Chicago Injury Attorney Blog

Erica Karbowiak is seeking over $100,000 in Illinois personal injury damages from Allen W. Vogt. Karbowiak claims that her face was mangled Vogt’s St. Bernard on May 2, 2009.

According to her Illinois dog attack lawsuit, the dog, named Bandit, attacked her as she was walking in Belleville, causing her to sustain serious and permanent facial injuries and disfigurement. Karbowiak says that because of her dog mauling injuries, she has experienced pain and suffering, lost her ability to enjoy life, and has had to undergo numerous medical procedures to repair the scars on her face. She also experiences great mental anguish because of her facial scars. The plaintiff is accusing Vogt of negligence for failing to keep his dog properly restrained in a closed area.

Dog bite injuries can be extremely serious and, in addition to causing pain and suffering, can prove traumatic if the victim is she is left disfigured or with scars. Depending on the severity of the dog attack injury, internal injuries can result. If the dog bite victim is very young, he/she may have to wait several years before undergoing certain corrective procedures, which can lead to self-esteem issues and social difficulties that can impact the him/her for life.

Dog Bite Prevention Week
This year, May 16 – 22 marked Dog Bite Prevention Week. The annual public service campaign is designed to provide safety tips and remind pet owners that they have a responsibility to prevent dog attack from happening. Depending on the circumstances of the case, negligent dog owners can be sued for Chicago personal injury.

Steps a pet owner can take to minimize the chances that his/her dog will bite someone:

• Spay or neuter your dog.
• Train your pet.
• Socialize your dog.
• Make sure that your dog is appropriately restrained.
• Make sure that your dog knows how to behave around people and other animals.

St. Bernard mangles woman's face, suit claims, The Record, May 26, 2010

Related Web Resources:
National Dog Bite Prevention Week, CDC

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness. Chapter 510. Animals. Act 5. Animal Control Act. 5/13. Dog or other animal bites; observation of animal, Animal Legal and Historical Center

Continue reading "Illinois Dog Bite Lawsuit: Woman Sues Pet Owner For Facial Injuries" »

Ronald Bell is suing Cpl. James Mandarino and the village of Streamwood for Illinois police brutality. Bell was beaten by Cpl. James Mandarino last March. The assault was recorded on a squad-car dashboard video.

Also named as a plaintiff in the Streamwood police brutality complaint is Glendale Heights resident Nolan Stalbaum, Bell’s brother, Stacey Bell, and sister-in-law, Sheila Bell. Stalbaum, 38, was with Bell that night, and he was Tasered by Mandarino. The incident took place in the Bells’ driveway.

According to the Cook County brutality lawsuit, Mandarino apprehended Bell and Stalbaum on March 28. The police officer had reportedly been following them because he had heard squealing tires.

Footage shows the police veteran exiting the vehicle, pointing the gun at the Bell, and assaulting both men even though neither of them attempted to resist arrest. Mandarino allegedly beat Bell about 15 times with a baton, striking his neck, face, shoulders, and arms. He also shocked Stalbaum twice with a stun gun. The two men were hospitalized for their injuries. While they were charged with resisting arrest (there is no evidence of this on the video) and Bell was also charged with DUI and reckless driving, all charges against them have since been dropped.

The 10-count federal lawsuit also names other Streamwood officers as defendants. They are accused of false arrest, failure to intervene, imprisonment, conspiracy, malicious prosecution, denial of medical attention, and intentional infliction of emotional harm following the police assault incident.

The Cook County state’s attorney has charged Mandarino with official misconduct and aggravated battery. He was placed on paid administrative leave last month. A grand jury indicted him last week. Bell and Stalbaum are seeking compensatory and punitive damages.

Streamwood cop charged with beating driver in traffic stop, The Daily Herald, May 28, 2010

Alleged witness describes cop beating victim, ABCLocal, April 16, 2010

Related Web Resources:

Police Brutality and Misconduct, New York Times

Village of Streamwood

The family of Chris Gaston has settled their Illinois wrongful death against the city of Danville. Of the $700,000 settlement, $100,000 each will go to Gaston’s father Charles Gaston Jr., his mother, Carol Barfel, and his two sister, Mariah and Monica Gaston.

Gaston died in the Walnut Street parking garage stairwell on April 4, 2006. The then-17-year-old was found dead at the bottom of the stairwell. His cause of death was head trauma after the stairwell collapsed while he was on it.

