Chicago Injury Attorney Blog

In Will County, Illinois, the family of Drew Peterson’s third wife is suing former Bolingbrook cop Drew Peterson for wrongful death. Their civil lawsuit contends that Peterson killed Kathleen Savio.

Peterson first came under public and media scrutiny after he became a suspect in the disappearance of his fourth wife Stacy. While Savio’s death in 2004 was originally ruled accidental, her death is now being called a homicide. Police reopened her case after Stacy, 23, disappeared in October 2007.

Savio’s family has been waiting for a special grand jury to determine whether to indict Peterson for her death. Known as “Kitty,” the 40-year-old woman was found dead in a dry bathtub in her home. She died about a month before she was scheduled to appear in court for the approval of the division of her assets with Peterson.

After her death, Savio’s two sons received a life insurance payment of $1 million. The former cop also received money from other insurance policies, as well as profited from the sale of their residence and a bar. Savio’s children, who are now teenagers, continue to live with Peterson and the children that he had with Stacy.

Her family’s Illinois wrongful death lawsuit claims that one of the jurors involved in the inquest was a cop who told other jurors that he knew Peterson would never hurt Savio. The complaint says that Peterson was able to enter Savio’s home after they separated by using a garage door opener and cutting out part of a wall so he could crawl through. Peterson says he did cut a hole into the wall but that it was because Kathleen had changed the locks on him. On the day that Savio was buried, the family says that Peterson retrieved personal property that had yet to be inventoried.

Drew Peterson sued: Peterson faces lawsuit over death of Kathleen Savio, Chicago Tribune, April 22, 2009

Family of Drew Peterson's late wife files lawsuit, KTTC, April 21, 2009

Related Web Resources:
Peterson case timeline, Mysuburbanlife.com, October 27, 2008

Wrongful Death, Justia

In Illinois, Desiree Hendricks has filed a Chicago wrongful death lawsuit against Cook County, City Colleges of Chicago, and ex-con Bennie Teague. Teague has been charged with killing Desiree’s husband Marcus on April 18, 2008.

Marcus owned Hendricks Plumbing & Sewer, a plumbing business on the South Side, and he had hired Teague to work for him as part of a program that assigned ex-offenders to businesses. The program, the “Re-Entry Employment” project, was jointly run by City Colleges of Chicago and Cook County. Teague worked under Marcus for about a year.

Hendricks, 34, was reportedly seated at his desk when Teague, who was no longer employed by him, allegedly entered the plumbing business and shot him in the stomach using an AK-47 rifle. According to witnesses, Teague was seen walking out of the building and placing his gun in a plastic bag. He then engaged in a shootout with a number of police officers.

Desiree maintains that Marcus only knew that Teague had a robbery conviction as a juvenile and was not told about his history of violent crimes. Teague served time in prison for threatening to shoot his girlfriend. He was arrested in the murder of Curtis Gates in 2001 but was acquitted. He was charged with Hendrick’s murder and the attempted murder of police.

Some Reasons Why Someone Might File an Illinois Wrongful Death Claim:

• Negligent driving
• Medical malpractice
• Inadequate security
• Failure to exercise a certain duty of care
• Products liability
• Murder
• Train accident
• Work accident
• Exposure to hazardous substances
• Hazards on a premise
• Nursing home abuse or neglect
• Police brutality
• Construction accident death

Work program sued by victim's widow, Chicago Sun-Times, April 18, 2009

29 people shot over weekend, at least 6 killed, ABC Local, April 20, 2009

Related Web Resources:
Wrongful Death Overview, Justia

Wrongful Death Act, Illinois General Assembly

In Chicago, the family of an autistic teenager is accusing a local police officer of hitting their son. They say that 16-year-old Oscar Guzman was standing on the sidewalk outside his family’s fast-food restaurant in the Pilsen area on Wednesday night when he was questioned by two Chicago cops.

