April 26, 2011

Chicago Wrongful Death Lawsuit Filed in Accident that Landed Amputee in Wheelchair in Lake Michigan

A Chicago wrongful death lawsuit has been filed against James Lacy. He is the man who was pushing 61-year-old Sarah Goenne in a wheelchair outside the Columbia Yacht Club on the night of April 8 when they both fell into Lake Michigan.

Goenne and Lacy, 59, were leaving a party at the club when the two accidentally fell into the water. Rescuers pulled both of them out at DuSable Harbor and they were transported to the hospital. Lacy has survived the incident, but Goenne died several days later.

The Cook County Medical Examiner’s office says that her cause of death was broncho-pneumonia and sepsis. The amputation of her right leg following a car crash and spina bifida were listed as secondary causes of death.

The Chicago wrongful death complaint accuses Lacy of failing to control the wheelchair and not keeping a proper lookout. The plaintiff, Martha Bante, is seeking over $50,000.

Cook County Wrongful Death
A wrongful death claim can be filed when a person dies and someone else was legally at fault. The person “at fault” doesn’t need to have intended to cause or directly cause the victim’s passing. There may be more than one party who should be held liable.

Also, the victim’s family may be able to claim economic damages (medical costs related to the death, funeral/burial/cremation expenses), loss of income/benefits/inheritance, and/or services), non-economic damages (survivors’ pain and suffering, mental anguish, loss of love/society/companionship of the deceased, loss of protection/care/advice/guidance, nurturing/training from the deceased, and/or loss of consortium), and punitive damages.

Man Sued Over Lake Wheelchair Death, MyFoxChicago, April 18, 2011

Family sues wheelchair pusher in Lake Michigan death, ABC Local, April 19, 2011

Related Web Resources:
Wrongful Death Claims, Nolo

Illinois Wrongful Death Act, Illinois General Assembly

More Blog Posts:
Family Files Chicago Wrongful Death Lawsuit Against Chinese Restaurant After 7th Grader Suffers Fatal Peanut Allergy, Chicago Injury Attorney Blog, March 22, 2011

$10M Illinois Wrongful Death Lawsuit Against LeRoy Police Over Delay in Issuing Amber Alert Goes to Federal Court, Chicago Injury Attorney Blog, August 19, 2010

Illinois Wrongful Death Lawsuit Filed in Teacher’s Drowning on the Vermillion River, Chicago Injury Attorney Blog, June 5, 2010

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April 19, 2011

Man Files Skokie, Illinois Trip and Fall Accident Lawsuit Over Broken Hip Injury from Cemetery Accident

James Arthur has filed a Cook County trip and fall lawsuit for injuries he sustained while visiting Memorial Park Cemetery last year. Arthur says he was at a relative’s burial chamber when he tripped and broke hip. He says the Skokie fall accident happened because a cemetery worker turned off the lights “well before closing time.”

Arthur contends that although the mausoleum wasn’t supposed to close for another half hour, and one of his relatives told the cemetery worker that they would leave before then, the latter started shutting down the premise.

In his $100,000 Cook County injury lawsuit, Arthur accuses the cemetery employee of negligence. He says that the cemetery management and Service Corporation International were also negligent for failing to make sure that the cemetery stayed safe during visiting hours.

Trip and Fall
Chicago trip and fall accidents usually involve someone tripping over a raised object on the ground or an uneven surface. This can cause the person to suffer broken bones, cuts or bruises, back injuries, neck injuries, and other painful, debilitating injuries. Property owners are responsible for making sure there are no trip hazards on the premise.

Examples of Other Same-Level Fall Accidents that Can Cause Painful Injuries:
• Slip and fall accidents
• Stump fall accidents
• Step and fall accidents
• Fall accidents involving the victim experiencing “forced rotation,” such as the twisting of an ankle

Chicago Slip/Stump/Step/Trip and fall accidents are not uncommon. The medical costs to treat and recover from this type of Cook County premises liability accident can be high and the victim could be laid up for weeks or even months, which could prevent him/her from going to work. These are just a few reasons why obtaining your Chicago personal injury recovery is so important.

