. The teen was 13 and a volunteer junior counselor at Hayes Park when the assault happened. While one of the teens pleaded guilty to criminal sexual abuse related to the attack, the other two teens pleaded guilty to charges of battery.

According to the Illinois personal injury lawsuit, park supervisor Monique Whitfield left the girl without proper supervision on several occasions, including on July 31, 2007, between 1 and 4pm. It was during this time that the girl was attacked and raped in the men’s locker room.

Premises Liability Involving Crimes
If you were a victim of a violent crime on another person’s property, you may be able to file a premises liability claim for personal injury against the property owner or manager. Premise owners and supervisors are supposed to implement the necessary security measures to ensure that residents, employees, visitors, customers, and other patrons are not at risk of becoming the victim of a crime while they are on the property.

Even if an assailant, burglar, or rapist is not directly affiliated with the premise or its owners, the property owners could be held liable for premises liability or wrongful death if he or she could (or should) have acted to prevent a crime from happening and someone is injured or dies.

Crimes that may arise on a premise because of inadequate security or failure to protect include:

• Sexual assault/Rape
• Stabbings
• Shootings
• Murders

Steps premise owners can take to properly secure a premise may vary, depending on the kind of property involved. Security cameras, staff supervisors, alarm systems, locks, security-controlled entrances and exits, proper lighting, and security staffers are just some steps that property owners can take to prevent crimes from happening on a premise.+

Girl sues Chicago Parks over sex assault, SouthtownStar.com, October 10, 2008

Teen sues park district over sexual assault, Chicago Tribune, October 10, 2008

Related Web Resources:

Chicago Park District

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Posted In: Premises Liability

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In Cook County Circuit Court, the Chicago parents of Kevetta Davis, a 19-year-old Southern Illinois University student who died on September after being struck by a truck on Interstate 57, are suing VHI, Viacom, 51 Minds Entertainment, and truck driver Dennis Hernandez for wrongful death.

Davis and another 19-year-old woman were killed when a box truck, driven by Hernandez and carrying sound equipment for the “Rock of Love Bus” reality program, drove over a median near West Frankfort and struck the car that the two women were riding in. The accident happened after Hernandez allegedly fell asleep at the wheel.

Davis’s parents, Kevin and Brenda, are accusing Hernandez of negligent operation of his truck, causing a collision with another motor vehicle, failure to slow down to prevent a collision, failure to yield the right of way to traffic coming from the opposite direction, operating a truck without a valid license, and other allegations.

Truck Accidents
The Federal Motor Carrier Safety Administration’s Large Truck Crash Causation Study notes a number of associated factors that can lead to truck crashes, including:

• Fatigue
• Problems on the road
• Brake problems
• Prescription drug use
• Speeding
• Driving faster than current road conditions
• Drunk driving
• Driver inattention
• Jacknifing
• Driver error

The Federal Motor Carrier Safety Administration says that over 750 people are killed every year and over 20,000 victims are injured in truck accidents involving truck driver fatigue.

Suit filed over death in crash with VH-1 truck, Chicago Sun-TImes, October 18, 2008

Parents of Woman Killed In VH1 Truck Accident Sue, WBBM780.com

Rock of Love Bus Suffers a Tragedy, VHI Reality World, September 30, 2008

Related Web Resources:

The Large Truck Crash Causation Study, FMCSA

Rock of Love, VH1

Continue reading "Parents of Chicago Woman Killed in VHI Truck Accident File Illinois Wrongful Death Lawsuit" »

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Posted In: Truck Accidents , Wrongful Death

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A woman who may have to go a heart transplant after a new heart device was implanted inside her during surgery is suing prominent Chicago Dr. Patrick McCarthy for medical malpractice. McCarthy implanted the device, a Myxo ETlogix ring, in the body of Toni Vlahoulis during a surgery to repair a leaky heart valve in 2006. McCarthy did not, however, tell her that he was the inventor of the new device.