Because Guzman has autism, he wasn’t able to comprehend the questions and began walking away from the Chicago police officers. The cops went after him, and Guzman fled into the restaurant, shouting out that he is a “special boy.” His parents also told the cops that Guzman had special needs.

Despite their explanations, one police officer reportedly struck Guzman in the head with a baton and eight staples had to be put on his gash. His parents say they saw the Chicago police brutality attack. Guzman, who has mild autism, has the mental faculties of a 5th grader.

The Chicago Police Department is investigating the civil rights violation allegations. Guzman’s family says they may file a police brutality lawsuit against the cops.

The alleged Chicago police beating took place at a time when the police department is promoting its award-winning Crisis Intervention Team, which trains officer to be cognizant of citizens with disabilities or mental illnesses.

Autism
• 1 out of 160 children are diagnosed with autism.
• Police offices are seven times more likely to interact with a person who is developmentally disabled than a member of the general public.
• Certain characteristics associated with autism, such as ignoring questions and avoiding eye contact, are also the signs that officers are trained to watch out for when examining suspects.
• People with autism tend to be very sensitive and merely touching an autistic person can aggravate them.

Unfortunately, this is not the only incident in the US involving allegations that a police officer used excessive violence on someone with autism.

• A 12-year-old boy reportedly was Tasered by police because he refused to line up to have his picture taken.
• A local police chief yelled out to a crying autistic girl and her mother to leave a restaurant.

Family claims Chicago police officer beat autistic teenager, Chicago Tribune, April 25, 2009

Police Chief Orders Crying Autistic Child And Mother To Leave Restaurant, The Consumerist, July 14, 2008

A 12-year-old autistic boy got tased for making trouble at school, PoliceBrutalityInfo, March 3, 2009

Related Web Resources:
Autism Society of America

Chicago's finest under fire for brutality, CNN.com, September 28, 2007

Continue reading "Chicago Police Officers Accused of Beating Autistic Teen" »

In a 14-42 vote, the Illinois Senate rejected a plan mandating all motorcyclists to use a helmet. Illinois, New Hampshire, and Iowa are the only three US states that don’t have a motorcycle helmet law.

This is not the first attempt to get a motorcycle helmet law passed in the state. One reason for this is that there have been motorcycle advocate groups who want helmet use to remain the rider’s decision, not a state government mandate.

According to the National Highway Traffic Safety Administration, the use of motorcycle helmets saved 1,784 lives in 2007, and 800 additional lives could have been saved if the motorcycle riders had been using helmets when they were involved in the deadly motorcycle accidents. 142 of the motorcyclists that died that year were in Illinois, and over 80% of these victims were not using helmets.

Some steps motorcycle riders can take to protect themselves when riding on Illinois roads:

• Wear the proper protective clothing.
• Use your headlight.
• Signal your intentions, whether you are turning or changing lanes.
• When necessary, use your horn.
• Get out of other vehicle’s blind spots.
• Pay attention to what other people are doing.
• Keep looking around.
• Don’t tailgate.
• Don’t speed.
• Pay attention to road conditions and adjust your speed accordingly.

Motorcyclists tend to be more vulnerable to serious injuries than people riding within the protection and safety of large trucks and passenger cars. While use of a helmet can decrease the impact on a motorcyclist’s head when colliding with a motor vehicle, the ground, a concrete barrier, or another nonmoving object, other serious injuries can occur, including broken bones, spinal cord injuries, burn injuries, and internal injuries, and, of course, death.

You may be entitled to lllinois personal injury recovery from a negligent motorist or another liable party for your Chicago motorcycle accident injuries. Unfortunately, It is not uncommon for people to think that the motorcyclist is to blame for the traffic crash.

Illinois Senate rejecting a mandatory motorcycle helmet law, STLToday, April 1, 2009

Illinois Senate rejecting a mandatory motorcycle helmet law, St Louis Post-Dispatch, April 1, 2009

Related Web Resources:
State of Illinois, Bikersrights.com

Continue reading "Illinois Senate Rejects Motorcycle Helmet Requirement" »

This week, Chicago police officers will take more aggressive steps to promote Illinois pedestrian safety. They will pose as pedestrians crossing the street at intersections without stop signs and traffic signals and issue tickets to driver who fail to yield the right-of-way to them. Violators could face fines of up to $500.

