Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

February 26, 2009

Chicago Wrongful Death Lawsuit Filed Against Checker Taxi Company and Cab Driver by Daughter of Elderly Pedestrian

In Chicago, the daughter of an 89-year-old man who died after he was hit by a taxi in the city’s North Side is suing cab driver Mac Grempong and the taxi’s owners, the Checker Cab Company and Abdulah Abukatab, for her father’s wrongful death. Minh Pham was crossing Sheridan Road at Ainslee Street on February 7 when he was hit by a taxi driven by Grempong.

Now, Nicole Lynn Roberts is seeking over $50,000 in damages. According to her Chicago wrongful death lawsuit, Grempong failed to keep a proper lookout and slow down the speed of his cab while driving toward and crossing an intersection. The Illinois civil complaint also accuses the Chicago cab driver of failing to yield the right of way to an elderly pedestrian and failing to warn Pham that he was approaching by sounding his horn.

The Chicago pedestrian accident occurred just one block from the elderly victim’s home. Chicago police cited Grempong for failing to exercise due care when there was a pedestrian on the road and for driving his taxi without insurance.

According to the National Highway Traffic Safety Administration:

• 903 of the 4,654 pedestrians that were injured in 2007 were over 65-years-old.
• 60% of elderly pedestrian deaths that year took place at non-intersections.

Many older people are more easily prone to pedestrian accidents because of poorer eyesight or hearing, slowed reflexes, walking difficulties, prescription medication that can cause drowsiness, and the tendency to fall more easily. It is important that Chicago drivers exercise caution when operating their vehicles around pedestrians to prevent such catastrophic Illinois traffic accidents from happening.

Daughter Sues Cab Company Over Fathers Death, WBBM.com, February 25, 2009

Street Smarts for Senior Pedestrians, Safety.com


Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian Safety in Illinois

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February 25, 2009

Family of 18-Wheeler Truck Driver Who Crashed Through CTA Station in Chicago’s Chinatown Sues Chicago Police for Wrongful Death

In Illinois, the family of the driver who crashed his semi-truck into a Red Line station in Chicago’s Chinatown last year, injuring 21 people and killing 2 others, is suing the Chicago police for failing to give Donald Wells the medical treatment he required. Well’s wife Darlene says her husband suffered from a mental condition that caused him to experienced serious psychiatric and physical pain during the time he was in police custody for 48 hours following the accident.

He died last June due to multiple organ failure and pneumonia. Now, her Chicago wrongful death lawsuit is accusing the City of Chicago and a number of its police officers of playing a role in his death because of their indifference.

The 64-year-old was not intoxicated or under the influence of drugs when the deadly accident happened on April 25. Witnesses report seeing Wells bent over the steering wheel, as if he were asleep or had a heart attack, right before the deadly accident.

Wells was cited for negligent driving because of his involvement in causing the deadly crash. Soon after he was released from police custody, he was admitted to a local hospital.

Chicago police officers must provide civilians with a certain duty of care. When failure to provide that care leads to injury or death, the victims and/or their families may have grounds to file an Illinois personal injury or wrongful death lawsuit.

Reasons why someone might sue a police officer for wrongful death:

• Excessive use of force
• Taser-related death
• Failure to provide someone with the necessary help
• High-speed chase injury or death caused by police negligence
• Civil rights violations
Police misconduct
• Sexual assault

Lawsuit: Cops refused to help driver in CTA crash, Chicago Breaking News, February 25, 2009

1 injured in crash, including driver, ABC, April 25, 2008

The truck driver whose semi smashed into a CTA station in April died, ABC, June 16, 2009


Related Web Resources:
City of Chicago

National Highway Traffic Safety Administration

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February 24, 2009

Chicago Police Superintendent Refuses to Release Names of Cops with Most Excessive Force Complaints

In Chicago, Illinois, Police Superintendent Jody Weis has until 4pm on Friday to turn over a list of names of Chicago officers who have received at least five citizen complaints since 2000. So far, he has refused to obey US Magistrate Judge Maria Valdez’s orders.