Vlahoulis, who experienced inflammation after the surgery, had to undergo a second surgery to have the device removed. She says that if she had known the device was experimental, she never would have agreed to have it placed inside her.

McCarthy denies that the device was experimental because an older model was available commercially over a month before he performed the surgery on the 41-year-old patient. Northwest Memorial Hospital claims it obtained the necessary consent from Vlahoulis for the implant procedure.

Vlahoulis, who filed her Illinois personal injury lawsuit in Cook County earlier this year, is seeking over $50,000 in damages from McCarthy, device manufacturer Edwards Lifesciences, and Northwestern Memorial Hospital.

McCarthy says that he doesn’t believe that the ring is the cause of Vlahoulis’s latest health issues. The Chicago doctor is a consultant for Edwards Lifesciences and he receives royalties for the three heart devices he invented. He donates the royalties to the Greater Chicago Food Depository.

According to medical ethics experts, surgeons should inform patients if royalties will be generated from any devices used in surgeries. Patients are also supposed to sign a consent form noting their agreement to take part in any medical research.

The US Food and Drug Administration is looking at whether it obtained proper notice regarding the Myxo ETlogix rings. McCarthy says he and his partners have implanted nearly 200 devices. He says that he only uses the device if it is the best fit for a patient. The FDA has received 10 reports complaining about adverse effects occurring after the device was implanted.

Failure to Obtain Informed Consent
Physicians, dentists, surgeons, and other medical provider must obtain a patient’s informed consent before conducting a procedure. An “informed consent” form notes any potential complications and risks that could arise from the treatment or procedure. The medical provider should also discuss the potential risks with the patient prior to the procedure.

If injury or death arises from a procedure in which a patient did not give his or her informed consent, the medical provider could be held liable for medical malpractice or wrongful death.

Patient sues over Chicago surgeon's new device, CNN.com, October 15, 2008

Questions raised about Northwestern use of valve device; prominent surgeon denies wrongdoing, TheHeart.org, October 7, 2008

Northwestern Memorial Hospital

Related Web Resources:

Edwards Lifesciences

Myxo ETlogix ring

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Posted In: Medical Malpractice

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In Chicago on Friday night, 1 woman died and 11 were injured in two separate auto accidents. Eight of the injury victims were children.

The first accident involved a single vehicle, in which, according to the Illinois State Police, the motor vehicle rolled over a number of times before stopping near South Doty Avenue and 120th Street. The driver of the vehicle died at the crash scene. Five passengers, four children and one man, were taken to local hospitals for treatment of their injuries.

In another accident, six people sustained serious injuries in a two-vehicle collision that occurred at Western and Ogden Avenues. One of the vehicles left the accident scene. Four of the injury victims were children.

Car Accidents
There are many possible reasons why car accidents occur. Drunk driving, distracted driving, driver inattention, defective auto parts, road debris, faulty traffic lights, and poor weather conditions are just some of the causes.

Often, insurance companies will try to get you to settle your claim before you know how much it will cost for you to recover from your injuries. It is important that you speak with a Chicago car crash lawyer first before reaching an agreement with an insurer that could prevent you from receiving the maximum recovery that you are owed.

Motor vehicle collisions are a leading cause of wrongful death in the United States. If your loved one died in a Chicago car crash, truck accident, pedestrian accident, or motorcycle collision that was a result of someone else’s negligence, you are entitled to financial compensation for your tragic loss.

2 crashes in Chicago kill 1, hurt 8 kids, ChicagoTribune, October 14, 2008

Related Web Resources:

Rollover, Safercar.gov

National HIghway Traffic Safety Administration

Illinois Department of Transportation

Continue reading "2 Chicago Car Accidents Leave 1 Person Dead and 11 Others Injured" »

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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An Illinois judge has awarded the family of Verna Corcoran $10 million for her wrongful death. Corcoran, an 83-year-old McHenry County resident, was murdered in her house on Mother’s Day in 2006.

