Chicago Injury Attorney Blog

A La Grange high school student is suing Lyons Township High School, a football coach, one of his teammates, School District 204, Principal David Franson, and Superintendent Timothy Kilrea for Cook County personal injury. Daniel Mattucci lost his finger after he was hurt during an off-season weight lifting accident on March 19, 2009. Mattucci’s Illinois injury attorney says doctors were unable to reattach the appendage.

According to Mattucci's Cook County injury lawsuit, his left ring finger was severed after football teammate William Bronec III dropped a 50-pound dumbbell on it. Mattucci claims that Bronec did not follow proper weightlifting procedures and failed to provide warning that he was letting go of the weight.

Mattucci is also accusing Brian Kopecky, a football coach, of failing to seek medical help for him and failing to properly supervise the exercise session. The plaintiff is seeking damages from the school district and the school for not letting paramedics treat him in the weight room. He says that the school made him leave "on his own" so he could "get an ambulance."

Mattucci is seeking over $200,000 in Cook County injury damages.

Schools are responsible for making sure there are no hazards on the school grounds that could cause injury or death to a student. This includes making sure that students are properly supervised in the classroom, on the playground, and during athletic events and other school activities. A school, the school district, and the individuals involved in a school accident can be held liable for personal injury if a student gets hurt.

LT athlete who lost finger files lawsuit, My Suburban Life, January 12, 2010

Lawsuit claims Lyons Township football player's finger was severed during weightlifting, PioneerLocal, December 31, 2009

Related Web Resources:
Types of Personal Injury Damages, Justia

Lyons Township High School

Nearly four years after 21-year-old Christina Eilman sustained a permanent traumatic brain injury after falling from the seventh floor of a public housing building, her family’s $100 million Chicago personal injury lawsuit against the city is scheduled to go to trial in March.

Eilman, who is mentally ill, was taken into police custody after she spent two days at Midway Airport where witnesses say she ranted, made lewd statements, and yelled at people. According to the Chicago Tribune, recent court filings indicate that police officers did not take her to the hospital for a mental health evaluation because a car wasn’t available. Instead, they placed her in lockup. She was in a holding cell for over 24 hours.

Over the phone, Eilman’s parents, who live in California, reportedly told police that their daughter was “probably bipolar." Even though Chicago police policy requires that mentally ill patients who are detained be taken to a hospital for an assessment, the young woman was allegedly yelled at in lockup, told to “shut up,” and called a “white bitch” by black police officers.

Upon her release from jail, police dropped Eilman off in a high-crime neighborhood where she wandered around by herself. She entered a public housing building on federal street where several men propositioned her. In one apartment, convicted felon and gang member Marvin Powell approached her, made sexual taunts and wouldn’t let her leave. He shut the door and allegedly sexually assaulted Eilman, who then fell seven stories and sustained permanent brain damage, shattered her pelvis, and broke several bones. She is impaired for life, will not progress behind her current childlike state, cannot live alone, and will always require ongoing medical care and therapy.

Chicago Personal Injury
The city of Chicago and its police force can be held liable for negligence if the failure to to follow procedures, police brutality, or another type of violation causes injury or death to the victim.

New revelations in woman's ordeal, Chicago Tribune, January 5, 2010

Survivor Of 7-Story Fall Released From Hospital, CBS2Chicago, October 15, 2009

Related Web Resources:
Chicago police department

The Robert Taylor Homes, Bradley.edu

The wife of a Lansing man who sustained a traumatic brain injury when he fell off a golf court is suing Indian Lakes Resort for Illinois personal injury. Sherri Bergfors is seeking damages for her husband’s TBI and her loss of consortium.

Todd R. Bergfors was participating in a golf outing when one of the resort’s employees gave him a ride in a club golf cart. According to the Cook County personal injury complaint, Bergfors was allegedly forced to stand in the area of the cart that is supposed to hold golf clubs. Because the employee allegedly operated the golf cart in a negligent fashion—per the lawsuit, he made a “sharp turn” and drove the cart at an "excessive speed”—Bergfors was injured in a Cook County fall accident when he was thrown from the golf cart.

He now has a TBI. Bergfors’s physicians told a judge in October that their patient was in a coma. His prognosis for recovery is poor.

The couple’s Cook County personal injury complaint also accuses the defendant of improper employee training, failing to warn Bergfors of the dangers associated with standing on the back of a golf cart, and overloading the golf cart that they were using to transport him.

Property owners can be held liable for Cook County, Illinois personal injury if a hazardous condition on a premise that should have or could have been remedied (or should not have existed on the property to begin with) causes the plaintiff to get hurt. Fall accidents can cause serious injuries, such as traumatic brain injuries, spinal cord injuries, broken hips, and dislocated body parts. These kinds of injuries are very painful and costly to treat. Some of them may be permanent. Many Illinois premises liability accidents are avoidable—if only negligence on the liable party's part did not occur.