The list of “repeaters” has been requested in connection to a Chicago police brutality lawsuit involving a Chicago police officer that allegedly falsely arrested and used excessive force on two children. Donna Moore, who is the mother of the 11-year-old boy and 13-year-old girl who were arrested in a playground incident, filed the Chicago police brutality lawsuit.

One of the Chicago lawyers seeking the list for his client’s case says he wants to show that the Chicago Police Department has exhibited a pattern of hiding police misconduct. Weiss, however, says that turning over the names would threaten the officers’ safety, compromise their performance when dealing with future incidents, ruin good reputations, and decrease morale. The City of Chicago has proposed producing a redacted list that doesn’t reveal the names.

In an unrelated Chicago police brutality lawsuit, the city of Chicago is combating a judge’s request to release a list that names 662 Chicago cops who received 10 or more citizen complaints between 2001 and 2006. Over two dozen Chicago aldermen are also seeking the list.

Chicago Police Misconduct
If you believe you are the victim of misconduct or are aware of an incident involving misconduct or excessive use of violence by a Chicago police officer, you can file a complaint of misconduct by contacting the city of Chicago’s Independent Police Review Authority at (312) 745-9594 or at 10 West 35th Street, 12th Floor, Chicago, IL 60616.

You also should speak with an experienced Chicago police brutality law firm to explore your options for financial recovery.


Weis to judge: Can't have list of most reported cops, Chicago Sun-TImes, February 23, 2009

Chicago's top cop defies judges in abuse suit, AP, February 23, 2009


Related Web Resources:
Chicago's Finest Under Fire for Police Brutality, September 28, 2007

Chicago Police Department

Chicago Police Board

Continue reading "Chicago Police Superintendent Refuses to Release Names of Cops with Most Excessive Force Complaints" »

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February 20, 2009

Illinois Pedalcyclist Dies After Being Struck by Van

In Peoria, Illinois, a 41-year-old bicyclist died on February 2 after he was hit from behind by a van. Lyle E. Clark was pronounced dead at the crash scene.

Clark had been riding his bike on Illinois Route 9. The driver of the van, Ronald C. Swonger, says he hit an object on the road right after exiting the bridge onto the road. He says he did not realize he had hit Clark with his vehicle.

According to the National Highway Traffic Safety Administration for 2007:
• 698 pedalcyclists who were involved in US traffic crashes that year died.
• 40 is the average age of the pedalcyclists who died.
• 44,000 pedalcyclists were injured.
• 24 is the average age of the pedalcyclists who were injured.
• In Illinois, of the 1,249 traffic fatalities that took place that year, 18 of the victims were pedalcyclists.

Bicycle Accidents
Bicyclists are at risk of sustaining serious injuries any time they are involved in a traffic accident. Bicyclists usually have only their protective gear and helmets to protect them from the impact of colliding with a car, a bus, a large truck, or a motorcycle.

If you are a Chicago bicyclist who was injured in an Illinois traffic accident because of a negligent motorist, you may have grounds for filling a bicycle accident claim against the liable party.

Common Causes of Bicycle Accidents:
• Driver inattention
• Drunk driving
• Speeding
• Bicyclist error
• Poor road conditions
• Motor vehicle defects

It is important that you work with an experienced Chicago bicycle accident lawyer who knows how to investigate the evidence from the accident site and assess the seriousness of your injuries.

Continue reading "Illinois Pedalcyclist Dies After Being Struck by Van" »

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February 18, 2009

Mother Files Second Chicago Wrongful Death Lawsuit Accusing Park Ridge Paramedics of Medical Malpractice

In Cook County Circuit Court, the mother of Joey Furio, a 15-year-old boy who died from a drug overdose in 2004, has filed another Illinois wrongful death lawsuit against the city of Park Ridge. Abruzzo had sued the Chicago suburb in 2005 but the circuit court ruled that because of Illinois’s Local Government and Governmental Employees Tort Immunity Act, the city was immune from the civil lawsuit and the paramedics involved in Joey’s care could not be held liable for failing to diagnose or evaluate his condition.