Mourner blames cemetery worker for broken hip, Chicago Tribune, April 14, 2011

Related Web Resources:
Slip and Fall, Nolo

Premises Liability, Justia

More Blog Posts:
Illinois Slip and Fall Lawsuits Filed Over Personal Injuries from Snow and Ice Accumulation, Chicago Injury Attorney Blog, February 21, 2011

Chicago Slip and Fall: Woman Settles Cook County Injury Lawsuit with Brookfield Zoo, Chicago Injury Attorney Blog, November 2, 2011

Target is Sued for Illinois Slip and Fall, Chicago Injury Attorney Blog, July 6, 2010

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April 12, 2011

Chicago Medical Malpractice Lawsuit Seeks Damages Over Newborn’s Fatal Medication Overdose

Fritzie and Cameron Burkett have filed a Chicago wrongful death lawsuit against Lutheran General Hospital. In their Cook County medical malpractice complaint, the couple claims that the hospital’s negligence caused their six-week-old son Genesis to die from a medication overdose.

Genesis, who was born prematurely died after receiving an overdose of sodium. His parents say that he was intravenously given over 60 times the prescribed dose, which caused his heart to stop. They blame a medication mistake on a pharmacy mix-up involving a technician filling an intravenous bag with a dosage much greater than what the doctor had prescribed. Their attorneys say that a sticker on the IV bag showed the amount that was prescribed for the infant but that it concealed the description of the amount that was in the bag.

The hospital has admitted that several medical mistakes happened. A spokesperson for Lutheran General Hospital says that a data entry error occurred in the “formation of the IV solution” and that the prescribed dose was incorrectly inputted into the machine that prepares the IV solutions.

Medication Mistakes
Medication errors, especially ones resulting in the overdose of an infant can prove fatal. Hospitals must ensure that they have the proper procedures and protocols in place so that mix-ups don’t occur.

Some Common Causes of Medication Mistakes:
• Inadequate information about a patient’s medical history
• Miscommunication about medication orders
• Illegible handwriting non-prescriptions
• Exhaustion
• Multitasking
• Inappropriate/confusing labeling or packaging
• Mixing up drugs with similar names or packaging

Medication errors that result in injury or death can be grounds for a Chicago hospital malpractice lawsuit.

Alleged IV overdose kills premature infant, 9News, April 6, 2011

Lutheran General Hospital Sued over Infant’s Fatal Overdose, MyFoxChicago, April 6, 2011

Related Web Resources:
Advocate Health Care

Hospital Medication Errors: Reducing Your Risk, WebMD

More Blog Posts:
Illinois Wrongful Death Complaint Blames Fentanyl Overdose, Medical Malpractice, and Slip and Fall for Husband’s Passing, Chicago Injury Attorney, August 30, 2010

Illinois Wrongful Death Lawsuit Alleges Medical Malpractice and Pharmacy Mistakes, Chicago Injury Attorney Blog, December 23, 2009

Lake County Family Wins More than $9 Million in Illinois Medical Malpractice Case Involving Son’s Wrongful Death, Chicago Injury Attorney Blog, December 18, 2008

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April 8, 2011

Cook County Injury Accident: 3-Year-Old Dolton Boy Dies in Norridge Roller Coaster Accident at Go Bananas

3-year-old Jayson Dansby died on Saturday after he fell off a child roller coaster at the Go Bananas entertainment center in Norridge and was then hit by one of the cars. Dansby and his twin brother were riding the Python Pit roller coaster when Jayson ended up out from under the safety bar and got stuck between two of the cars. He then dropped three or four feet from the roller coaster, which was still moving. He suffered serious head injuries during the Cook County injury accident.

The state has since shut down the roller coaster. While the ride passed government inspection in December, records indicate that it has been involved in two other roller coaster incidents since 2006. One girl bumped her eye while walking away from the ride that year. In 2008, another rider sustained head injuries after the Python Pit became derailed.

Also, according to NBC.com, the family of Destiny Lofton is suing Go Bananas for Cook County injuries to a minor. The 8-year-old girl fractured her wrist while shaking hands with someone in another car. Lofton’s mother, Crystal Malone, says that no one warned her daughter to make sure she kept her hands in the car.

Amusement Park Accidents
Amusement parks can be held liable for Chicago wrongful death or personal injury if someone gets seriously hurt while on a ride. Fall injuries can result in head trauma, spinal cord injuries, broken bones, paralysis, severed limbs, brain hemorrhages, and other serious injuries.