If you or someone you love was injured on another party’s premise, you may have grounds for filing a Chicago, Illinois wrongful death lawsuit against the property owner.

Parking garages can be the site of violent crimes, car accidents, sexual assaults, theft crimes, or other personal injuries. Parking garage owners know this, which is why they must make sure that any dangers are repaired or removed and there is adequate security and appropriate lighting. In the Vermillion County wrongful death lawsuit against the city of Danville, the family claimed that the city either knew or should have known that the stairwell needed to be replaced or repaired.

Three years before Gaston died, McClintock Civil Engineering Service had inspected the stairwell. The company told the city of Danville that “pack rust” was beginning to accumulate on the stairway, which was beginning to fail. The engineer also said that the stairwell was springy, lacked a connection at its base, and could collapse under occupant load. The report found that replacing the stairwell wasn't necessary. The city of Danville paid for repairs.

McClintock Civil Engineering Service and Schomburg and Schomburg, which made the repairs to the stairwell. These two defendants have already settled their wrongful death cases with the Gaston family.

Lawsuit over death in city garage settlement: $700,000, The News-Gazette, May 7, 2010

Settlement numbers approved by judge, Commercial-News, May 7, 2010

Related Web Resource:
City of Gaston

Premises Liability, Justia

According to a report published in the May 19 issue of the Journal of the American Medical Association, people with traumatic brain injuries have an eight times greater risk of suffering from major depression. Unfortunately, less than 50% of depressed TBI patients receive any treatment for their depression within the first year.

Some 559 TBI patients took part in the yearlong study. Most of the participants were males who were hurt in motor vehicle crashes.

About 53% of those who took part in the study suffered from severe depression during the first year after sustaining a TBI. A significant number of those who were depressed were suffering from “new” major depression, which means that they weren’t depressed until after they sustained their TBIs.

Signs of depression include:

• Problems concentrating
• Low energy
• Guilt
• Low mood
• Sense of worthlessness
• Slowing down
• Restlessness
• Thoughts of death

Major depression has been linked to decreased quality of life, poorer self-reported health, and greater anxiety. Depressed TBI patients were more likely to experience pain, mobility problems, difficulties participating in daily activities, and at grater risk of attempting to commit suicide.

According to CNN.com, University of Washington School of Medicine professor Charles Bombardier says that a TBI can change the brain structure, which may make a brain injury patient more predisposed to suffering from depression. This greater risk of depression can hang over a TBI patient for up to 30 years after sustaining the brain injury.

Chicago Traumatic Brain Injury Cases
Our Chicago traumatic brain injury lawyers are aware of the major hurdles that TBI patients must deal with on the long road to recovery. Living with and/or treating a TBI can be very costly, which is why it is important that all negligent parties are held liabe for causing your Illinois TBI.

Major depression common after brain injury: study, Reuters, May 19, 2010

More often than not, brain injuries lead to depression, CNN Health, May 18, 2010

Related Web Resources:
JAMA

Continue reading "Traumatic Brain Injury Can Make Survivors Eight Times More Likely to Suffer from Depression" »

A man who claims that he got hurt after falling on “Fake cobblestones” on the North Side while crossing the set of the movie “Public Enemies” is suing NBC Universal for Chicago personal injury. John McManus says that the fall accident occurred on May 25, 2008.

In his Cook County injury complaint, McManus says that while crossing North Lincoln Avenue at Halstead Street, his foot sank into a fake cobblestone street cover and got stuck under an artificial trolley rail, which caused him to fall.

Film crews had placed the face cobblestones and rail on the actual street to make it look as if the movie was taking place in the 1930’s. According to McManus’s Chicago, Illinois personal injury lawsuit, the defendant and its subsidiaries let pedestrians walk on the fake surface, which the plaintiff contends was unstable, and did not notify him that the artificial surface posed a possible fall hazard.

McManus is seeking over $50,000 plus costs.

Chicago Premises Liability
If there is a trip and fall, slip and fall, or step and fall hazard on the ground, it is the responsibility of those responsible for the property to either remove the hazard or put up a warning so that people can avoid getting involved in a Chicago slip and fall accident. This type of accident can be very painful and the injuries can be debilitating and severe. In addition to broken bones and hip injuries—depending on the specifics of the Chicago premises liability accident—slip/trip/step and fall victims have been known to sustain traumatic brain injuries and serious back injuries.