The Cook County Appellate Court upheld the lower court’s ruling. However, last October, the Illinois Supreme Court overturned the decision to dismiss the case.

Abruzzo’s wrongful death lawsuit accuses paramedics of failing to give her son life support or take him to the hospital when the family contacted 911 early in the morning on October 31, 2004 and told them the boy was unresponsive. Joey’s father, Lawrence Furio, administered CPR to his son but the paramedics that arrived left. The lawyer representing Park Ridge claims they left because Lawrence told them they should go and that his son didn’t need medical attention.

The complaint, however, says the paramedics either knew or should have known that someone who needed CPR was in a life threatening state and they should have provided Joey with advanced life support. Abruzzo also says that the paramedics were either told about or should have found out about Joey’s drug abuse history when they responded to the 911 call.

Paramedics were called back eight hours later and that is when they took the teenager to the hospital. He died the following day. The cause of his death was opiate and cocaine intoxication.

Paramedic Malpractice
Paramedics are supposed to provide patients with a certain duty of care. When medical mistakes happen, such as failure to administer the proper care, failure to diagnose, administering the wrong drug, delayed ambulance arrival, delay in taking someone to the hospital, or failure to follow the proper medical and safety procedures, the injured party and his or her family may have grounds for filing a Chicago medical malpractice claim.

Another lawsuit filed in 2004 Park Ridge death, Sun-Times News Group, February 16, 2009

Medical Malpractice, Justia


Related Web Resource:
Local Government and Governmental Employees Tort Immunity Act, Illinois General Assembly

Park Ridge, Illinois

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February 16, 2009

Chicago Medical Malpractice Lawsuit Claims Improper Care Led to Patient’s Attempted Suicide

In Illinois, the family of a woman who sustained catastrophic injuries after she tried to kill herself is suing Adventist Hinsdale Hospital for medical malpractice. The Chicago area hospital treated the woman prior to the attempted suicide incident, and her family is accusing the facility of failing to provide her with the proper treatment and dismissing her from the hospital too soon.

According to the Illinois medical malpractice complaint, which was filed in Cook County:
The woman, who had previously tried to commit suicide, was admitted as a patient to Adventist Hinsdale Hospital on August 26, 2007, where she remained for one week. While there, doctors suggested that she be transferred to Elgin Mental Health Center so she could receive constant supervision, but the center would not admit her because it did not feel it could provide her with the proper care. Adventist Hinsdale Hospital then discharged her.

Two weeks later, the woman was readmitted to the hospital for abdominal pain. Three days later, staffers discharged her again and said they could do nothing more to help her.

On September 25, 2007, the woman tried to kill herself again after jumping from her third floor balcony. She sustained massive internal bleeding and broken bones. Her mother says that because of the attempted suicide, her daughter is bed-ridden, can’t walk, experienced vision loss, and requires a feeding tube to eat.

The family’s medical malpractice lawsuit alleges negligence by Dr. Arun Kumar and Dr. Helena Muirragui. They say hospital staffers failed to address certain symptoms the woman was exhibiting, including psychosis and depression. The plaintiffs are seeking over $50,000 in damages.

Illinois Medical Malpractice
Doctors, nurses, and other medical providers are professionally and legally obligated to provide each patient with the appropriate, quality medical care that they need. When failure to provide that care causes a patient’s condition to deteriorate or complications to arise, the medical provide can be held liable for Illinois medical malpractice.

Family sues Hinsdale Hospital, Sun-Times News Group, February 5, 2009

Medical Malpractice, Justia


Related Web Resource:
Adventist Midwest Health

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February 14, 2009

Chicago Woman Murdered by Ex-Boyfriend Parolee Files Illinois Wrongful Death Lawsuit Against State Corrections Department

The father of Mersaides McCauley, a Chicago woman who was murdered by her ex-boyfriend, is suing the Illinois Corrections Department for her wrongful death. McCauley was fatally shot by Glenford Martinez in April 2008 before he committed suicide.