Common causes of amusement park accidents:
• Mechanical failures
• Operator negligence
• Inadequate operator training
• Ride design defects
• Faulty maintenance

Dolton boy dies in freak roller coaster accident, Naperville Sun, April 6, 2011

Girl Injured at Go Bananas Three Years Ago, NBC Chicago, April 4, 2011

Related Web Resources:
Go Bananas


More Blog Posts:
Chicago Injury Lawsuit Involving Boy with Brain Damage After He was Struck by Tree Branch is Settled for $1.55M, Chicago Injury Attorney Blog, February 7, 2011

Mother Sues Chicago Public Schools for Injuries to Minor After Son Breaks Femur While Class was Left Unattended, Chicago Injury Attorney Blog, April 28, 2010

Family of Toddler Reaches $2 Million Lake County, Illinois Wrongful Death Settlement with Day-Care Center, Chicago Injury Attorney Blog, March 13, 2010

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March 30, 2011

Teen Says He Was Victim of Chicago Police Brutality Involving Rogue Cops from SOS Unit

According to the Chicago personal injury lawsuit filed by 19-year-old Jose Fematt, he and his sister were the terrorized by members of the city’s Special Operations Section (SOS), an elite group of cops in charge of investigating guns and drugs, in 2005. That same unit has since disbanded. Its members, who were considered rogue police officers, were later convicted of committing illegal searches, home invasions, and creating trumped up charges.

Fematt, who was 13 at the time of the alleged Chicago police brutality incident, contends that SOS members barged into the family’s apartment room with guns. They then separated the two siblings, handcuffing Fematt so tightly that his wrists became swollen. While still in his pajamas and barefoot, Fematt was then driven around by a cop who interrogated him about a neighbor and drug allegations. She allegedly threatened to throw him in jail if he ever told anyone what had transpired.

When Fematt’s mom came home and discovered the place ransacked, she packed the family up and they left their home for good. Their lawyer is now saying that the family didn’t report the incident because they were scared.

Fematt filed his Chicago police brutality lawsuit last January. Because he was a minor when the break-in happened, the two-year statute of limitations for his Chicago injury case didn’t start running until he turned 18 last year.

Chicago Police Brutality
Unfortunately, Chicago police brutality continues to be a problem. Instances of abusive use of police force may be as extreme as the incident reported in this Chicago Injury Attorney Blog post, or during situations involving cops attempting to quell a protest or arrest someone under suspicion of committing a crime. Unfortunately, this type of excessive use of force can cause serious injuries, both physical and emotional, for victims.

Many people don’t realize that when they’ve become a victim of Chicago police brutality, their rights have been violated and they may have grounds for a Chicago injury case.

New allegations surface against rogue Chicago police officers in SOS unit, Chicago Tribune, March 28, 2011

Former Elite Police Unit Faces New Misconduct Allegations, Chicagoist, March 29, 2011

Related Web Resources:
Scandals Bring Down Chicago's Elite Police Unit, NPR, October 10, 2007

Chicago Police Department

More Blog Posts:
Chicago Police Brutality: Michael Tillman Suing for Alleged Torture by Jon Burge, Chicago Injury Attorney Blog, July 31, 2010

Chicago to Settle Police Torture Lawsuit for $16.5 Million, Chicago Injury Attorney Blog, May 13, 2010

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March 22, 2011

Family Files Chicago Wrongful Death Lawsuit Against Chinese Restaurant After 7th Grader Suffers Fatal Peanut Allergy

Three months after 13-year-old Katelyn Carlson passed away from an allergic reaction to peanuts, her family is suing the Chinese Inn Restaurant for Chicago wrongful death. The restaurant had provided the meal, which contained peanut products, at a party held at Edison Regional Gifted Center in Albany Park last December. According to the 7th grader’s classmates, even though Carlson was experiencing breathing problems during the meal, school officials did not give her epinephrine, which is supposed to relieve allergic reactions.

Per the Cook County wrongful death complaint, the Chicago Public Schools had notified the restaurant about the girl’s peanut allergy and requested that the food served not include any products with peanuts, including sauces and oils. However, lab tests ordered by the Chicago Board of Education showed that the food contained peanut products or peanuts. The medical examiner's office says that Carlson died of anaphylaxis, which is a severe food allergy.

Her family is seeking over $100,000 in Chicago wrongful death damages. They claim that the food was carelessly prepared and that the restaurant failed to warn that certain foods could not be made without peanut products. Also named as a defendant is the restaurant’s owner, Xiang Zhong Mei.