Man sues resort after fall from golf cart, Chicago Now, November 12, 2009

Woman sues after husband falls off golf cart, My Suburban Life, November 13, 2009

Related Web Resources:
Indian Lakes Resort

UAB study estimates golf cart accidents injure 1,000 people a month, Al.com, June 10, 2008

An Eastern Illinois University student who was riding on the double-decker bus that was involved in the head injury deaths of two men is suing Graywood Foundation, Lincoln Springs Resort, and other parties for personal injury. Michael McKenna, an Eastern student, was riding on the bus when Cameron Chana and Justin Sleezer struck their heads on the Interstate 57 overpass bridge as the bus was driving under it.

The Sleezer and Chana families are suing for Illinois wrongful death. McKenna is suing for his mental injuries. In his Illinois injury complaint, he accuses the bus driver of failing to warn passengers who were on the top level of the bus about certain hazards and neglecting to monitor their behavior while the bus was moving. He is accusing the bus service of failing to properly train its bus drivers. McKenna says the psychological damage he suffered has caused him to suffer physical symptoms. The bus was transporting a group of students back from boating trip in Lake Shelby when the tragic Illinois motor vehicle accident happened in Mattoon.

Bus Accidents
Most buses don’t provide seat belts for passengers to use. This can place the vehicle occupants at risk of serious injury during a bus accident—especially for bus passengers that are riding on the top level of an open double decker bus. It is important that bus companies make sure the proper safety measures are in place to prevent injuries or death.

Earlier this month, the US Department of Transportation presented its Motorcoach Safety Action Plan in an effort to improve motorcoach safety. This is very important considering that some 750 million passengers ride motorcoaches annually.

The National Highway Traffic Safety Administration reports 19 motorcoach occupant deaths a year. This fatality count does not include the pedestrians and occupants of the other vehicles that were killed in traffic crashes with motorcoaches.

Bus Accident Adds Lawsuit to List, November 20, 2009

Illinois Wrongful Death Lawsuit Filed in Fatal Double-Decker Bus Accident, Chicago Injury Attorney, October 20, 2009

U.S. Department of Transportation Releases New Action Plan to Address Motorcoach Safety Issues, NHTSA, November 16, 2009

Related Web Resource:
Read the US Department of Transportation's Motorcoach Safety Action Plan (PDF)

A sweat lodge ceremony that turned deadly has claimed the life of a third participant. Liz Neuman died of Saturday. The 49-year-old was in a coma and suffered multiple organ damage after she and more than 50 other people attended a two-hour ceremony in a 415-foot enclosure at a retreat hosted by author and self-help expert James Arthur Ray. Now, Neuman’s family says they intend to file a wrongful death lawsuit.

The other two people that died are Kirby Brown, 38, and James Shore, 40. The three victims and the other participants had each paid over $9,000 to attend Ray’s 5-day “Spiritual Warrior” event.

Before the sweat lodge, attendees spent 36 hours without food in the woods as part of a “vision quest.” They were served a buffet breakfast that morning.

Following the sweat lodge, participants were treated at hospitals for dehydration, organ failure, burns, respiratory arrest, and kidney failure. Sidney Spencer spent four days in a hospital because of multiple organ failure. She plans to sue Ray for personal injury.

Spencer’s personal injury lawyer says that when sweat lodge participants wanted to leave during the sweltering ceremony, Ray encouraged them to stay and fight the urge to exit the lodge. Another sweat lodge survivor, Beverley Bunn, told the Associated Press that Ray pushed participants too far. She says that although he didn’t force people to stay for the entire ceremony, he chided those who wanted to leave.

Police are trying to determine whether criminal charges need to be filed over the incident. At this time, they are treating the three deaths as homicides. Investigators are examining the sweat lodge to see whether it was constructed properly. They also want to find out what kind of medical care was available during the event.

Our Chicago wrongful death lawyers are following this story and will keep you abreast of developments.

Survivor cites fasting, pressure at sweat lodge, USA Today, October 21, 2009

Wrongful Death Suits Expected in Sedona Sweat Deaths; Brooklyn-Native Among Deceased, Brooklyn Eagle, October 19, 2009

1st sweat lodge survivor speaks out, AP, October 21, 2009

Related Web Resources:
James Arthur Ray

Wrongful Death Overview, Justia

Continue reading "With Sweat Lodge Deaths and Injuries, Wrongful Death and Personal Injury Lawsuits are Likely" »

Last week, McHenry resident Bret Wilkinson sued a Ringwood manufacturer for Illinois personal injury. In his Illinois brain cancer lawsuit, the 46-year-old accused Rohm and Haas of being responsible for the groundwater and air pollution that caused his inoperable grade 3 astrocytoma brain cancer. Wilkinson is the 30th plaintiff to sue the manufacturer for brain cancer.

