Chicago Injury Attorney Blog

The mother of a University of Illinois college student who died in a Joliet hit-and-run accident in 2008 is suing the Chicago White Sox and City of Champions bar for wrongful death. Maria Lech’s Cook County wrongful death lawsuit is also suing At Your Service, ChiSox Corp, Illinois Sports Facilities Authority, SDI Security, Illinois Sportservice, and the City of Champions bar owners.

Lech’s contends that the bar overserved her daughter, Melissa Lech, who was a minor, 20, on the night that she died. She says her daughter was so drunk that bar employees made her leave the bar. The bar, however, claims that workers checked Melissa’s ID and she was only allowed into the bar so she could ask friends for a ride home.

Following a local hearing, however, Joliet Mayor and Liquor Commissioner Art Schultz said there is no evidence confirming that the bar ever served Melissa alcohol. The city did close the City of Champions bar down for a week for letting minors onto the premise.

Lech’s Chicago wrongful death complaint also accuses the bar of overserving the person that fatally hit her daughter with his vehicle. The driver then fled the Joliet car accident site. Lech is citing the Dram Shop Act in her claim. However, a hit-and-run driver has not been identified and no one has been charged yet with Melissa’s death.

Lech is also accusing White Sox vendors of letting her daughter buy alcohol and not checking her ID to make sure she wasn’t a minor.

Melissa and her friends had been drinking at a Chicago White Sox game before going to the bar on the night of August 6, 2008. She was later found lying on McDonough Street in Joliet. Autopsy results show that the 20-year-old died of severe blunt head trauma.

Mom sues Sox, bar in fatal Joliet hit-and-run, The Herald News, August 1, 2009

College Student Killed In Joliet Hit-And-Run, CBS, August 8, 2009

Related Web Resources:
Illinois General Assembly

City of Champions

Chicago White Sox

The father of Amber Cremeens, 34, is suing the estate of her ex-boyfriend for her wrongful death. Tyler James Martin, a former Wonder Lake resident, is now deceased. The 36-year-old shot himself to death last February in Chicago after a standoff with police who were seeking him in connection with Creemens’s alleged murder.

However, prior to his death, Wheat Ridge police say Martin followed Cremeens in a vehicle on the night of February 17. He allegedly shot at her vehicle, succeeding in forcing it off the road. Martin then stopped his vehicle and shot his ex-girlfriend numerous times at close range. Police discovered her body in the driver’s seat.

Creemens and Martin dated for eight years. Their relationship ended in 2008. Police say Martin stalked his ex-girlfriend after they stopped dating each other.

Creemens’s father, Victor Freund, is seeking over $50,000 in damages for her Illinois wrongful death and negligence related to his daughter’s suspected shooting death.

If you or someone you love was a victim of a violent crime, there are legal remedies available in the state of Illinois that could allow you to obtain personal injury or wrongful death recovery against the responsible parties.

In some cases, the victim is the direct target of a crime. In other instances, the victim may have just been in the wrong place at the wrong time. For example, earlier this month, a Cook County jury awarded the family of a homeless person $417,000 for his Chicago wrongful death.

Eric Jones, 41, died after he was hit by a bullet fired by a Chicago Police officer during a shoot-out over an attempted carjacking. Jones was an innocent bystander.

Father of murdered McHenry woman sues killer's estate, Daily Herald, July 22, 2009

$417K for family of bystander killed by police in shoot-out, Sun-Times, July 17, 2009

Related Web Resources:
Wrongful Death, Justia

Wrongful Death, Nolo

The adopted son of retired Cook County Judge Lambros Kutrubis is suing him for personal injury. John Kutrubis, 19, claims his father physically, sexually and psychologically abused him. He is seeking monetary damages of over $50,0000 against the former judge, 66, who denies the allegations.

In his Cook County personal injury complaint, John claims his father mentally and physically abused him for eight years and sexually abused him for three years. He says the abuse incidents began after his mother was kicked out of their residence and she was not allowed to contact him.

John claims his father would beat him after getting drunk, removed the doors to his bedroom and bathroom so he could watch him, and fondled him while he took drug tests after he tested positive for marijuana in 2004. John says that when he threatened to tell police about the sexual abuse, his father threw him out of the car and drove the vehicle into him, causing injury to his knee.