Suit: Man fell on 'fake cobblestone' at 'Public Enemies' set, WBBM, May 20, 2010

Related Web Resources:
NBC Universal

Slip and Fall, Justia

Vivian Thompson is seeking over $50,000 in Illinois slip and fall compensation from Urban Brands Inc. (doing business as Ashley Stewart). The plaintiff claims that she was walking to the fitting room to try on clothing when she slipped and fell on liquid that was on the ground and injured her right side, back, and right knee.

She contends that the defendant neglected to properly maintain and routinely inspect customer walkways, failed to clean up the foreign liquid that was on the ground, neglected to put up a warning sign that there was a slippery substance on the ground, and did not warn Thompson that there was a hazardous condition on the premise. In addition to her physical injuries, Thompson says that she experienced great mental anguish and physical pain and incurred medical expenses.

Chicago, Illinois Slip and Fall Accidents
Injuries sustained during slip and fall accidents can be extremely painful and debilitating. Many Chicago slip and fall accidents could have been prevented if only the premise owner had cleared up the slippery substance on the ground or put up a warning sign to let people know that they should be careful when walking on the wet or slick surface.

Some common causes of slip and fall accidents:
• Accumulated ice on the ground
• Water or other liquids left on the ground
• Newly washed floors that haven’t fully dried
• Uneven stairs
• Uneven or cracked concrete
• Holes on the ground
• Loose (or lack of handrails)
• Poorly lit parking lots
• Loose carpet

Woman injured on way to fitting room, suit claims, The Record, May 17, 2010

Related Web Resource:
Slip and Fall, Nolo

Rene Douglas, a former jockey, is suing Arlington Park, its parent company Churchill Downs Inc., Keeneland Association, and Martin Collins Surfaces and Footings for the catastrophic injuries he sustained during an accident at the horseracing track. Douglas, 43, is now paralyzed.

The tragic Cook County personal injury accident happened on May 23, 2009 when Douglas’s mount, Born to Be, was clipped by another horse, Sky Mom, during a race. Sky Mom’s rider, James Theriot, was suspended for 30 days following the accident.

In his Arlington Heights, Illinois injury complaint, Douglas and his wife Natalia are claiming that the surface of the track had ruts and was “uneven” and these deficiencies contributed to the catastrophic horse racing accident. The couple is claiming that negligence was involved in the installation and maintenance of the Polytrack. Martin Collins is the manufacturer of the artificial track surface.

The couple is seeking over $50,000 in damages. Prior to the accident, Douglas was the top jockey at the racetrack for six out of the last eight seasons. He was the leading winner when he got hurt.

Also last week, Arlington Park track worker Edward Seely filed his Cook County injury lawsuit against the same defendants over work injuries he sustained during a fall accident in May 2008. Seely, who trained and exercised race horses at the racetrack, claims that his work accident occurred because the track surface was “filled with ruts” and “uneven.”

Paralyzed jockey sues Arlington Park over injury, The Daily Herald, May 11, 2010

Douglas Files Suit Over 2009 Accident, Bloodhorse.com, May 14, 2010

Related Web Resources:

Arlington Park

Spinal Cord Injuries, Medline Plus

Continue reading "Former Jockey Files Cook County Personal Injury Lawsuit Over Arlington Park Horse Racing Accident that Left Him Paralyzed" »

The Chicago City Council has approved a $16.5 million settlement for a federal civil rights lawsuit accusing the Chicago Police Department of abusive acts. The city of Chicago will pay $15 million of the settlement, and an insurer will cover the rest.

The plaintiffs, who filed their Chicago police brutality lawsuit in 2004, contended that they had been the victims of an "institutionalized system of police torture.” Among the police abuse acts that they say they were subjected to: not being given enough water or food, insufficient bathroom breaks, being chained to a metal bench or wall, and no proper bedding when detained in lockup overnight. The Chicago police brutality lawsuit likened these methods to the "soft torture" tactics used outside the US to elicit involuntary confessions from suspects.

The plaintiffs had originally sought $100 million. Now over 500,000 people may be eligible to receive compensation. Cash awards will depend on how many people apply for awards and the specifics of each of their police abuse incidents.