Wilkinson grew up on the McHenry portion of the lake just a few blocks from where another brain cancer plaintiff used to live. He has resided close to the lake’s West shore since 1990.

At least 30 former and current McCullom Lake residents have filed Illinois brain cancer lawsuits seeking damages. The former chemical company is accused of dumping cancer-causing chemicals into the area. Some 1,000 people reside in the community. The state of Illinois says the population size is too small for a proper analysis of the area’s cancer rate.

Rohm and Haas bought the chemical plant from Morton International 10 years ago. The latter operated the plant for five decades and is accused of spending 20 years dumping toxic chemical waste into an unlined pit.

Eight of the nine patients diagnosed with astrocytoma brain cancer are deceased.

Rohm and Haas has admitted that chemicals were dumped in the pit, which spanned an eight-acre area. However, the company says it will fight the brain cancer lawsuits. Rohm and Haas claims tests prove that any contamination flowed away from the village. The plaintiffs, however, argue that testing occurred years after the company stopped dumping the chemicals.

30th plaintiff joins lawsuits over cancers, Northwest Herald, October 7, 2009

McCullom Lake Illinois Brain Cancer Lawsuits Filed on Behalf of 30 People, About Lawsuits, October 15, 2009

Related Web Resources:
Rohm and Haas

McCullom Lake, Illinois

Continue reading "McHenry County Resident Files 30th McCullom Lake, Illinois Brain Cancer Lawsuit Against Ringwood Manufacturer" »

The family of Christopher Connolly is suing St. Ignatius College Prep student for his personal injury. In 2007, Connolly, then 15, sustained catastrophic injuries when he hit is head on the bottom of the school during water polo practice.

According to the Chicago injury lawsuit, an assistant coach told the other kids to throw snowballs at Connolly and called him “Flounder,” which is considered a derogatory nickname. To avoid the snowballs, buoys, kickboards, and other pool equipment that were thrown at him, the 15-year-old dove into the pool per another coach’s instructions.

The Chicago injuries to minor complaint, filed in Cook County, claims that Connolly “was forced to dive into the pool.” He struck the bottom of the pull and fractured his vertebrae during the alleged hazing incident. He was hospitalized for almost four months. Because of his spinal cord injury, Connolly is now a quadriplegic.

He requires the use of a wheelchair, and needs assistance bathing, getting dressed, and picking up objects off the ground. He needs full-time care. He also underwent intensive and lengthy therapy and has been able to regain some use of his hands and arms.

Connolly says that he also suffers physical trauma and embarrassment because he now has to use a wheelchair. After the accident, he enrolled in another school.

Connolly’s family is seeking undisclosed damages, as well recovery for medical costs.

Suing a Chicago School for Personal Injury
Schools and their staff members are supposed to make sure that students on the premise are not harmed and that there are no hazards on the premise that could cause personal injury or wrongful death. Failure to provide students with this safety can be grounds for an injuries to minor lawsuit.

Paralyzed teen's parents sue Chicago school over alleged hazing, Chicago Tribune, August 19, 2009

Read the Complaint (PDF)

Related Web Resources:
St. Ignatius College Prep

Quadriplegia Care Guide

Chicago resident Rolan D. Johnson says he sustained personal injuries and other damages when he was unjustly arrested by a Glenwood police officer in 2007. Jones says the incident happened when he was driving home from Hodgkins where he works at a UPS facility. He is suing the Glenwood Police Department for false arrest, battery, and malicious prosecution.

Johnson is a diabetic. He says that he was beginning to go into a diabetic coma because his body temperature and blood sugar were falling when Officer Daniel Fisher apprehended him. According to the police officer’s report, he stopped the 47-year-old Chicago resident because he was driving erratically.

Johnson then drove off, nearly striking Fisher with his car before stopping his vehicle on the side of the road. Fisher then broke the window on the driver side and pulled the driver out of the car.

The report says that Johnson tried to kick Fisher and pulled away violently while the police officer was handcuffing him. Johnson’s attorney, however, says that Johnson may have been behaving like he was drunk, but he was in fact was undergoing a medical emergency.

According to Johnson’s Chicago injury lawsuit, the glass shards that came from the broken window, as well as Fisher’s baton, hit him on the face. Johnson then claims that the Glenwood police officer threw him onto the ground and kicked, punched, and choked him a number of times. At this point, Johnson says he was in a semi-comatose state.

EMS workers who arrived at the scene confirmed that Johnson was experiencing hypoglycemia. They had to give him dextrose to elevate his blood sugar count, which had dropped to 26. 80 – 120 is considered normal.

Fisher charged Johnson with numerous traffic violation charges and with resisting arrest. A Cook County judge later dismissed the latter charge.

Johnson says his 14th and 4th Amendment rights were not protected during the arrest, which was unwarranted and maliciously prosecuted. He says he was beaten and, as a result, he sustained closed head injuries, permanent eye damage, and serious emotional distress. He also lost wages because he had to take time off work to recover. He now has legal bills because of what happened.