A number of high-profile crosswalk enforcement operations are scheduled to occur at Nagle and Peterson Avenues, at 86th Street and Commercial Avenue, at 119th Street and Stewart Avenue, at 103rd Street and South Prairie Avenue, and at 86th Street and Commercial Avenue. More crosswalk stings are expected to occur every week through September near schools, shopping areas, senior citizen centers, and other areas with known track records of pedestrian-auto crashes.

There are Illinois lawmakers who want to take an even tougher stance against motorists who don’t yield to pedestrians. Currently, there is legislation moving through the Illinois Senate mandating that drivers not only yield to pedestrians in crosswalks but actually stop their vehicles. The measure has already been passed in the House. The City of Chicago, the Illinois Association of Chiefs of Police, Access Living, and AARP Illinois are among those who support the ‘must stop’ bill.

According to recent National Highway Traffic Safety Administration pedestrian statistics, there are over 6,000 Illinois pedestrian-vehicle crashes that occur each year. Over the last three years, about 50% of these pedestrian accidents occured in Chicago.

The Illinois Department of Transportation reported 171 pedestrian deaths in the state in 2007. 98 of these deaths occurred in Chicago’s six counties, with 39 of them taking place in the city of Chicago. The Active Transportation Alliance says 40% of pedestrian-auto collisions that occurred in Chicago between 2005 and 2007 took place within 800 feet of schools, while another 30% occurred within 800 feet of parks.

CyberDriveIllinois.com lists a number of situations when a driver must yield the right-of-way to a pedestrian:

• Whenever a pedestrian is in an unmarked or marked crosswalk.
• When turning at an intersection.
• After stopping completely at a flashing red signal or a stop sign at an intersection.
• When making a legal turn on a red light.
• When a pedestrian is exiting or entering a highway or street from a building, an alley, a driveway, or a private road.
• When there are people walking or standing in work safety or highway construction zones.
• When a pedestrian is disabled.
• When a pedestrian steps into a crosswalk and the light has yet to change.
• When a pedestrian is walking in the crosswalk and the “walk” signal is flashing.

Police crosswalk stings will target drivers who don't yield to pedestrians, Chicago Tribune, April 20, 2009

Rules of the Road, CyberDriveIllinois.com

Related Web Resources:
Chicago Department of Transportation

National Highway Traffic Safety Administration

Continue reading "Chicago to Implement New Pedestrian Safety Initiatives Targeting Illinois Drivers Who Fail to Yield at Crosswalks" »

A senior suburban Chicago couple sustained multiple injuries on Wednesday when the SUV they were sitting in while parked at a McDonald’s was struck by a giant set of Golden Arches. Strong Arizona winds reportedly blew the trademark “M” sign from the top of a pole located across the street from the popular fast food restaurant.

The couple, Carolyn and Russell Janke, was knocked unconscious. Rescue crews had to cut Carolyn from the SUV, which sustained serious property damage from what officials are calling a “freak accident.”

Carolyn is reportedly in critical condition. She reportedly fractured her sternum and her spinal column. Meantime, Russell was struck in the head and needed over 70 stitches.

The couple's daughter-in-law, Ann Janke, wants to know why the sign wasn’t better secured. The Jankes, a Naperville couple, had been returning from their winter home in Arizona to their residence in the Chicago suburbs.

Restaurants, cafeterias, fast food restaurants, and other eateries are supposed to make sure that there are no hazardous conditions on their premises that could injure or kill patrons. This includes making sure that there are no slippery substances on the floor that people might slip and fall over, there is adequate lighting, food is prepared under sanitary conditions and is properly cooked, the security on the premise is adequate so that no violent crimes can take place, and any existing hazards are remedied, repaired, or removed.