In November, Martinez, who was a convicted murderer choked McCauley to the point that she lost consciousness. She filed a domestic violence restraining order against the 35-year-old. While Illinois law allowed authorities to hold him without bail, he was allowed to remain free while waiting for the trial over the battery incident.

Right before the trial, Martinez shot her several times before shooting himself. The Illinois wrongful death lawsuit contends that police should have acted back when he choked McCauley.

Following that incident, the Illinois Corrections Department revised their policy. If the new rule had been in effect when Martinez assaulted McCauley, the domestic violence incident would have sent him back to jail. The new policy mandates that any parolee accused of stalking, domestic violence, violating a protection order, or committing a sexual offense, even if the offense is a misdemeanor, will automatically have violated his or her parole.

If someone you loved was a victim of a violent crime that occurred because another party was negligent or could have done more to prevent the incident from happening, there may have grounds for filing a Chicago wrongful death lawsuit against the responsible party.

For example, a premise owner may be held liable for wrongful death if he or she failed to maintain the proper security on a property. A murderer can also be held liable for wrongful death.

Slain woman's dad suing state, Chicago Tribune, February 14, 2009

Abusive parolees targeted, Courant.com, February 14, 2009

Murder exposes flaws in parole system Months after arrest for battery, parolee kills ex-girlfriend, self, April 11, 2008


Related Web Resource:
Illinois Department of Corrections


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February 12, 2009

Man Paralyzed in Illinois Motor Vehicle Accident Settles Personal Injury Lawsuit Against Defendant Whose Kids Held Drinking Party at Her Home

A man who became paralyzed in an Illinois motor vehicle accident after he attended an underage drinking party will receive a $2.5 million personal injury settlement for his catastrophic injuries. George Baldwin, now 22, was just 19 when the deadly accident happened.

Baldwin and his friend, William Klairmont, then 18, had gone to the home of Lauralee Pfeifer to visit her two teenage daughters, then 16 and 17. They drank beer in the girls’ bedroom.

After leaving Pfeifer’s home, Klairmont, who was drunk, lost control of his vehicle, which he crashed into a utility box. Baldwin suffered serious injuries that have left him paralyzed from the waist down. Klairmont was also injured in the Illinois auto crash.

By settling the case, Pfeifer, who did not provide the alcohol or even know the teens were drinking in her house, is not admitting to any wrongdoing for the tragic accident. However, Baldwin’s Illinois personal injury lawyer says that if she had been properly supervising the teenagers, she would have realized that they were drinking. Her daughters had been caught drinking alcohol in the past.

Baldwin also has filed an Illinois motor vehicle accident lawsuit against Klairmont for driving the vehicle while he was drunk. That case will go to trial next month.

Paralysis
Paralysis occurs when there is loss of muscle function in a part of the body. This can happen when the brain and muscles are unable to communicate with one another.

Kinds of Paralysis:
Paraplegia: Paralysis occurs in the lower half of the body.
Quadriplegia: Complete paralysis of the legs, arms, and trunk.

If you were seriously injured in an Illinois auto accident, there may be more than one party who can be held financially liable for your injuries.

Young man paralyzed in crash after underage drinking party settles lawsuit against Lake Forest homeowner, Chicago Tribune, February 12, 2009

N. Shore mom to pay $2.5 mil. for underage drinking party, Sun Times, February 12, 2009


Related Web Resource:
State Profiles of Underage Drinking Laws, Alcohol Policy Information System

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February 10, 2009

Burn Injuries Sustained by Chicago Baby Living in Public Housing Raises Issue of Maintenance Lapses

A few months ago, the Chicago Housing Authority settled a personal injury lawsuit involving a female infant who sustained serious burn injuries while living in the city’s public housing. In 2004, Jasmine Watson had rolled off a bed and landed on a hot radiator coil that had a broken cover.