Johnson is seeking at least $150,000 in Chicago police brutality damages.

Diabetic sues over injuries during Glenwood traffic stop, Chicago Tribune, August 12, 2009

Suit claims Glenwood police officer beat man having diabetic attack, Southtown Star, August 6, 2009

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

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

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

Every year, about 300 kids under age 5 drown in pools and spas, while nearly 3,000 others sustain injuries that require emergency room care. Many victims that survive drowning accidents end up sustaining permanent injuries, such as traumatic brain injuries.

The Consumer Product Safety Commission recently issued these latest drowning statistics just in time for the swimming season. The CPSC wants to remind pool owners and supervisors to exercise the necessary precautions to prevent drowning accidents from happening.

80% of child drowning fatalities occur in residential settings. And a premise owner can be held liable for personal injuries if he or she failed to implement the proper safety measures that could have prevented a drowning accident from happening, such as (from the CPSC):

• Making sure that there is adult supervision any time there are children in the pool or spa.
• Installing a four-sided barrier with self-closing gates around the spa or pool.
• Installing safety covers or alarms.
• Knowing basic water rescue techniques.
• Keeping first aid and rescue equipment close by.

One common cause of drowning accidents is drain entrapment, which has been known to occur in residential pools and spas, as well as in public pools and spas. While older drains were designed in such a way that a person’s hair or clothing or another body part could easily get suctioned into the pool or spa drain (causing a potentially fatal drowning accident if the victim got pulled underwater and was unable surface), there are now new drain covers designed so that such incidents cannot happen.

The Virginia Graeme Baker Pool and Spa Safety Act went into effect last December and requires all public pools and spas to be fitted with these newly designed drain covers. The CPSC says that in-ground spas with the older drains and children’s wading pools pose the greatest risk of evisceration and entrapment. Since 1999, 69 people have been injured and 11 others killed due to drain suction.

If your child was injured by a defective pool drain or drowned because the pool owner failed to implement the proper safety measures at a pool or spa, you may have grounds for filing a Chicago personal injury lawsuit claiming products liability, injuries to minors, or wrongful death.

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009

Related Web Resources:
Swimming Pool and Spa Safety Starts with You!, PoolSafety.gov

Pool Season Begins in Illinois – Enjoy the Water, But Be Safe, eNews Park Forest, May 18, 2009

Pool Safety Report, CPSC, May 2009

Continue reading "Chicago Premises Liability During Swimming Season: CPSC Offers Advice on Preventing Pool and Spa Drownings" »

Two Illinois men died in a tragic Mattoon, Illinois bus accident on Saturday. They were standing with several people on top of a double-decker bus on Illinois Highway 16 when they hit their heads on the Interstate Highway 57 overpass. The two men, Clarendon Hills resident Cameron Chana and Yorkville resident Justin Sleezer, were reportedly a few inches taller than the other bus passengers that were with them. They were both 22-years-old.

The bus occupants were primarily students returning from a Lake Shelbyville boating trip. Following the catastrophic accident, the bus driver transported the victims to a local hospital before they were later transferred to an Urbana hospital. Sleezer and Chana were pronounced dead the following morning.

The bus had been rented in Charleston from Lincoln Springs Resort. Passengers say that the bus driver never told the passengers that were on the upper deck to sit down and that no safety precautions were issued. Many of the bus riders were drinking alcohol. Official reports, however, indicate that as the bus was moving down the road, the passengers were told not to stand up.

Police are investigating the catastrophic injury accident to determine whether any regulation violations occurred. Issues under consideration include the clearance height of the overpass bridge, which is 13 feet, 11 inches and the height of the double-decker bus that police say is 13-feet, 6-inches tall. Just a few years ago, a backhoe on a trailer hit the same bridge.

Another issue under investigation is whether a change in the route the bus was supposed to take contributed to the deadly bus accident. A request for a food stop resulted in the bus driver making a stop at a McDonald’s on Illinois 16.

Bus accident investigation continues, TMCnetcom, June 2, 2009

2 suburban men killed in bus accident in Mattoon, Ill., Chicago Tribune, June 2, 2009

Related Web Resources:
Lincoln Springs Resort

NINDS Traumatic Brain Injury Information Page, National Institute of Neurological Disorders

Continue reading "Chicago Personal Injury Law Firm: Two men die in Mattoon, Illinois bus accident after their heads strike an Interstate Highway 57 overpass" »

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

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

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

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

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

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

Related Web Resources:
Traumatic Brain Injury Information Page

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

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

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

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

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

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

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

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

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

Statistics on College Rape, Bates.edu

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

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

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

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

The family of Tabitha Carroll, a 32-year-old East Dubuque woman who died last October 31 after the family’s truck was pinned by a semi-tractor trailer against an Illinois Department of Transportation vehicle has filed their wrongful death lawsuit. The family’s Illinois personal injury lawyer also filed two personal injury claims related to the motor vehicle crash.