John claims that while taking a drug test in 2007, he fought back and his father bit him. The elder Kutrubis was convicted of misdemeanor domestic battery over the altercation and an order of protection was issued preventing him from having contact with John. John also is accusing his father of abusing his mother.

The elder Kutrubis says he thinks that the Chicago personal injury lawsuit is connected to his ongoing divorce case with his ex-wife. The former judge has an Illinois Department of Children and Family Services report that says that John’s sexual abuse claims are “unfounded.” The DCFS says that Lambros Kutrubis never allowed himself to be interviewed.

Chicago Personal Injury
If you have been the victim of an assault crime of any kind, you may be able to file a Chicago personal injury lawsuit against the responsible party. Assault and abuse can be committed by strangers as well as people the victim may know.

Son's suit accuses retired judge of years of abuse, Chicago-Sun TImes, July 25, 2009

Ex-judge taken to court for eight years of abuse, Chicago Now, June 30, 2009

Related Web Resource:
Illinois Department of Children and Family Services

Continue reading "Son of Retired Cook County Judge Sues Him for Chicago Personal Injury " »

In Illinois, a Sherrard couple is suing McDonald’s for their son’s personal injury. Lisa and Dennis Mrasak say that their 16-year-old son, Dillon, had to be hospitalized for a few days and tested positive for hepatitis A after eating at the McDonald’s in Milan, Illinois.

Two of the food handlers at this particular McDonald’s were among the 22 people who recently had hepatitis A in Milan. However, McDonald’s Corp says that no one who suffered from the illness came to work once the problem was identified.

Kevin Murphy, who owns the Milan McDonald's, is a defendant in the Illinois personal injury lawsuit. Murphy and McDonald’s were sued in a separate Illinois personal injury lawsuit, also filed this week, by a man who had to get preventive shots after eating at the same restaurant.

Restaurants in Chicago and the rest of Illinois are supposed to make sure that patrons do not get sick from eating food prepared or served on the premise. If a patient gets Hepatitis A or suffers from food poisoning or sustains another kind of illness because the kitchen is dirty, the food that was served to a customer was spoiled or was not properly prepared, or because of another unsanitary condition, the restaurant and its owner could be held liable for personal injury.

In an unrelated civil lawsuit that has caught the media’s attention involving another restaurant, a man is suing a Claim Jumper restaurant because he says that he bit into a condom that was in his French onion soup. The plaintiff claims that the incident has traumatized him and he is worried that he has contracted a sexually transmitted disease. The restaurant is disputing this personal injury plaintiff's claims.

Other examples of other possible reasons for filing a Chicago personal injury lawsuit against a restaurant include inadequate security and slip and fall.

Family sues McDonald's, claims foodborne illness, Forbes.com/AP, July 23, 2009

McDonald's sued after diner gets Hepatitis A, Reuters, July 23, 2009

Man sues Claim Jumper, claiming condom was in his soup, OC Register, July 22, 2009

The Illinois Department of Financial and Professional Regulation has placed obstetrician-gynecologist Dr. Scott Pierce on probation for one year and fined him $500. Pierce is accused of mistreating a pregnant woman while she was in labor with her fifth child.

The patient, Catherine Skol, sued Pierce for Chicago medical malpractice in Cook County last December. Skol delivered her baby at Rush University Medical Center in March 2008.

According to her Chicago medical malpractice complaint, Pierce, who was filling in for Skol’s doctor, arrived at the hospital four hours after she got there, scolded her for not calling first, and wouldn't give her any pain medicine. He is accused of telling a nurse that the patient deserved to feel pain for failing to let them know that she was coming to the hospital.

Skol also contends that Pierce performed a painful vaginal exam while she was experiencing a contraction and told her to push even though she wasn’t fully dilated. She says he told her to shut up, keep her mouth shut, and push. She says she and her husband became afraid to complain after Pierce allegedly told her she could hemorrhage and the baby could die.

Skol says that while she was in labor, Pierce made hostile cell phone calls to other people and then used a very large needle to give her unnecessary stitches after the birth.