The incident took place in at the Harold Ickes Homes located on the Chicago South Side. Jasmine’s grandmother, who was the tenant registered with the CHA, says that the radiators have been defective for years even though the malfunction has been noted during yearly unit inspections.

The CHA was unable to come up with inspection documents for years past, but a notice from just two months before the accident does report that there were defective radiator covers.

Jasmine, who is now five, has permanent scars from the Chicago premises liability accident. She will have to wait until she is older before she undergoes more medical procedures to treat her injuries.

The injuries to minor lawsuit was settled for $225,000. However, the CHA has never admitted fault.

Since 2000, the CHA has been named in over 180 premises liability complaints by residents that have to live with chronic living conditions, including rats, defective appliances, leaks, roaches, mold, defective lighting, hazardous stairwells, and sewage issues. These problems make for poor living conditions and dangerous hazards that can cause personal injury or wrongful death accidents.

Premises Liability
Chicago landlords and property managers are obligated to make sure that they repair all maintenance issues and get rid of any hazardous conditions on a premise. Common grounds for premises liability claims include:

• Inadequate security
• Improper maintenance
• Slip and fall
• Hazardous or unsafe conditions

CHA accident burns girl, raises maintenance questions, Chi-Town Daily News, February 9, 2009

Premises Liability Overview, Justia


Related Web Resources:
Chicago Housing Authority

Buildings closed at Ickes Homes, Chicago Journal, January 21, 2009

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February 6, 2009

Woman Files Illinois Slip and Fall Lawsuit Against Hospital

An Illinois woman is suing Memorial Hospital for injuries she sustained during a slip and fall accident. Sonja Harris says she hurt herself when she slid on melted snow in the entryway of the hospital and fell.

The alleged Illinois slip and fall accident occurred on February 14, 2007 as the plaintiff entered the door located between medical office center number 1 and the emergency room. As a result of the fall accident, Harris says she sustained serious internal and external injuries, felt sore, became lame, disabled, disorderly, and experienced extreme physical and mental pain. Her premises liability lawsuit also claims that she lost wages because she took time off from work and incurred medical bills because of her injuries.

Harris is accusing Memorial hospital of negligence because it allegedly failed to make sure that floor at its entryway was in a safe condition, did not clear the water from the floor, neglected to warn her about the melted snow, and failed to make sure that there was a runner or non-slip surface on the ground. The St. Clair County woman is seeking over $50,000 plus costs.

Slip and Fall Accidents
While a slip and fall incident may seem like a minor kind of accident, the injuries a person can suffer when slipping and falling can be very painful, debilitating, and disabling. Slip and fall injuries have been known to result in broken bones, hip injuries, back injuries, bruises, spinal cord injuries, and even head injuries. The elderly are especially at risk of sustaining a serious injury during a slip and fall accident.

Common Kinds of Slip and Fall Accidents:
• Trip and Fall
• Step and Fall
• Slip and Fall
• Stump and Fall

Premise owners are responsible for making sure that there are no conditions on a premise that can result in a slip and fall accident. A slip and fall accident victim may have grounds to hold a negligent or careless property owner or manager liable in civil court for Illinois premises liability.

Hospital Sued Over Woman's Fall on Melted Snow, The Madison/St Clair Record, February 3, 2009

Related Web Resources:
Preventing Injuries from Slips, Trips and Falls, NASD

Proving Fault in Slip and Fall Accidents, Nolo

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February 4, 2009

Federal Prosecutors Expand Probe Into Whether Chicago Police Tortured Murder Suspects

A federal investigation into whether Chicago police officers tortured murder suspects has expanded its focus to include six more detectives who have been linked to former Cmdr. John Burge and the police precincts where he worked on the South Side during the 1980’s. Burge, who was fired from his position in 1993, was indicted on obstruction of justice and perjury charges last fall.