Carroll died from the injuries she sustained in the large truck accident. Her husband Randy and their 3-year-old son Gabriel suffered serious injuries. The tragic accident took place in Kane County.

According to the Illinois wrongful death lawsuit, truck driver Jeffrey Repec acted recklessly and negligently when he got behind the wheel of the truck while under the influence of marijuana. The 30-year-old trucker’s employer, Geils Farms, is also a defendant in the case. According to accident investigators, five of the 10 brakes on the truck were not adequate.

There are many reasons why truck accidents happen. While truck driver negligence or error is a common reason, there are steps that truckers can take to prevent injury accidents. Suggestions provided by Road Safe America include:

• Paying attention to the vehicles on the road
• Modify your driving according to current road conditions
• Make sure you are well rested before you get behind the wheel of a truck
• Decrease your speed when you are driving through or by work zones
• Keep a safe distance between you and other vehicles
• Make sure your vehicle is properly maintained
• Practice defensive driving

Wrongful death suit filed by East Dubuque family, THOnline.com, January 27, 2009

Road Safe America

Related Web Resources:
National Highway Traffic Safety Administration

Federal Highway Administration

With so many motorists using cell phones on US roads, the National Safety Council is calling on lawmakers in the District of Columbia and all 50 US states to ban the use of cell phones and messaging devices while people are driving. The Harvard Center of Risk Analysis reports that about 636,000 auto accidents a year occur because a driver was talking on the phone or text messaging. 2,600 people die and 330,000 people are injured annually as a result.

Contrary to popular belief, the NSC says that the University of Utah researchers have studies showing that talking on a hands-free device is not safer than talking on a hand-held cell phone. In Illinois, localities are allowed to come up with their own laws regarding cell phone use by motorists. Chicago has a ban on hand-held cell phones while driving. The entire state, however, prohibits drivers younger than 19 and school bus drivers from using any kind of cell phone when operating their vehicles.

According to the Insurance Information Institute, a driver’s ability to safely operate a vehicle is seriously impaired when talking on the phone or text messaging because not only do motorists take their eyes off the road when operating their devices, but they can get so involved in their conversations that their concentration is not where it should be—on the road. According to a Nationwide Mutual Insurance Co. survey of 1,200 drivers, 73% of the participants use cell phones when operating their vehicles.

Text messaging while driving is also a common habit, especially for teen drivers. Nationwide also found in January 2007 that 19% of drivers admitted to texting while driving.

The Insurance Institute for Highway Safety says that drivers who talk and text message on cell phones have a four times greater chance of becoming involved in an injury accident than motorists who don’t use these devices while driving.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org

Cell Phone Laws, Insurance Institute for Highway Safety

Related Web Resources:
Cellphones and Driving, Insurance Information Institute, October 2008

Illinois Cell Phone Laws, DMV.org

Continue reading "NSC Wants All US States to Ban Drivers from Using Cell Phones" »

In St. Clair County Circuit Court, two Monroe County women filed an Illinois truck crash lawsuit against Collins Industries and semi-truck driver Rusty Arnold White. Elizabeth M Lewis and Henrietta J Langbein say they suffered serious injuries from the January 9, 2007 truck crash. They are seeking over $200,000, plus costs.

The accident occurred on Illinois State Route 3 when White, who was towing a 48-foot flatbed trailer behind his semi-tractor, struck Lewis’s 1998 Mazda Protégé. Langbein was riding in Lewis’s car with her.

The women’s Illinois personal injury lawsuit contends that the women suffered serious and permanent injuries, as well as disability and disfigurement. As a result of their injuries, they claim they can no longer do their job or engage in certain activities. They also say they experienced mental trauma from the crash and have racked up medical expenses while getting treatment for their injuries.

Their complaint accuses White of negligence due to his failure to control his large truck, maintain a proper lookout, slow down his vehicle to avoid causing a crash, drive at a slower speed, stop in a safe manner, keep enough space between him and the car in front of him, and stay in his own lane. The woman say Collins Industries failed in its duty of care because one of its employees did not drive in such a manner that would prevent the truck crash from happening.

Illinois Truck Crash Cases
Large truck crash cases are harder to pursue than motor vehicle claims and lawsuits against car drivers or motorcyclists. It is important that your Illinois truck crash lawyer is familiar with state and Federal Motor Carrier Safety Administration regulations and knows what questions to ask and what evidence to look for when investigating your case.

Companies that own large truck companies are experts when it comes to minimizing their liability. A good Illinois truck crash lawyer will know what evidence to look for and how to examine a trucker's log and other records to determine what caused the truck collision.

Monroe County women sue over auto accident, The Record, December 23, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Collins Industries

In Chicago on Friday night, 1 woman died and 11 were injured in two separate auto accidents. Eight of the injury victims were children.