Up to 12,000 people who were arrested without warrants between March 15, 1999 and Feb. 10, 2008 and not given probable cause hearings within 48 hours may be entitled to compensation. Up to 2,000 people who were placed in interview rooms without a pad or mattress between October 21, 2001 and March 10, 2010 also could be eligible. Approximately 50,000 people who were held in lockups through the night without bedding to sleep on between October 21, 2001 and March 10, 2010 may be entitled to $90 each.

In the wake of this Chicago, Illinois police brutality complaint, the Cook County Circuit Court put in place a “duty judge” to make sure that probable cause hearings occur within 48 hours. Also, people held in interview rooms or in lockup overnight must now be provided with a padded mat, and anyone who is detained must be allowed adequate bathroom brakes and given enough meals.

City Council moves to settle police mistreatment lawsuit, Chicago Tribune, May 10, 2010

Illinois: Chicago Reaches Deal in Lawsuit Claiming Police Abuse, The New York Times, May 12, 2010

Related Web Resources:
Chicago Police Department

Civil Rights, Police Brutality, Positive Universe

Continue reading "Chicago to Settle Police Torture Lawsuit for $16.5 Million " »

A 35-year-old man who was shoplifting at a Little Village CVS on Saturday morning has died. Anthony Kyser was strangled by a store employee who was trying to restrain him. The unemployed barber had just run out of the store after stealing tubes of toothpaste when he was apprehended by the CVS worker and held in a chokehold.

According to witnesses, the worker held Kyser in this manner for what seemed like several minutes, even as he cried out that he couldn’t breathe. Three other men were also restraining him. An off-duty correctional officer reportedly was at the scene. There have been conflicting reports on whether she drew her weapon or tried to get the people apprehending Kyser to loosen their hold on him.

The medical examiner has ruled Kyser's death a homicide. However, Chicago police don’t intend to file criminal charges against the worker who strangled Kyser. They say the death was accidental.

Kyser’s family is upset that the employee won’t be held accountable in criminal court for strangling their loved one, who was pronounced dead after arriving at Mount Sinai Hospital. They are saying that Kyser was murdered.

During the first four months of this year, there have been 15 reported thefts in the block of South Pulaski where this particular CVS is located. Witnesses say that they have seen other CVS workers tackle shoplifters in the past.

Chicago Wrongful Death
Even if your loved one’s death was accidental, you still may be able to pursue a civil complaint against the responsible party for any negligent actions that contributed to your family member’s passing. Excessive use of force, inadequate training, inadequate security, hazardous conditions, recklessness, and failure to fulfill a duty of care are just some of the reasons why someone might sue a responsible party for the Chicago wrongful death of a relative.

Shoplifter dies from worker's chokehold, Chicago Sun-Times, May 10, 2010

Shoplifter Dies From Worker's Chokehold, Cops Say There Won't Be Charges, The Huffington Post, May 10, 2010

Related Web Resources:
A Reflection on Shoplifting Apprehension Policies, Shoplifting.com

CVS/Pharmacy

Continue reading "Shoplifter at Little Village CVS Store Dies From Employee’s Chokehold" »

A pizza deliveryman who was beaten in an Evanston Complex after delivering two pizzas is suing his attackers for his Chicago personal injuries. Stephen Walker is seeking over $50,000 for his physical injuries, including contusions, scarring, bruising, and emotional distress.

The assault took place on June 2, 2009 as Walker was walking back to his 2003 Kia Optima. He was attacked in the condo courtyard by Christopher Norton and Carletus Jackson. After the beating, the two men searched him for money. The three of them then headed for Walker’s vehicle.

Norton and Jackson drove off in the car, but not before kicking Walker, who was holding onto the car, out of the vehicle and trying to crush him between parked autos.

Police chased the two men. During the police pursuit, the Kia struck a number of autos before striking into a tree and catching fire. Norton and Jackson later pleaded guilty to robbery and vehicular hijacking charges and were sentenced to six years in prison.

Walker was an architect who had been laid off from his job when he started working for Papa John’s. Following his assault, residents at the condo raised money to replace his car, which was totaled following the police chase.

Now, the plaintiff is seeking compensatory and punitive damages from his attackers.

Chicago Personal Injury Lawsuits Over Violent Crimes
Those that commit violent crimes that cause serious injuries to others can be held liable in both criminal court and civil court. A Chicago injury lawsuit can allow the victim to hold an assailant financially liable for any harm suffered.