When failure to execute these duties of care result in injury or death, the restaurant owner, the management company, and other responsible parties can be held liable for premises liability.

Naperville couple hurt in 'freak accident': McDonald's sign in Arizona falls on their SUV amid heavy winds, Chicago Tribune, April 17, 2009

McDonald's golden arches topple in Arizona high winds, crush Naperville couple, Chicago-Sun TImes, April 17, 2009

Related Web Resources:
Premises Liability Overview, Justia

Continue reading "McDonald’s Restaurant Makes National Headlines As Golden Arches Crush Suburban Chicago Couple Seated in Car in Parking Lot" »

In Cook County Circuit Court, the family of a boy who drowned in a pool at a condominium is suing Lincolnway Management Co. and Stonebridge Condominium Association for his Illinois wrongful death. Jamar Garrett died on July 18, 2007.

Garrett and a few friends had hopped a fence to enter the condo property and swim in the pool. Now, his family is accusing the Illinois wrongful death defendants of major safety violations, including failing to maintain a pool enclosure that was safe and not having a “life-hook” at poolside.

The Cook County lawsuit also accuses the defendants of violating a number of safety provisions under the Illinois Pool and Beach Bathing Act, including the requirement that a protective wall fully enclose a pool. Any gate that surrounds the pool is supposed to be at least four feet high.

The complaint recounts that Jamal’s brother tried to find him in the water but couldn’t see him because the water was very murky. He then tried to find a pole that he could place in the water for his brother to grab onto but he could not find one. He had to watch his older brother drown.

Premises Liability
Property owners are obligated to make sure that there are no hazardous conditions on a premise that could cause injury or death. Pool owners and managers are also supposed to do the same.

According to the Illinois Swimming Pool and Bathing Beach Code, rescue equipment needs to be easily available at a pool, including:

• A shepherd’s crook or life hook that is at least 12 feet long
• A US Coast Guard approved ring buoy
• An emergency phone accompanied by an emergency contact list
• Lifeguard stations

Among the general design requirements for pools:
• The pool area needs to be completely enclosed by a protective barrier that is at least four feet high.
• There must be a self-closing, self-latching entrance to into the pool enclosure and secure locking of the entrance must be possible.

More than 3,500 people died in accidental drownings in the US in 2005. Kids 14 years of age or younger make up more than one in four deadly drowning deaths. Even nonfatal drowning accidents can be catastrophic, resulting in traumatic brain injuries.

Family Files Suit Over Drowning Death Of Son, CBS2Chicago.com, March 25, 2009

Illinois Swimming Pool and Bathing Beach Code, Ilga.gov

Water-Related Injuries: Fact Sheet, CDC

Two plaintiffs recently filed their Illinois slip and fall lawsuits in state court for their personal injuries. They are each seeking over $50,000 plus costs.

In one Illinois premises liability complaint, Dorothy Baker says she fractured her right shoulder while walking on a sidewalk outside a Ponderosa Steakhouse owned by ABI Enterprises. Baker says that she fell because there was no warning sign to let customers know that there was a steep drop off at the end of the sidewalk.

According to her premises liability lawsuit, she fractured her right shoulder, accrued hospital expenses, suffered significant physical and mental pain, experienced disability and disfigurement, can no longer perform her usual responsibilities, and cannot live her life in the way that she is normally accustomed.

Baker is accusing ABI Enterprises of liability because it designed the sidewalk. She also says that the company failed to warn about the sudden drop-off, neglected to place a rail on the drop-off, did not install the proper lighting so that customers could see the drop, and neglected to fix the sidewalk.

In another Illinois premises liability lawsuit also filed in state court this month, Jacqueline Purchase is suing apartment complex owners James and Brenda Hayden for slip and fall injuries she sustained when she was walking on a walkway on the premise.

