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.

November 22, 2010

$2.133 Million Cook County Wrongful Death Verdict Holds City of Chicago Liable for Alleged Botched Handling of Domestic Violence Incident

After approximately 10 hours, a Cook County jury awarded the estate of Henry Fenton $2.133 million for his Chicago wrongful death. Fenton was beaten with a claw hammer and stabbed by the Rovale Brim, the son of his girlfriend Valerie Brim, on March 4, 2002. The civil lawsuit was filed against the city of Chicago over the Chicago police’s alleged failure to properly handle the domestic violence calls that occurred right before the fatal altercation.

According to a release by the wrongful death law firm that represented Fenton's estate, the 56-year-old man, who was living with Valerie at the time, reportedly contacted police at around 1:30 am to report a domestic violence incident at their residence. Two officers arrived arrived at the scene. They stayed for about 15-20 minutes before leaving.

Fenton called police about 30 minutes later to report another domestic violence altercation with Rovale. The same two cops returned and they escorted Rovale to the sidewalk. The officers left the scene after Rovale began walking away from Fenton's home.

Within six minutes, Rovale returned to Fenton's residence and tried to break in. Fenton contacted police a third time but Rovale stabbed and clubbed him before they arrived. Fenton, who sustained fatal head injuries, died soon after. Rovale was later convicted of second-degree murder.

The Illinois wrongful death verdict awards the estate $1,425,000 for Fenton’s Chicago wrongful death and $708,000 for the seconds of conscious pain and suffering he experienced right before then.

Illinois Domestic Violence Act
Under the Illinois Domestic Violence Act, police officers are supposed to use all reasonable means to stop further abuse when dealing with domestic disturbance incidents. This includes arresting a suspected abuser and making a police report when a bonafide allegation of domestic violence has been made.

$2M Awarded In Wrongful Death Suit Against Police, CBS Local, November 18, 2010


Related Web Resources:
Illinois Domestic Violence Act (PDF)

Chicago Police, City of Chicago

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November 18, 2010

Hooters Restaurant Sued for Chicago Personal Injury Over Alleged Excessive Use of Force by Security Guard

A woman who was convicted of battery over a fight at a Hooters restaurant in Oak Lawn, Illinois is now suing the restaurant for Chicago personal injury. Livier Torres is claiming that she was the one who was assaulted.

Torres, who is serving a 200-day sentence for her conviction, says that on January 10, claims that she was the victim of excessive use of force by an off-duty Cicero police officer that was working as a security guard.

Torres claims that the incident occurred after she disputed her restaurant bill. Instead of bringing over the restaurant manager as she requested, a waitress summoned Joseph Schmidt, the guard. He is also a defendant in Torres' Chicago injury case.

In her Chicago injury complaint, Torres contends that Schmidt started harassing her and then “grabbed, choked..,” seized her by the hair, and threw her to the ground. She also claims that he kept stomping on and kicking her while she was down. There is video footage showing patrons coming forward to try and break up the dispute.

According to a police report, Torres was the one who instigated the disagreement by spitting on Schmidt. Torres was eventually convicted of misdemeanor battery. Also named as a defendant in her Cook County injury lawsuit is the Village of Oak Lawn for employing Schmidt.

Chicago Personal Injury
If you or someone you love was injured because of someone else’s negligence, you may have grounds for a Chicago, Illinois personal injury case. In Illinois, you have two years from the date of an accident to file an injury lawsuit. This means that the sooner after an injury accident that you begin exploring your legal options, the better. You may be entitled to compensation for medical bills, pain and suffering, lost wages, disfigurement, emotional trauma, physical disability, property damage, and/or mental disability.

Woman claims beating at Hooters restaurant, Chicago Breaking News, November 18, 2010

Suit: Hooters security attacked woman who disputed bill, Sun-Times, November 18, 2010


Related Web Resources:
Settling your Personal Injury Claim FAQ, Nolo

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November 9, 2010

$11.5 M DuPage County Medical Malpractice Lawsuit Awarded to Bolingbrook Woman for Her Injuries and Death of Her Unborn Baby

Sabine Miller, has been awarded $11.5 million for DuPage County medical malpractice. The 30-year-old woman lost her unborn baby and her small intestine after she was treated at Edward Hospital on November 30, 2004.