Restaurants can be held liable for food injuries and illnesses resulting from their food. Spoiled foods and foreign objects left in food are among the more common causes of food injuries. Just last week, a man filed a Chicago personal injury lawsuit against Ramada Worldwide because he said he got hurt in 2009 when he bit into a hamburger that contained glass shards while at the hotel chain’s Lake Shore Drive location. Troy Palmer contends that his tooth broke on a “hidden glass fragment.” He is accusing Ramada of negligent food maintenance. Possible liable parties for a food injury lawsuit may include the restaurant, its owner, a food product provider, or others involved in the serving and/or providing of the food item that caused the Chicago injury or death.

Suit: Man bit burger and broke tooth on glass, Chicago Tribune, March 14, 2011

CPS student died from peanuts in Chinese food, suit claims, WLS, March 2011

Niles Restaurant Sued After Allergic Girl Dies From Food, NilesPatch, March 21, 2011

Related Web Resources:
Chicago Public Schools


More Blog Posts:
Chicago Products Liability Lawsuit Seeks More than $600,000 from McDonald’s Over Glass Found in McChicken Sandwich, Chicago Injury Attorney, February 14, 2011

Chicago Area’s Will County Among 22 Illinois Counties Where Subway Restaurants are Reporting Salmonella Outbreaks, Chicago Injury Attorney, June 8, 2010

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March 15, 2011

Cook County Personal Injury Lawsuit Filed Over Child’s 2009 Skokie Fall Accident at Circus Camp

The mother of Eliana Braun is suing the Skokie Park District and Acrofabulous Circus LLC for Cook County injuries to a minor. Linda Braun says her daughter got hurt when she fell from a cloud wing during circus camp at the Middleton School on July 7, 2009 and damaged her teeth. The Brauns are seeking Skokie personal injury compensation.

In their Cook County injury complaint, Linda accuses the defendants of inadequate supervision of the camp. She also contends that they failed to put in place the adequate safety measures to prevent camp participants from getting hurt. Linda notes that floor padding and proper spotting could have better protected Eliana from injury.

Parties charged with supervising minors can be held liable for Chicago personal injury if their negligence, carelessness, recklessness, or inaction allowed an injury accident to happen during their watch. An organized camp setting is definitely an environment where liability can become an issue if a participant were to get hurt. For example, Illinois wrongful death lawsuits were filed by the families of the teenagers that drowned during a boating accident that occurred on the Fox River in November 2008. The plaintiffs blamed the YMCA camp for not warning students that the boats were unusable at the time. Also sued for Illinois wrongful death were North Lawndale College Prep and VisionQuest Association, which organized the youth leadership retreat.

Other injuries that can occur in camp that could be grounds for an injuries to a minor lawsuit or a wrongful death case:

• Sexual assault
• Drowning accidents
• Burn injuries
• Recreational activity-related accidents
• Trip and fall accidents
• Slip and fall accidents
• Swimming injuries
• Boating accidents
• Dehydration
• Severe food poisoning

Lawsuit: Skokie girl hurt in fall during circus camp, Pioneer Local, March 14, 2011

Related Web Resources:
Skokie Park District

Acrofabulous Circus LLC

More Blog Posts:

Second Illinois Wrongful Death Lawsuit Filed in Fox River Drowning Accident Involving Chicago High School Students, Chicago Injury Attorney Blog, January 20, 2009

Mother Sues Chicago Public Schools for Injuries to Minor After Son Breaks Femur While Class was Left Unattended, Chicago Injury Attorney Blog, April 28, 2010

Family of Toddler Reaches $2 Million Lake County, Illinois Wrongful Death Settlement with Day-Care Center, Chicago Injury Attorney Blog, March 13, 2010

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March 8, 2011

Chicago to Pay $3M in Fatal 2003 Police Shooting on a South Side CTA Platform

Eight years after 23-year-old Michael Pleasance was fatally shot by police in a Red Line Station, the Delay Administration will settle the family’s Chicago wrongful death lawsuit for $3 million. A jury had originally awarded the plaintiffs $12.5 million in December 2007. An appellate court overturned the verdict last year. Settling for $3 million prevents a retrial.