Pizza deliveryman claims men beat him in Evanston, Chicago Sun-Times, April 28, 2010

Pizza man sues his attackers, Chicago Breaking News, April 10, 2010

Pizza attack: After assault on pizza deliverer, neighborly deed reaps donations from across the globe, Chicago Tribune, June 9, 2010

Related Web Resources:
Injury and Accident Law Overview, Justia

Damages, Cornell Law School

Good news for motorcycle riders. The annual fatality count for motorcyclist deaths has finally started to go down. After increasing steadily for years to hit a record 5,290 fatalities in 2008, the number of deaths dropped last year to about 4,762. This information and more can be found in a recent Governors Highway Safety Association Report, which also says that compared to the first nine months of 2008, the number of deadly crashes dropped almost 16% during the same time period for 2009.

While there is no explanation for the decline in motorcyclist deaths, the state of the economy and decline in motorcycle sales may have resulted in less inexperienced riders getting on roads. State safety officials have also been working hard to remind motorists and motorcyclists to watch out for each other.

While the figures compiled from the GHSA are projections, that’s an estimated 10% drop in rider deaths. That said, the GHSA is reporting a slight increase in the number of Illinois motorcycle deaths from 110 rider fatalities in 2008 to 113 in 2009. However, the Illinois Department of Transportation is reporting the opposite, citing a slight decrease from 135 Illinois motorcycle fatalities in 2008 to 130 deaths in 2009. In the Chicago area, which is comprised of six counties, the IDOT is reporting 48 Chicago motorcycle accident deaths in 2009. The department reported 57 rider fatalities in 2008.

Please contact our Chicago, Illinois motorcycle accident lawyers to request your free consultation. Unfortunately, motorcyclists are at greater risk of catastrophic injuries and death than other motorists anytime they are involved in a traffic crash. It is important that you are represented by a Chicago motorcycle crash law firm that knows how to obtain the maximum recovery possible from all liable parties.

Motorcycle deaths off as economy cools sales, Chicago Sun-Times, April 23, 2010

Motorcycle deaths unaccountably plunge after long rise, Washington Post, April 22, 2010

Motorcyclist Traffic Fatalities by State, 2009 Preliminary Data, GHSA (PDF)

Related Web Resources:
Motorcycle Crashes, Insurance Information Institute

Motorcycle Accidents, Nolo

The family of Michael Phipps is suing the owners of the Mobil gas station in the 7600 block of South State Street for Chicago wrongful death. Phipps, 25, was fatally shot on April 26, 2008 while at the gas station.

According to the complaint, the owners of the all-night gas station should have remedied its problem of inadequate security. Prior to Phipp’s murder, the gas station had been the site of other violent crimes, including battery, robbery, theft, and burglary.

The men charged with Phipp’s murder, Jamar Jackson and Darryl Evans, had reportedly been hanging around the gas station that night. The two of them, along with Exxon Mobile Corporation, The Mobil Corporation, and Bill and Sue Nemeh, doing business as S & J Mobil, are the defendants named in the Chicago, Illinois wrongful death complaint, which seeks at least $50,000.

Cook County Premises Liability
A property owner can be sued for premises liability if their failure to provide the proper security on the premise causes someone to become the victim of a violent crime. The property owner does not have to been directly involved in the criminal incident to be held liable. Unfortunately, inadequate security that allowed a crime to happen is a common cause of personal injury and wrongful death.

In another Cook County premises liability complaint, a doctor is suing Resurrection Health Care Corporation for her personal injuries. The plaintiff was violently attacked by Marquis Allen last June at the Lake View medical facility where she worked.

Allen, who had taken a 13-inch-long knife from a kitchen in the building, attempted to sexually assault the doctor, who fought back, taking the knife and slashing his neck and hand. The victim sustained a stab wound to her thigh and had to undergo stitches. Allen also is accused of striking her on the face and head. He has been criminally charged in her attack. The doctor is claiming that the defendant provided inadequate security on the premise.

Doctor attacked at medical facility sues owners, Chicago Breaking News, April 27, 2010

Suit filed in killing during gas station robbery, Chicago Breaking News, April 26, 2010

Related Web Resources:

Inadequate Security, Justia

Proving Fault in Accidents on Dangerous or Defective Property, Nolo