Following an investigation into the incident, Rush University Medical Center suspended Pierce’s privileges there. Pierce has is own private in Melrose Park.

If you or your child suffered injuries during delivery, you may have grounds for filing a Chicago medical malpractice lawsuit. Your obstetrician-gynecologist is supposed to provide you with a certain standard of care. Failure to provide that level of care can be grounds for a Chicago medical malpractice lawsuit if you or your child suffered physical or emotional harm as a result.

Doctor disciplined for allegedly chastising Chicago-area woman in labor and denying her pain medication, Chicago Tribune, July 22, 2009

Woman: Doctor Told Me to "Shut Up and Push," NBC Chicago, January 6, 2009

Related Web Resources:
Medical Malpractice and Childbirth, Wrong Diagnosis

Illinois Department of Financial and Professional Regulation

According to the Chicago Tribune, the city of Chicago has slowed down its efforts to make sure that the thousands of porches in the city are safe for use. While the city did initiate an inspections crackdown six years ago when 13 people died in a Lincoln Park porch collapse accident—500 bad porches were identified—the special inspection task force was disbanded in 2006 after the majority of repairs were fixed. Now, the lack of inspection manpower may be one the reason why dangerous porches are being discovered too late.

Just this May, 27-year-old Atit Mansuria and 20-year-old Caroline Manderos got hurt when a porch they were standing on broke. The two of them fell 20 feet to the concrete alley. Manderos fractured her neck while Mansuria, who sustained head injuries, is still in the hospital. The porch they were on hadn’t been inspected for years.

Currently, the city of Chicago has about 43 “conservation” inspectors. In addition to inspecting porches, their job entails checking for structural damage, rodents, and other dangers. Porches are inspected when new permits are issued or when someone files a complaint. However, not everyone knows when a porch may be hazardous, which means complaints aren’t filed until after an accident has happened.

Recent Chicago porch collapse accidents that have led to injuries:

• In August, 2-year-old Jermarih Cook fell six feet when a rotten step collapsed under her weight. Her tooth went through her lip, creating a large hole in her mouth. Although inspectors came to the scene a few days after the Chicago porch accident, a new porch wasn't installed until June.

• Last May, Douglas Ames filed a Chicago premises liability lawsuit against his landlord. Ames tore ligaments in his leg when he partially fell through a porch.

Repairs to some 500 dangerous porches have been delayed due to inspection and legal backlogs. Since January 2008, neighbors and tenants have made almost 2,500 phone complaints warning about possible injuries.

If you or someone you love was injured in a Chicago porch accident, you may have grounds for filing a Chicago premises liability lawsuit against the landlord or homeowner.

Porch safety: Chicago says it's up to you, Chicago Tribune, July 20, 2009

City Of Chicago Emphasizes Safe Porch Usage And Strategies, City of Chicago.org, July 3, 2003

Related Web Resources:
12 Die as Chicago Apartment Porch Gives Way, Los Angeles Times, June 30, 2003

City of Chicago

Continue reading "Chicago Premises Liability?: City Slows Down Porch Inspection Efforts" »

In Illinois, nationally syndicated columnist Georgie Anne Geyer filed her Chicago dental malpractice lawsuit against Dr. Daniel I. Chin, Jr. and Dr. Jeffrey Taugner. In her Cook County Circuit Court complaint, Geyer claims that the two Chicago dentists failed to diagnose that she had cancer of the tongue and mouth

Geyer claims that in 2006, she went to Dr. Taugner because there was a white lesion on her tongue that hurt. She then went to see Dr. Chin, who performed a biopsy.

Geyer’s pathology report noted that she was merely suffering from a common skin disease. However, by the fall of 2007, the lesions had spread to other areas in her mouth.

Geyer underwent a second biopsy, which confirmed that she had T3 squamous cell carcinoma and that they were now in her lymph nodes. The noted columnist had to undergo extensive surgery to remove the cancer, and she now has problems speaking.

Dental Malpractice
If you or someone you love was seriously injured or became ill due to dental malpractice, an experienced Chicago medical malpractice lawyer can determine whether you have grounds for filing an Illinois personal injury complaint.