Officer Alvin Weems shot Pleasance in the head by on a South Side CTA platform. Although police had said that Pleasance went toward the Chicago cop, who was at the scene to check on a reported fight, in a menacing manner, video footage shows no physical contact between the two before Weems shot his weapon. Pleasance was an innocent bystander in the fight that Weems was there to break up. Many people saw the recording of the shooting on YouTube.

In 2006, Weems admitted that he himself considered the shooting unjustified. He said that he wasn't worried for his life when he fired his weapon but that he didn't mean to shoot Pleasance.

The Illinois Appellate Court threw out the original verdict after finding that the trial jury had been prejudiced by the use of the phrase “willful and wanton” to describe Weems’s behavior. The $3 million may not be as high as the original award but it was the amount that the trial judge recommended.

Unjustified Police Shootings
A police officer that shoots someone without just cause is using excessive force. There are other ways to detain a suspect—especially one that does not pose a deadly threat to the cop or those around. That said, excessive force doesn’t have to involve the use of a gun. Unnecessary physical force, verbal abuse, emotional abuse, and unwarranted use of a Taser are all examples of excessive use of police force that are violations of a victim’s rights and may be grounds for a Chicago police brutality case.

Family of unarmed man fatally shot in face by cop gets $3 million, Chicago Sun-Times, March 4, 2011

City could pay $3 million to settle police shooting of unarmed man on Red Line, Chicago Tribune, March 4, 2011

Related Web Resource:
Chicago Police Department

More Blog Posts:
Cook County Wrongful Death Lawsuit Accuses Des Plaines Police of Excessive Use of Force, Chicago Injury Attorney, January 17, 2011

Man Files Cook County Police Brutality Lawsuit Accusing Riverdale Police of Tasering Him Because He was Too Big to Fit into Police Car, Chicago Injury Attorney, August 16, 2010

Man Files Federal Lawsuit Against Cop and Village of Streamwood Alleging Cook County Police Brutality, Chicago Injury Attorney, May 28, 2010

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February 28, 2011

Recalled Bassinets, Video Baby Monitors, Jogging Strollers, and Cribs a Reminder that Manufacturers Still Not Doing Enough to Prevent Child and Infant Injuries

A number of high profile recalls this month are serving to remind parents and guardians that there may products and furniture items out there that are not safe for kids and babies to use. Our Chicago products liability lawyers want to remind you to explore your legal options right away if you believe that a dangerous or defective product caused Illinois injury to a child.

• Most recently, the US Consumer Product Safety Commission and B.O.B. Trailers Inc. recalled almost 360,000 B.O.B.® single and double strollers because they come with a drawstring that may pose a strangulation hazard if it wraps around a child’s neck. There has been at least one report of his happening. The child was an 11-month-old girl. Fortunately, her mother was able to free her before she suffered injury.

• On February 17, IKEA and the CPSC announced the recall of approximately 20,000 SNIGLAR cribs. Ill-fitting bolts can cause the mattress to detach and collapse. This can create a suffocation and entrapment hazard for a child who might fall into the opening.

• Just the day before, Burlington Basket Company and the CPSC recalled about 500,000 Bassinets that could pose a potential fall hazard. In the event that the cross-bracing rails do not fully lock into position, the bassinets can collapse. There have been 10 reports of such incidents. Two of them resulted in minor injuries.

• On February 11, the CPSC and Summer Infant Inc. recalled approximately 1.7 million video baby monitors following the deaths of two babies from strangulation. The babies died after the monitor’s electrical cords ended up around their necks. The CPSC says to keep these monitors and their cords away from kids’ reach.

Manufactures are responsible for making sure their products are free from design or manufacturing flaws that could make them unsafe for use. Our Chicago injury law firm is dismayed at the number of products that cause injuries to children and babies each year. We are here to make sure families obtain their financial recovery from defective products claims based on strict liability, negligence, or breach of warranty.