The first accident involved a single vehicle, in which, according to the Illinois State Police, the motor vehicle rolled over a number of times before stopping near South Doty Avenue and 120th Street. The driver of the vehicle died at the crash scene. Five passengers, four children and one man, were taken to local hospitals for treatment of their injuries.

In another accident, six people sustained serious injuries in a two-vehicle collision that occurred at Western and Ogden Avenues. One of the vehicles left the accident scene. Four of the injury victims were children.

Car Accidents
There are many possible reasons why car accidents occur. Drunk driving, distracted driving, driver inattention, defective auto parts, road debris, faulty traffic lights, and poor weather conditions are just some of the causes.

Often, insurance companies will try to get you to settle your claim before you know how much it will cost for you to recover from your injuries. It is important that you speak with a Chicago car crash lawyer first before reaching an agreement with an insurer that could prevent you from receiving the maximum recovery that you are owed.

Motor vehicle collisions are a leading cause of wrongful death in the United States. If your loved one died in a Chicago car crash, truck accident, pedestrian accident, or motorcycle collision that was a result of someone else’s negligence, you are entitled to financial compensation for your tragic loss.

2 crashes in Chicago kill 1, hurt 8 kids, ChicagoTribune, October 14, 2008

Related Web Resources:

Rollover, Safercar.gov

National HIghway Traffic Safety Administration

Illinois Department of Transportation

Continue reading "2 Chicago Car Accidents Leave 1 Person Dead and 11 Others Injured" »

More mesothelioma lawsuits have been filled in Madison County, Illinois. These Illinois personal injury lawsuits are just a few of the many suits that have been filed throughout the United States by workers and families seeking to obtain compensation for illnesses and deaths due to exposure to asbestos at work.

Asbestos is a group of naturally occurring minerals that have been used in certain products and were present in many construction sites until the 1980’s. Some 2,000 to 3,000 mesothelioma cases are diagnosed each year.

Among the recent mesothelioma lawsuits in Madison County:

* The estate of George Charles Davis is suing 25 corporations because he was exposed to asbestos while working as an engineer in Illinois, New Jersey, Colorado, and Texas from 1951 to 1983. Davis’s lawsuit accuses the defendant companies of negligence because they did not provide workers with instructions on how to work safely with asbestos. The estate is seeking at least $150,000.

* Mary Lindsey’s estate is suing 75 corporations for her lung cancer death. The lawsuit claims that secondary asbestos exposure caused her illness and that she was exposed to the toxic fibers from her husband's work clothes. Her estate is seeking at least $250,000.

* Illinois resident Franz Mueller is suing 75 companies after he was diagnosed with mesothelioma earlier this year. The plaintiff says that he was exposed to asbestos while working as a machine operator and a welder. His lawsuit contends that the defendants did not exercise reasonable care to ensure his safety on the job. He is seeking at least $150,000 for medical care, lost income, and legal fees.

* Geraldine Kruemmelbein says her husband, who died from lung cancer in 2006, got sick because of asbestos exposure at work. Robert Kruemmelbein was a Duncan Foundry laborer from 1950 to 1960, a maintenance worker for Dow Chemical in 1961, and a machine operator at Owens-Illinois Glass for over 30 years.

Geraldine is suing 74 defendant corporations. Her wrongful-death lawsuit contends that the defendants should have anticipated that exposure to asbestos would make her husband ill. She says her husband experienced great physical and mental anguish because of his cancer and that he spent large sums of money prior to his death for medical costs. The disease also prevented him from working and the family experienced the loss of his support and society.

Bunker Hill woman files asbestos complaint in husband's death, The Record, August 27, 2008

Several Mesothelioma Lawsuits Filed in Illinois, TransworldNews.com, August 28, 2008

Related Web Resources:

Mesothelioma

Mesothelioma and Asbestos Center

In Chicago, a 32-year-old man is in intensive care and paralyzed from the neck down after getting hit by what he says was falling masonry. Rogelio Rodriguez says he pushed a woman out of the way so that a slab of falling concrete wouldn’t strike her. He was hit instead.

Rodriguez’s wife, Amelia, says the accident occurred on August 15 close to Cermak and Damen. Meantime, Chicago police confirm that an accident occurred close to Damen and 22nd next to a building under construction but did not issue specific details. Amelia says Rodriguez, the family’s main source of support, is in a great deal of pain and will have to undergo surgery.

If you were injured because you believe that another party was reckless or careless, you may be entitled to receive personal injury compensation for your injuries, medical and recovery costs, and other damages. Some personal injuries can be catastrophic, and the expenses incurred from treating and living with such a serious injury can be too much for one’s medical insurance to cover.

Construction Accidents
While construction workers are the ones most prone to serious injury in most construction accidents, there are accidents that occur when innocent bystanders or others that happen to be at or around the site are the ones that get hurt.