Examples of Dental Malpractice:
• Failure to treat or diagnose an oral disease
• Failure to diagnose dangerous oral conditions
• Negligent dental work
• Botched dental procedures
• Botched oral surgery
• Faulty root canal
• Defective dental devices
• Unnecessary extractions
• Extraction-related injuries
• Extracting too many teeth or the wrong teeth
• Complications related to bridges and crowns
• Failure to treat gum disease
• Anesthesia-related errors

Illinois dental malpractice can cause infection or permanent injuries to the teeth, jaw, tongue, or lips. It can also cause nerve damage or the loss of the sense of taste.

Journalist Georgie Anne Geyer sues over cancer, Daily Herald, July 8, 2009

Related Web Resources:
Dental malpractice suit shows gaps in information, Health Journalism, May 27, 2009

Jury awards $11M to Woodbridge family in oral surgery malpractice case, NJ.com, Friday March 6, 2009

A tragic Illinois train-car accident has claimed the lives of two grandparents and their grandchild. The people that died are Benjamin Rasmusen, 82, Marilyn Rasmusen, 81, and Elizabeth Rasmusen, 9. The deadly LaSalle County train accident happened on Monday afternoon. Elizabeth’s siblings, Ben, 7, and Emilia, 11,were also injured in the Illinois train wreck. They were transported to local hospitals and are recovering from their injuries.

According to the sheriff’s office, the motor vehicle carrying all of the victims was headed south on East 23rd Road while the Amtrak train was going west. The train hit the vehicle at the railroad intersection. The cause of the Amtrak train accident is still under investigation.

Monday’s fatal collision comes just a few days after five teenagers were killed when an Amtrak passenger train struck the vehicle that they were riding in. The train was going from Detroit to Chicago on Thursday.

According to witnesses, the car’s driver, 19-year-old Dan Broughton, tried to go around the gate crossing and was hit by the train, which pushed the vehicle approximately a mile from one crossing to the next. The warning device and the gate at the crossing where the train accident happened appeared to have been working.

Broughton, Jessica Sadler, 14, Eddie Gross, 17, Terrence Harris, 21, and his brother Sean Harris, 19 were killed in the Amtrak train crash.State records show that Broughton’s driver’s license was suspended the day before the train-car crash because he had a poor driving record. Violations that led the suspension included speeding, driving without a valid license, failure to stop at a stop sign, and causing a motor vehicle crash.

If you or someone you love was injured in an Illinois train accident, you may have grounds for filing a personal injury claim or a wrongful death lawsuit. Liable parties may include the train company, a negligent driver, the manufacturer of the train, an auto manufacturer, or another party.

Three killed after Amtrak train, car collide in LaSalle County, Chicago Sun-Times, July 13, 2009

Train hits car near Detroit, killing 5 in sedan, AP, July 10, 2009

Related Web Resources:
Amtrak

Train Accidents, Justia

Continue reading "LaSalle County Train-Car Collision Kills Two Grandparents and Their Grandchild" »

This weekend, thousands of family members arrived at the Burr Oak Cemetery in Alsip, Illinois to find out what happened to the bodies of their deceased loved ones. Their visits come in the wake of Cook County officials discovering at least 300 corpses that had been dug up and tossed in piles. Burr Oak Cemetery is a historically black cemetery.

Police say that a number of employees desecrated the bodies so they could resell cemetery plots to make money. Four former and current cemetery workers have been charged with dismemberment. If convicted of the felony charges, they could face anywhere from 6 to 30 years in prison.

Cook County Sheriff Thomas J. Dart says that the desecrations likely go back at least four years if not more. He’s also concerned that more bodies may be discovered.

Several Cook County personal injury lawsuits suing for damages have already been filed. Plaintiffs Jeremy Washington, Roshanda Washington Jones, Jarvis L Washington, Renia Washington, and Chequita Byrd-Davis are seeking over $30,000 in damages for the intentional infliction of emotional distress. Their family members were buried at the Illinois cemetery between 1997 and 2004.