Summer Infant Recalls Video Baby Monitors After Two Fatalities, Bloomberg, February 11, 2011

Bassinets recalled for fall hazard, Reuters, February 16, 2011

337,000 B.O.B. jogging strollers recalled, KVUE, February 23, 2011

Related Web Resources:
IKEA Recall Page, IKEA

Products liability law: an overview, Cornell University Law School

More Blog Posts:
Chicago Products Liability Lawsuit Seeks More than $600,000 from McDonald’s Over Glass Found in McChicken Sandwich, Chicago Injury Attorney Blog, February 14, 2011

DePuy Hip Implant Recall May Be Grounds for Chicago Products Liability Lawsuits, Chicago Injury Attorney Blog, January 10, 2011

Parents File Chicago Products Liability Lawsuit Against Baseball Bat Maker Easton-Bell Sports Inc., Chicago Injury Attorney Blog, December 8, 2010

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February 21, 2011

Illinois Slip and Fall Lawsuits Filed Over Personal Injuries from Snow and Ice Accumulation

The wintertime brings another Illinois slip and fall hazard to premises: the accumulation of snow and ice on the ground. Serious injuries can result from slipping and falling on ice or melted snow, which is why property owners must attempt to clear potentially hazardous patches as soon as possible. In Illinois, the ice or snow cited in a slip and fall accident must have been a result of unnatural accumulation for a property owner to be held liable.

Recently, Lori A. Wallace filed an Illinois slip and fall lawsuit seeking damages from the owners of a building in Godfrey. Wallace says she was visiting friends when she fell on an unnatural accumulation of ice on a driveway that was from a broken sewer line. She contends that the premise owners, Glori McGaughey and David McGaughey, not only failed to remove the ice, but also they neglected to warn that it was there. Wallace is also suing the village of Godfrey for failing to repair the sewer line. She is seeking over $100,000 plus costs and other relief. Wallace says she lost income, incurred medical costs, suffered disfigurement and disability, experienced pain and suffering, and was made sick, lame, sore, and disordered.

Meantime, Marilyn Gilmer is also seeking compensatory damages for her Illinois slip and fall injuries that she says she sustained in Fairview Heights in 2009. She says the black ice that she fell on had accumulated in front of a building’s entrance.

At the time of the Illinois slip and fall accident, Gilmer was visiting defendant National Vision. She claims that slipping on the black ice, which had accumulated after melting from the building’s roof and then froze up again during the night, caused her to suffer permanent and significant injuries.

Gilmer is accusing National Vision and building owners Bluma and Phillip Hirsch and America's Best Contacts for failing to use salt to melt the ice, not correcting a design flaw that allows the snow from the roof to melt onto the floor in front of the building entrance, and failing to get rid of the black ice that was an unnatural accumulation.

Proving that the snow or ice that caused your Chicago slip and fall accident can be tough, which is why you must work with a premises liability law firm that knows how to handle this type of injury case.

Godfrey business owner sued over ice accumulation, The Record, February 17, 2011

Refrozen melted snow turned to black ice and slip and fall, The Record, February 15, 2011

Related Web Resource:
Slip and Fall, Nolo

More Chicago Injury Attorney Blog Posts:

Chicago Slip and Fall: Woman Settles Cook County Injury Lawsuit with Brookfield Zoo, Chicago Injury Attorney Blog, November 2, 2010

Target is Sued for Illinois Slip and Fall, Chicago Injury Attorney Blog, July 6, 2010

Shopper Files Illinois Slip and Fall Lawsuit Against Schnuck Markets, Chicago Injury Attorney Blog, June 11, 2011

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February 14, 2011

Chicago Products Liability Lawsuit Seeks More than $600,000 from McDonald’s Over Glass Found in McChicken Sandwich

Vjollca Lecaj is suing McDonald’s for Chicago personal injury. She claims that she got hurt on August 5, 2010 after biting into a McChicken sandwich and chewing on a large shard of class that was in it. She is seeking over $600,000 from the McDonald’s in Oak Lawn, McDonald’s USA, LLC, McDonald’s Corporation, and JDD Investment Company.

In her Chicago products liability complaint, Lecaj says that the restaurant failed to properly inspect the sandwich, as well as the processing and cooking equipment. She says she suffered permanent and severe oral injuries, in addition to experiencing great anguish and pain.

Restaurants can be held liable for personal injury or products liability if a food item that they serve causes injury or death. From contaminated foods to too hot liquids to foreign items in sandwiches and soups, over the years people have claimed damages for injuries, illness, trauma, and death.

There was, of course, the products liability lawsuit against McDonald’s in the 90’s filed by a woman who says that she suffered burns from the hot coffee she bought at the fast food chain burned her. A jury awarded her $2.86 million, although that amount was later reduced. Recently, the parents of a four-year-old boy have filed an injuries to a minor lawsuit against Walt Disney Parks and Resorts over severe burns that they say he sustained from eating very hot nacho cheese. They say that Isaiah Harris experienced pain and suffering and sustained permanent scarring because Disney did not attempt to regulate the temperature of the cheese. His parents are claiming emotional distress and they are asking for compensation for legal and medical bills and punitive damages.