Miller, who was 14 weeks pregnant at the time, was admitted to the Naperville hospital for abdominal pains. Her DuPage County personal injury attorney contends while Miller was at the postpartum unit, nurses were negligent because they failed to monitor not just her condition but also that of her unborn baby.

Miller reportedly told hospital staff that when she was 4, she suffered a twisted intestine. Yet it wasn’t until several hours later and after she fell unconscious that hospital staff transferred her to the ICU. By this time, the baby was dead and her small intestine could not be saved.

Miller later received a small intestine transplant at a Chicago hospital. However, she will likely face serious medical challenges for as long as she lives. She also now has to consider other options aside from natural childbirth.

Illinois Medical Malpractice
Negligent medical care can cause serious injuries to a patient. Examples of medical errors that can hurt or even kill a patient:

• Anesthesia errors
• Birthing malpractice
• Negligent nursing care
• Failure to diagnose
• Wrong diagnosis
• Delayed diagnosis
• Surgical errors
• Medication mistakes
• Failure to monitor patient’s condition
• Failure to obtain informed consent
• Negligent postoperative care
• Delayed medical care
• Providing patient with the wrong medical care

Just last week, a jury awarded the family of Michelle L. Koenig $1.5 million for her Illinois wrongful death by medical malpractice. The 20-year-old died in 2006 after ER Dr. Timothy Moran, who was working at Provena St. Mary’s Hospital, failed to diagnose her with chicken pox. Two days later she was dead.

$11.5 million awarded to woman who lost unborn baby in negligence lawsuit, Chicago Tribune, October 27, 2010

Kankakee: $1.5 million verdict in 20-year-old's death, The Daily Journal, November 9, 2010


Related Web Resources:

Medical Malpractice Overview, Justia

Edward Hospital and Health Services, Naperville, Illinois

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November 2, 2010

Chicago Slip and Fall: Woman Settles Cook County Injury Lawsuit with Brookfield Zoo

Allecyn Edwards, the woman who fell in 2008 while attending a dolphin show at the Brookfield Zoo, has settled her Chicago injury case. Per court documents, she spent more than $25,000 on medical bills after she hurt herself during the Cook County fall accident.

She sued the Brookfield Zoo last year alleging negligence over the Chicago slip and fall incident. She says the zoo should have made sure that the concrete deck around the dolphin pool was coated so that people wouldn’t get hurt. Edwards claimed that water had eroded the surface of the deck and that the zoo knew (or should have known) this would happen. The Brookfield Zoo, which is run by the Chicago Zoological Society, has since coated the deck.

In other Chicago premises liability news, Jennie Hernandez, the mother of Pedro Suarez III, is suing the Tribune Co. for his injuries to a child. Hernandez claims that on August 11, her son sustained permanent injury and disfigurement when a Chicago Tribune newspaper dispenser on the Southwest Side tipped over and struck him.

Hernandez contends that the newspaper company should have made sure that the dispenser was properly secured and could support its inventory. Mother and son are seeking over $50,000 for Chicago injuries to a minor.

Property owners can be held liable for Chicago personal injury If a hazard on the premise that could have and should have been remedied causes injuries to another. Slip and fall, inadequate security, falling merchandise, defective products on the property, and failure to warn are just some of the reasons why people end up suing a premise owner for damages.

Woman settles lawsuit against Brookfield Zoo, Riverside/Brookfield Landmark, October 26, 2010

Suit: Boy hurt by Tribune newspaper stand, seeks over $50K, Sun-Times, October 25, 2010

Chicago Slip and Fall: Woman Sues Brookfield Zoo Because Splashing Dolphins Wet the Floor, Chicagoinjuryattorneyblog.com, September 2, 2009


Related Web Resources:
Brookfield Zoo, Chicago Zoological Society

Premises Liability, Justia

Premises Liability Blog Posts, Chicagoinjuryattorneyblog.com

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