Some examples of constructions accidents:

• Falling debris
• Fall accidents
• Defective machinery
• Crane collapses
• Scaffolding accidents
• Site explosions

Hero paralyzed saving woman, Chicago Sun-Times, August 27, 2008

Man paralyzed by falling debris, ABClocal.go.com, August 25, 2008

Related Web Resources:

Spinal Cord Injuries, MedlinePlus.com

Construction Safety, National Institute for Occupational Safety and Health, CDC.gov

Continue reading "Chicago Man Says He Was Paralyzed After Being Struck by Falling Masonry" »

Every day, five children under the age of 19 die as the result of an accidental shooting or suicide by gun. According to the American Academy of Pediatrics, firearms (accidental, suicide and homicide) claim the lives of some 4,000 children under age 20 each year. Most of the deaths are preventable.

We recently represented a Chicago family for the accidental shooting death of their 16-year-old son. My client lived next door to a young girl whose father possessed a handgun. A young boy from the neighborhood asked the girl to provide him with the gun so he could look at it. When the girl handed the boy the gun, he refused to return it. Later that week the boy was showing my client the handgun when it accidentally fired, striking my client in the head and killing him.

We filed a wrongful death lawsuit against the shooter as well as the owner of the gun. The shooters family was insured by a homeowner's policy that covered the accidental shooting. We recovered 100% of the available insurance.

We also made a substantial recovery against the owner of the gun. After an arbitration hearing, the Judge ruled that it was negligent to leave a handgun in a place that was accessible to a child.

Unfortunately, most fatal firearm accidents occur when children and teens discover firearms at home that have been left loaded or unsecured. Because of the serious risk of firearm related death and injury to children, the decision to keep a firearm in the home is very serious and one that must not be made lightly.

On Aug. 22, an OSHA officer, while driving by a Chicago-area residential construction site, observed employees working at approximately 30 feet above grade performing roofing work. He stopped at the worksite and saw an employee trip on a slide guard and nearly fell off the roof. Luckily, the employee caught himself on the side of a chimney. The officer initiated an inspection and asked the employer to cease work until employees were provided adequate fall protection.

This is just another example of construction companies disregarding safety to increase the speed of a project. Unfortunately, many construction companies are more concerned with completing a project on schedule than safety. In this case, it was quicker to allow employees to work without fall protection than to require them to wear a safety line or provide other fall protection.

If you are employed in the construction industry, you should demand compliance with all known safety regulations. In addition, you should report any safety violations to your foreman or general contractor. Working in safe conditions is your right, which must protected at all costs.

If you are injured at a construction site, it is important that you retain top quality legal representation. You should hire an attorney who has a track record of success in representing victims of construction negligence.

Malman Law has the skill and experience to handle construction site accident cases. We believe the key to success in construction cases is being aggressive and persistent. This type of aggressive representation has resulted in the recovery of millions of dollars for our clients.

One out of every 10 construction workers is injured every year. The most common accident at construction sites is falls causing more fatalities than any other construction activity. Ironworkers have the greatest likelihood of being injured on a construction site, more than any other trade.

We recently settled a case for an Ironworker who was injured in Rosemont, Illinois. Our client was helping a co-worker move a steel beam when the co-worker slipped and dropped the beam. As a result, my client was left holding the entire weight of the beam. The beam was so heavy that my client felt an immediate "pop" in his back causing immediate pain. He eventually was diagnosed with a herniated disc in his back and underwent surgery to fuse his spine. We were able to prove that during a rain storm the general contractor ordered my client to move a steel beam. Our expert determined that the general contractor was negligent for failing to shut down the site and for ordering my client to perform work in unsafe conditions.

Construction site cases can be very complex. The most difficult aspect of these cases is determining all of the liable parties. If the injured worker is employed by the general contractor then we must determine what role, if any, the sub-contractors played in the injury. If the worker is employed by a sub-contractor, then we must determine the liability of the general contractor, the owner and other sub-contractors.

At Malman Law, we feel the best way to establish liability in a case is through the use of expert witnesses. We utilize construction safety experts who have worked for OSHA and understand government regulation of the construction industry. We are often able to uncover poor safety compliance and a disregard for government regulations.

A construction site is a very dangerous place. Construction companies are well aware of the dangers of the site but will often disregard safety for speed and profits. If you are injured, it is important to exercise your legal rights . By exercising your rights, you will bring to light to unsafe conditions which may help to prevent future injuries.

In the United States there are over 4,7000,000 dig bites per year with over 800,000 resulting in injuries requiring medical attention. The Illinois Animal Control Act creates liability for dog and animal attacks. In Illinois, anyone who owns or harbors a dog, or other animal, is responsible to pay money damages to a person injured by the animal. The only defense to a claim under the Illinois Animal Control Act is provocation by the injured person. Generally, homeowners insurance will provide coverage for the action of the owner's dog.