He pleaded not guilty to federal charges that he lied while under oath when he denied that he and other police officers had engaged in police torture so that murder suspects would confess. Burge's criminal trial is scheduled for May 2009.

Among the evidence prosecutors are examining are medical records that could corroborate claims of Chicago police brutality. In one alleged incident of police torture, Andrew Wilson says he was shocked, beaten, and forced to put his stomach and chest on a hot radiator while Burge and other officers coerced him into confessing to the murder of two cops. There are photographs documenting Wilson’s burn marks and facial injuries.

Another suspect, Gregory Banks, says detectives put a plastic bag over his head so he would confess to murder. Seven years into Banks's prison sentence, the Illinois Appellate Court found that he made his confession while under duress of police brutality. He was awarded a new trial. Banks also filed a federal lawsuit for civil rights violations and won $92,000.

This month, David Fauntleroy was cleared of all wrongdoing after serving 25 years of a life sentence in prison. Fauntleroy has always said that Chicago police detectives who worked under Burge had tortured him so that he would confess to robbery and murder. James Andrews, a co-defendant who was convicted of the same crimes and who had implicated Fauntleroy, was released from prison last year. Andrews also has said that Chicago police tortured him.

Police torture or any other form of police brutality is a crime and a violation of one's civil rights.

U.S. investigation of Chicago police torture widens to include colleagues of Jon Burge, Chicago Tribune, February 4, 2009

Conviction out, man to walk free, Chicago Tribune, January 10, 2009


Related Web Resources:
Chicago Police Department

Human Rights at Home: The Chicago Police Torture Archive

Continue reading "Federal Prosecutors Expand Probe Into Whether Chicago Police Tortured Murder Suspects" »

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February 2, 2009

6 Chicago Area Residents Die in Plane Crash

A twin-engine plane crash in the West Virginia mountains has left 6 Chicago-area residents dead. The deadly aviation accident happened on Friday. The Piper Seneca II twin-engine six-seater that crashed was carrying members of the American Polish Aero Club, a Chicago aviation club.

Four of the plane accident victims were pilots who were on a trip to purchase a new plane for the 17-year-old club. The two other people that died were a reporter, who was covering the trip, and her father.

According to the National Transportation Safety Board, the weather conditions were very poor in the mountainous area when the crash happened early in the afternoon. The NTSB is also looking into reports that the pilot may have been having a hard time finding the airport or that the plane was low on fuel.

An initial investigation however found that the plane did not appear to be out of gas and that both engines were running when the aviation accident happened. The plane did strike high tension wire, but it is unclear whether that caused the aviation accident.

Witnesses who reported seeing the plane said the pilot seemed to be struggling to stay in control of it. The pilot was in contact with air traffic controllers when the plane crash happened. The owner of the plane, Wieslaw Dobrzanski, reportedly made a mayday call.

In addition to Dobrzanski, who is from Niles, the plane crash victims included Chicago resident Stanislaw Matras, Morton Grove resident Kazimierz Adamski, Des Plaines resident Irenevsz Michalowski, and Harwood residents Monika Miemiec and Stanley Niemiec.

Aviation Accidents
Plane crashes seldom end well for its crew and passengers. In many cases, injuries sustained in an aviation accident are fatal. It is important that you work with an Illinois plane accident lawyer who knows how to properly pursue and investigate your personal injury or wrongful death case.

Some causes of aviation accidents that could be grounds for a plane accident lawsuit:

• Pilot error
• Crew negligence
• Engine failure
• Design defects
• Faulty maintenance

Making sense of plane crash that killed 6 from Chicago area, Chicago Tribune, February 2, 2009

6 Chicago area residents killed in West Va. plane crash, Chicago Sun-Times, February 1, 2009


Related Web Resources:
Federal Aviation Administration

National Transportation Safety Board

Continue reading "6 Chicago Area Residents Die in Plane Crash" »

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