McHenry County Judge Michael Feetterer awarded the amount to Corcoran’s family after representatives for the estate of Jose Manuel Albada-Grijaldo failed to appear in court on a number of occasions to challenge the wrongful death case against him.

Police say that Albada-Grijaldo strangled Corcoran after she caught him in the middle of robbing her house. Albada-Grijaldo was shot and killed by Marengo police officer Eric Bockelmann after he was apprehended while driving Corcoran’s car.

Bockelmann was cleared of any wrongdoing, but an Illinois wrongful death lawsuit filed against Bockelmann and the city of Marengo claims that the 21-year-old suspect was unarmed and did not pose a threat to the police officer. If Albada-Grijaldo ’s estate recovers compensation for his death, however, Corcoran’s estate will have a claim on the award.

Wrongful Death Compensation
The death of a loved one is an unbearable loss. There are, however, legal remedies available to hold the responsible party civilly liable for your loss. In the event that your loved one was a victim a crime, you may be able to sue the suspect for wrongful death recovery in a case separate from any criminal proceedings against the defendant.

In Illinois, only the decedent’s husband or wife or next of kin are allowed to file a wrongful death claim against the negligent party or parties. Surviving loved ones may be able to obtain compensation for pain and suffering, lost wages, loss of companionship, loss of benefits, associated costs, and other damages, such as punitive damages.

Court awards $10 million to family of McHenry County murder victim, Daily Herald, October 8, 2008

Family of murder victim awarded $10 million, NorthwestHerald.com, October 8, 2008

Related Web Resource:

Illinois Wrongful Death Act, Illinois General Assembly

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Posted In: Wrongful Death

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The city of Chicago says it will pay the family of Carrie Boston $700,000 following her 2006 pedestrian death. The 69-year-old woman died on October 16, 2006 at around 6:30pm when she was struck by a Ford Expedition while crossing South Chicago Avenue.

The sport utility vehicle that struck Boston was transporting the Fire Department’s 6th District deputy chief and his driver, but they were not on an emergency call at the time of the crash. The blinking yellow lights at the crosswalk were not working at the time of the fatal pedestrian accident.

According to the Boston family’s legal representatives, the crosswalk lacked the proper safety measures needed to protect pedestrians—especially seniors. There is a senior citizen building and a pharmacy located on opposite sides of the street. The family has accused the city of Chicago of creating a dangerous crosswalk mid-block that gave pedestrians the illusion that they were protected when, in fact, drivers do not have to stop for them.

Following the deadly pedestrian accident, city traffic engineers examined the crosswalk so they could make recommendations, such as adding more signage, hard-wiring warning lights, or modifying pavement markings. No changes, however, have been made to the crosswalk since Boston's accident almost two years ago.

Fire Department officials have said that Boston was the one who stepped into the SUV’s path and that the driver was not speeding or driving under the influence when the accident happened.

However, the Boston family has eyewitnesses that say the elderly woman flew some 25 feet into the air, which could indicate that the driver may have been driving too fast for the wet weather conditions even if he wasn't exceeding the speed limit.

Senior Pedestrian Facts
According to the US Department of Transportation, a pedestrian’s chances of getting injured or killed in a traffic accident increases with age. One reason for this is that seniors become less “physically resilient” the older they become. Older pedestrians also have a higher fatality rate than other pedestrians when they are involved in traffic accidents at intersections, while walking close to vehicles that are backing up, and during the winter when visibility is lower.

If your loved one has died in a Chicago pedestrian accident caused by another party's negligence, you may be entitled to wrongful death recovery.

City to pay $700,000 in woman's traffic death, Chicago Sun-Times, October 6, 2008

Focusing on Senior Pedestrians, Turner-Fairbank Highway Research Center

Related Web Resources:

Street Smarts for Senior Pedestrians, Safety.com

Focusing on Pedestrian Safety, Federal Highway Administration

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Posted In: Wrongful Death

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