The defendants of the Alsip personal injury complaint are Burr Oak Cemetery, Perpetua LLC, its president Melvin Bryant, and the four employees charged with committing the alleged crimes—Maurice Dailey, Keith Nicks, Terrence Nicks, and Carolyn Towns.

At least five other Illinois personal injury complaints have been filed and a class action complaint may be pending.

This week, authorities will have to identify over 100,000 graves. The problem will likely be compounded by what Sheriff’s spokesperson Steve Patterson is calling the cemetery’s “disastrous record-keeping.” Reverend Jesse Jackson wants the cemetery to be placed in receivership.

Burr Oak Cemetery: Relatives of 7,000 people buried in site near Alsip seek information on grave sites, Chicago Tribune, July 12, 2009

A Day of Searching, Anger and Renewed Grief in a Desecrated Illinois Cemetery, The New York Times, July 10, 2009

First lawsuit filed against Burr Oak cemetery, Chicago Breaking News, July 10, 2009

Related Web Resources:
Burr Oak Cemetery, Graveyards.com

Cook County Sheriff's Office

According to the Chicago Tribune, Dr. Nicholas Caro, a Chicago eye doctor, has been sued for Illinois medical malpractice in Cook County nearly 50 times since the early 90's—29 of the Chicago personal injury complaints were filed within the last 10 years. Yet he is still allowed to practice medicine in the state. This, even though Illinois’s chief medical prosecutor recommended over a year ago that the state suspend or revoke Caro’s medical license or discipline him in another manner.

To date, no disciplinary measures have been taken against Caro, who still performs eye operations on patients. In the last 25 years, the ophthalmologist has performed about 25,000 eye procedures. Caro says that because he is a high-volume surgeon and we live in a litigious society, it is inevitable that some patients will sue him for medical malpractice.

The Ophthalmic Mutual Insurance Company, however, says that about 75% of eye specialists that have been practicing for at least 25 years have had no more than three medical malpractice cases filed against them. The Chicago Tribune says that when it checked the medical records of more than 12 other Chicago Lasik doctors, none of them had been named as defendants in more than 12 lawsuits.

The state’s division of professional regulation has been criticized for being too slow when it comes to dealing with doctors that have been called dangerous or incompetent. Monitoring deficiencies, inadequate staffing, and poor disciplinary measures are some of the problems cited in the Illinois auditor general’s 2006 report about the division.

The outcomes of a few of the Chicago medical malpractice cases against Caro:

An Illinois jury awarded Nicholas Pucek over $800,000 for his botched Lasik procedure. Within a six week-period following the surgery, he sought medical attention over a dozen times to treat medical complications. Pucek eventually had to get a cornea transplant.

Karen Thiel’s botched eye surgery left her with eye infections, permanent pain loss, and vision problems. She also had to retire early because it became hard for her to do her clerical job. A jury awarded her $500,000.

61-year-old Joseph Smith says that because Caro botched his Chicago Lasik surgery, he has an irregular, scarred cornea. He also had to undergo lens implantation and removal. He filed his Chicago lasik malpractice lawsuit last year.

Lasik Surgeries
Lasik surgery is supposed to correct a person’s vision. Yet, according to Surgical Eyes Foundation, 3% of Lasik patients—30,000 patients in 2001—will experience lasting side effects that could actually impair their vision, affect their ability to engage in ordinary activities, or cause serious eye injuries.

Lasik lawsuits: Disciplinary proceedings lag against Chicago doctor, Chicago Tribune, July 8, 2009

LASIK Risks, Complications, Side Effects, Problems, LasikComplications

Related Web Resources:
St. George Corrective Vision Center

The Dangers Of Laser Surgery, CBS News, June 4, 2002

In Illinois, Noel Mabe named Dr. Vidya Deshpande, Dr. Yogendra Shah, Dr. Stephen C. Arny, and the Medical Diagnostic Laboratory in her civil complaint over her mother’s wrongful death. Eutha Ochoa died of invasive cervical cancer on January 23, 2008. Mabe contends that her mother’s life may have been saved if doctors had diagnosed her cancer sooner. Her 11-count civil suit alleging medical malpractice is seeking over $324,421.56.