Recently, Rep. Dennis Kucinich settled his food injury lawsuit with Restaurant Associate over an injury he sustained when he bit into a sandwich from the congressional cafeteria. Kucinich says that he split his tooth in half because there was an olive with a pit in his meal. His tooth became infected. He claims that he had to undergo oral surgery and several teeth were replaced.

Last year, in Illinois, plaintiffs filed DuPage County personal injury lawsuits against Subway after its Lombard restaurant served food that exposed people to the Shigella sonnei bacteria. More than 20 Shigella poisoning cases ensued. At least seven people were hospitalized.

Lawsuit: Glass Found In McDonald’s Sandwich, CBS Local, February 10, 2011

Parents sue Disney, say son suffered 'severe burns' from nacho cheese, Orlando Sentinel, February 11, 2011

Ohio: Kucinich Settles Suit Over Olive Pit, The New York Times, January 29, 2011

Related Web Resources:
Products Liability, Justia


More Blog Posts:
Chicago Personal Injury Lawsuits Filed Against McDonald’s and Chipotle Over Food Injuries, Chicago Injury Attorney Blog, September 2, 2010

DuPage County Injury Lawsuits Accuses Lombard Subway Restaurant for Serving Bacteria-Tainted Food, Chicago Injury Attorney Blog, March 29, 2010

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February 7, 2011

Chicago Injury Lawsuit Involving Boy with Brain Damage After He was Struck by Tree Branch is Settled for $1.55M

The family of Jaylen Raggs has settled their Chicago injuries to a minor case with the city for $1.55 million. Raggs, then 4, sustained a depressed skull fracture and other injuries when a fallen tree branch struck him on March 31, 2006. City workers had trimmed the parkway tree.

The tree branch fell because of heavy winds. Raggs, who had to undergo a craniotomy to decrease the swelling of the brain, was hospitalized for two weeks. He received months of occupational and physical therapy.

Now, almost five years after the accident, Raggs, who doctors say sustained brain damage, is still behind in school. His verbal abilities were affected, and he has a slight limp from a permanent left-foot drop.

Raggs’ mother filed the Chicago personal injury case on his behalf. She accused the city of negligence in trimming the tree. An expert she retained said that the city crew should have realized that the branch was weakened or dead.

Falling Tree Branch Injuries
It is a premise owner’s responsibility to make sure that a property is safe so that anyone who is legally allowed to be there does not get hurt. Although it may be hard to believe, falling tree branches that strike a person can cause serious injuries.

For example, in addition the Chicago personal injury accident mentioned above, a 60-year-old woman had to undergo spinal surgery after a tree branch struck her while she was in a state and county park last year. Marcia Anderson suffered fractures to her skull, vertebrae, ribs, and scapula. She also sustained blood in her cavity chest, a collapsed lung, and a subarachnoid hematoma.

Also last year, a 6-month-old baby died in her mother’s arms after a falling tree branch struck her. At the time, baby Gianna Ricciutti and her mother Karla DelGallo were posing for a photograph near the Central Park Zoo. DelGallo was in a coma for weeks following the tragic accident.

City to settle for $1.55 million with boy badly hurt by tree branch, Chicago Sun-TImes, February 8, 2011

Lawsuit likely in San Bruno falling tree branch injury, San Francisco Examiner, December 8, 2010

Parents of Infant Killed by Central Park Tree Branch to File $50M Lawsuit, DNAInfo, October 11, 2011

Related Web Resources:
City of Chicago

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Stories About Chicago Premises Liability:
Hooters Restaurant Sued for Chicago Personal Injury Over Alleged Excessive Use of Force by Security Guard, Chicago Injury Attorney Blog, November 18, 2010

Chicago Slip and Fall: Woman Settles Cook County Injury Lawsuit with Brookfield Zoo, Chicago Injury Attorney Blog, November 2, 2010

Cook County Wrongful Death Lawsuit Filed After Man’s Fatal Dive into Shallow Pool, Chicago Injury Attorney Blog, October 12, 2010

Continue reading "Chicago Injury Lawsuit Involving Boy with Brain Damage After He was Struck by Tree Branch is Settled for $1.55M" »

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