Purchase says that her premises liability accident occurred because there was ice on the ground. Her Illinois slip and fall lawsuit contends that the complex owners shouldn’t have let the melting snow freeze over the concrete driveway and that they should have taken steps to get rid of the ice, as well as warn her about the hazard.

Purchase says that as a result of the slip and fall accident, she broke her ankle, experienced disfigurement and disability, suffered great physical and mental pain, incurred medical bills, lost wages, and can no longer live a normal life.

Woman falls at Ponderosa, files suit, The Record, April 8, 2009

Apartment complex owners sued over tenant's slip and fall, The Record, April 10, 2009

Related Web Resources:
Slip and Fall News, Justia

Slip and Fall Accidents, Nolo

In Illinois, a man who says that two Alton police officers beat him so severely that he sustained brain damage is suing the two cops, the city of Alton, and the Alton Police Department for personal injury. Russell K. Cox is seeking over $300,000 plus additional relief.

The Godfrey resident says that on April 24, 2008, Lt. William Taul and Police Officer James Hunter approached him on the street. The two cops allegedly hit him with their hands, flashlights, and fists, threw him onto the ground, sprayed him with some substance, and jolted him with an electroshock-like device. Cox says that he sustained personal injuries, including brain damage, a concussion, permanent hearing loss, extended mental pain, physical pain, suffering, and disability. He also incurred medical expenses.

The Illinois police brutality lawsuit accuses the two men of assault and battery, failing to exercise due care for the plaintiff’s safety, and not obeying procedures and policies that prohibit excessive force. Cox is suing the the city of Alton and its police department for the violent police assault and battery incident, failing to exercise the due care necessary to ensure his safety, failing to set up the proper procedures, failing to train police officers on not using excessive force, and failing to obey policies that bar the practice of police brutality.

Brain Damage
Brain damage can seriously impair a person’s ability to function properly—especially if the brain injury is severe and permanent. Depending on the type of brain injury, the victim's memory, judgment, any of the five senses, the ability to communicate, the ability to stay cognizant, his or her personality, libido, and ability to complete routine tasks can all be affected.

Brain injuries are often catastrophic, costly injuries that wreak havoc on the lives of the injured party and family members.

Godfrey man claims brain damage after Alton police allegedly assault him, The Record, April 8, 2009

Related Web Resources:
Traumatic Brain Injury Information Page

Use of Force By Police: Overview of National and Local Data, US Department of Justice

Continue reading "Chicago Personal Injury: Illinois Man Sues Police for Brain Injury Sustained During Alleged Police Brutality Incident" »

In Cook County Circuit Court, Christine Sanders filed her Illinois wrongful death lawsuit against the city of Chicago, its fire department, and its police department. She is seeking over $100,000 in damages.

Her Chicago complaint contends that her son Mario, who had mental issues, wouldn’t have died if the city and its departments hadn’t failed in their duty to him when they carelessly responded to a 911 call about him, neglected to rescue him in a timely manner, and failed to warn him that there was a train approaching.

Mario was struck by a train on April 8, 2008 after entering the train tracks. Someone made a 911 call to rescue him but he was hit by the train before anyone came.

Some Reasons Why Train-Pedestrian Accidents Happen:
• Trains move at fast speeds
• After stepping on the emergency brakes, trains need to travel a mile before stopping.
• Trains are not as noisy as they used to be, which means someone who isn’t facing the train might not hear the train until it is 100 feet away.
• A train’s width can extend more than three feet outside the train rails.
• Two trains can be traveling next to each other on tracks that are side by side.
• Trains are known to switch directions.
• A train that is approaching may look like it is traveling slower than its actual speed.

That said, a pedestrian may get hurt in a train accident cbecause another party was negligent or careless. It is important that you speak with an experienced Chicago train crash law firm who understands train accidents and how to thoroughly investigate them so that the responsible parties can be held liable for personal injury.