Mabe is accusing Shah of failing to provide the proper history to accompany the Pap smear specimen and neglecting to obtain a repeat Pap smear in a timely manner. She contends that the Medical Diagnostic Laboratory failed to take into consideration previous cervical pathology when reviewing her mother’s Pap smear.

Deshpande and Arny are respondents in discovery. Mabe has six months to present evidence against the two doctors to name them as Illinois wrongful death defendants.

Mabe says that before she died, Eutha Ochoa experienced severe pain and suffering, emotional distress, and mental trauma. Her illness resulted in medical costs as well as more than $8,000 in burial and funeral expenses.

Cervical Cancer
Cervical cancer takes time to develop, which means that it can be treated if detected early. It often starts as dysplasia, a precancerous condition that can be identified with a simple pap smear—that is, of course, unless a pap smear is misread and a doctor fails to diagnose the early stages of cancer.

Early signs of cervical cancer:
• Abnormal vaginal bleeding
• Bleeding after intercourse
• Bleeding after menopause
• Heavy, unusually lengthy periods
• Ongoing vaginal discharge

The sooner that cervical cancer is detected, the easier it is to treat and the less invasive the necessary procedures to treat this condition. It is the delayed diagnosis of cervical cancer that can cause a patient to have to endure more painful and invasive procedures, such as radiation therapy, chemotherapy, and hysterectomies. Delayed diagnosis or misdiagnosing or failure to diagnose cervical cancer can lead to a decreased chance of recovery and may even lead to death.

Cervical cancer not timely diagnosed, daughter claims, The Record, July 6, 2009

Facts About Cervical Cancer, Illinois Department of Public Health

Related Web Resources:
Cervical Cancer, National Cancer Institute

Cervical Cancer Diagnosis, WrongDiagnosis.com

10 years after an infamous hazing incident that occurred at Stevenson High School in Lincolnshire, the hazing victim, Stamatios Shinas, is suing the school, a number of high school football coaches, and four former teammates for Chicago personal injury.

Shinas, now 25, says the emotional pain and psychological trauma from the 1999 hazing incident continue to haunt him and he still sees a therapist because of what happened. He says he has trust issues.

Shinas was a sophomore when he made the football varsity team. He says that team members told him that the hazing was an initiation process that all varsity members had to go through. He says he was sexually abused and hazed three times and that teammates physically abused him, sodomizing him with a broomstick and a banana.

In his Cook County Circuit Court personal injury lawsuit, Shinas is suing the Lincolnshire high school, 1999 varsity coaches Bob Mackey, Craig Sincora, Lee Jonathan, Paul Swan, Mike Warren, Mike Fitzgerald, and Bill Mitz, and former football teammates David Davis, Blake Coley, Tiquion Clay, and Alex Holden. The 25-year-old plaintiff says the coaches knew that hazing was taking place but they did nothing to prevent the incidents.

Following the 1999 hazing incident, all four of his former teammates pleaded guilty to misdemeanor charges in Lake County. While Holden pleaded guilty to four counts of disorderly conduct, Clay pleaded guilty to one count. Clay and Holden were fined $100 and were ordered to write an essay about respecting students and serve community service. Although Cooley and Davis were charged with battery, they ended up pleading guilty to disorderly conduct.

Shinas says he waited until now to file his Chicago hazing lawsuit because his two brothers were at the high school and he wanted to wait until they graduated. Shinas says he wants to make sure that other athletes are not subject to the hazing that happened to him.

“Hazing”
Hazing is the term used to refer to an activity a person must go through to join a group. Hazing occurs more commonly in college environments, but hazing rituals have been known to occur among other groups. The Web Site StopHazing.org reports that certain high school teams have been known “initiate” team members with “brutal” activities. While often intended as “tradition” that is in “in good fun,” hazing has been known to cause serious personal injury and wrongful death.

Former athlete suing high school for hazing, ABC 7 Local, June 29, 2009

Ex-prep football player sues over 1999 hazing, Chicago Sun-Times, June 30, 2009

StopHazing.org

Related Web Resources:
Inside Hazing

Hazing underrecognized as cause of serious injury, says MGH physician, Bio-Medicine