As a dog owner, I am amazed to see so many people failing to leash their dogs. In order to help prevent dog attacks, I strongly recommend that you leash your dog. If you want to run your dog off leash, then go to a dog park. There is no reason to endanger other people and children by allowing your dog to roam free.

If you or your children want to pet a dog, always approach from the front. Ask the owner if you can pet the dog and let the dog come to you. Do not pet the top of the dogs head rather, let the dog sniff your hand and pet the dogs sides or back.

In the event of a dog attack you should be prepared to react. If the dog attacks someone else, you should lift the dog from the hind legs in order to stop the attack. Generally, a dog will release the victim when you lift the hind legs. If you are attacked by a dog you should remain still. I know this is difficult, but if you remain still the dog will become bored and let you free.

The most important action you can take to help prevent dog bites is to ask your neighbors to leash their dogs. In addition, take caution when you approach a dog. Unfortunately, dog bites do occur and you should pursue your legal rights against the owner.

In Illinois there are over 63,000 lawyers who can represent you. How do you choose the right lawyer for you? As a Chicago personal injury lawyer, I believe that with a little research you can find quality representation that will leave you feeling good about our legal system.

I feel that the most important characteristic in an attorney is experience handling the particular type of case that you have. For example, at Malman Law we represent the injured for automobile accidents, work injuries, nursing home abuse and neglect, slip and falls, medical malpractice and products liability. If you were injured in a car accident, many lawyers are happy to represent you. However, many of these attorneys are general practitioners or do not concentrate in injury law. They attempt to handle automobile accident cases because they think they are uncomplicated. Many lawyers are unaware of legal technicalities, insurance company policies, legal theories and case values. This can lead to long delays in your case or a poor result. Before you retain an attorney, confirm that he or she has handled many similar cases in the past.

Your lawyer should immediately able able to answer any of your legal questions concerning your case. We cannot give any guarantees or exact case values, but an experienced injury attorney has heard most questions many times and knows the answers. For example, if client was riding a bike and was injured in a hit and run collision, I know what to ask. First, I need to determine if the client has automobile insurance coverage. If he did, then the automobile insurance uninsured motorist provision would apply to a hit and run accident. If the client did not have any insurance, then I would inquire if you live with any relative who has automobile insurance. If the answer is yes, then that policy may also apply. Unfortunately, many lawyers are unaware of the available coverage contained in insurance policies. Only retain an attorney if he or she has answered all of your questions satisfactorily.

When you speak to an attorney, listen carefully to determine whether or not you can build a good working relationship with him or her. Some cases take several years to resolve and you will be speaking to your lawyer many times during the course of the case. Be sure that your personalities mesh.

Finally, confirm that your lawyer is licensed in Illinois and is in good standing. This process takes one minute and can save you from a nightmare.

Many people have the unfortunate experience of being involved in an automobile accident. In fact, in 2005 there were over 6,420,000 car accidents in the United States resulting in over 2,900,000 injuries. It is the leading cause of injury and death for people ages 3 to 33. Accordingly, at Malman Law we believe it is important to know what to do immediately after an accident to protect your rights. After an accident, we recommend doing the following:

First, seek medical treatment. Automobile collisions are traumatic and only trained medical personnel are qualified to diagnose your injuries. If you fail to seek immediate treatment an insurance company may later dispute the extent of your injuries based upon the lack of emergency medical care.

Second, preserve any evidence involved in the collision. Be sure to take photographs of your injuries, the vehicles involved and of the scene. Obtain witnesses names, addresses and telephone numbers. If you are unable to do this yourself, ask your spouse or a friend. This information may be invaluable to prove your case at a later date.

Third, do not give any statements or sign any papers. Insurance companies are notorious for taking statements in hospitals or at your home shortly after an accident. Insurance companies also often make very low cash offers to settle your case. Do not accept any offers until you have had an opportunity to think about the situation.

Finally, contact a lawyer. A lawyer is trained to determine your rights and is better qualified to determine the value of your case. Remember, the United States legal system works best when you stand up for your rights.

We recently represented a woman in Chicago, Illinois, for a severe burn and injuries she sustained after her oven mitt burst into flames. This case highlights the disregard for safety that some manufacturers have for consumers.

My client was removing a pan from an electric oven when the oven mitt came into contact with the heating element causing the oven mitt to explode into flames. Her night shirt caught on fire and she severely burned her chest and arms resulting in the need for surgical skin grafts.

Malman Law felt obligated to protect this woman's rights. She had the right to compensation for: medical bills, future medical bills, pain and suffering, lost wages and disfigurement.

We obtained a substantial settlement after the oven mitt was tested at a laboratory for flammability. Our expert determined that the oven mitt violated accepted safety standards for oven mitts. In fact, during our testing the oven mitt exploded and almost burned the expert.

At Malman Law we believe that protecting the consumer from dangerous products is our obligation. It is our goal to force manufacturers to place people over profits.