Mother Blames City For Son's 2008 Death, CBS2Chicago.com, April 7, 2009

Related Web Resources:
City of Chicago

Federal Railroad Administration Office of Safety Analysis

In Illinois, a woman is suing a number medical care providers for medical malpractice. Anastasia Parker claims that because she was injected with radioactive iodine while she was pregnant, her daughter Taelor Hannah was born with hypothyroidism and will have to undergo medical treatment for the condition for the duration of her life. Parker is seeking a judgment over $500,000 plus costs.

In 2006, Parker underwent a thyroidectomy. She then had to be administered radioactive iodine on more than one occasion. Dr. Wael Girgis and Dr. Mohamed Megahy, however, failed to make sure that she wasn’t pregnant before administering the radioactive iodine injections.

Parker’s Illinois medical malpractice lawsuit contends that as a result, her daughter, who was born on August 3, 2007, was soon after diagnosed with hypothyroidism. The complaint says that because Parker was injected with radioactive iodine while pregnant with Taelor Hannah, the toddler is at higher risk of cognitive deficits, developmental delays, mental retardation, and cancer. Parker also blames the defendants for failing to tell her about the risks of taking radioactive iodine and of not talking to the proper doctors before administering the injections to her.

The defendants in Parker’s Illinois civil lawsuit are Dr. Megahy, Dr. Girgis, Belleville Oncology, Maryville Oncology, and Memorial Hospital.

Doctors are supposed to make sure that anything that they administer to a patient will not cause injury or other harm to him or her. They owe it to all of their patients to provide no less than a certain standard of care, and failure to provide that care can be grounds for a medical malpractice lawsuit if a patient gets hurt, even more sick, or dies.

If your son or daughter is born with an illness, injury, or condition that occurred because your doctor or another medical provider was negligent, careless, reckless, or made a mistake, you also may have grounds to file an Illinois birthing malpractice lawsuit.

Woman treated for thyroid condition sues doctors for not administering pregnancy test, The Record, March 31, 2009

Related Web Resources:
Hypothyroidism in Children, EHealthMD.com

Hypothyroidism, MayoClinic.com

In Illinois, a 25-year-old University of Chicago student is suing the school for personal injury. The woman, who was raped when she went on a date four years ago, says she sought help at the Student Care Center following the incident but that the nurses there failed to use a rape kit to collect medical evidence to show she had been sexually assaulted.

Her Chicago personal injury lawsuit contends that prosecutors decided not to press criminal charges against her attacker because there was no medical evidence. The plaintiff claims that not securing the rape kit violated Illinois law, as well as the standards of care she should have received at the care center. She also says that she suffered serious emotional damage, including fear, shame, post-traumatic stress disorder, and anxiety, because her attacker was never brought to justice.

Her Illinois personal injury lawsuit had been dismissed on two occasions. A Cook County judge, however, gave the plaintiff permission to refile her claim to include more specific claims. This week, the judge is expected to determine whether the case can proceed.

According to the plaintiff’s complaint, state statutes and medical standard of care required that the student care center gather evidence and document her injury. She also contends that the center should have had procedures in place for administering the rape kit. The university, however, maintains that it was the woman who declined to be examined and evaluated for evidence that she was sexually assaulted.

The victim had filed an Illinois personal injury lawsuit against her attacker. A civil ruling determined that the plaintiff was raped. The parties reached a confidential settlement regarding this matter.

Rape Kit
A rape kit is used in medical facilities to collect evidence that a victim has been raped. The evidence, which is gathered and stored, can be used in court.

College Rape Facts:
• 1 out of 4 college women is the victim of sexual assault.
• 1 out of 8 college women will be raped.
• 84% of the rape victims knew their attackers.
• More than half of college rapes are date rapes.

Statistics on College Rape, Bates.edu

U. of C. says woman filing suit had 'declined' rape exam, Sun-Times.com, April 2, 2009

Student feels violated twice, Sun-Times, April 1, 2009

Related Web Resources:
Student Care Center at the University of Chicago

Rape on College Campuses, Chicago Tribune, December 2, 2007