Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

August 23, 2010

Dog Bite Cases Made Up $412 Million in Homeowners' Insurance Liability Claims Paid in 2009, Says Insurance Information Institute

According to a recent Insurance Information Institute study, dog-bite insurance claims cost $412 million last year—a definite jump from the $387.2 million in homeowners' insurance liability claims that were paid in 2008. The average dog bite claim cost $24,840.

Institute vice president Loreta Worters says that the increase in dog bite claims over the past seven years can be credited to high medical costs, and larger judgments, jury awards, and settlements. While the number of dog bite claims since 2003 has gone down 2% to 16,586, the cost of the claims has gone up 30%. Most standard renters and homeowners’ policies cover dog-bite liability with about $100,000 - $300,000 in coverage.

Chicago Dog Bite Cases
Chicago dog bite injuries can cause serious and permanent physical, psychological, and emotional injuries. Not only can a dog’s bite be incredibly painful, but also an injured person may have to undergo extensive surgery to repair the damage and even this may not be enough to eliminate permanent disfigurement and scarring.

In Illinois, if the dog bite victim does not provoke the animal that attacked, the injured party is entitled to damages. You can also seek Chicago personal injury compensation if you got hurt while running away from an aggressive dog. Even if you are the dog’s first bite victim and the animal does not have a prior history of violence, you can still file a Chicago dog attack claim.

Dog-Bite Claims Exceeded $400 Million in 2009 on Higher Medical Costs, Insurancenews.net, August 23, 2010

Fido puts bite on homeowners claims, Chicago Tribune, August 17, 2010


Related Web Resources:
Dog Bites: When Is an Owner Liable?, Nolo

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

Continue reading "Dog Bite Cases Made Up $412 Million in Homeowners' Insurance Liability Claims Paid in 2009, Says Insurance Information Institute" »

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August 13, 2010

Man Files Chicago Personal Injury Lawsuit Over Segway Injuries

William Sullivan is suing Steve’s Segway Tours LLC for Chicago personal injury. He is seeking over $50,000 plus costs.

According to his Cook County injury lawsuit, the Sullivan says that he was on a lakefront tour when he thrown from his rented Segway. The plaintiff contends that the tour guide told participants to operate their Segways off the paved surface and then “slalom” between the trees. Because Sullivan did not think he could do this, he tried to get his Segway back onto the paved surface. In the process, he struck a depression and he was "thrown" from the Segway. It was just last week that the Chicago Park District sent an e-mail ordering Segway tour companies to keep tour participants on the paved paths and off the gardens and grass.

Segway Injuries
Riding a Segway has been known to sometimes cause injuries. Designed to speed up when a rider leans forward or slow down when he/she leans back, people have gotten hurt as a result of rider inexperience, inadequate supervision or instruction, Segway malfunction, or a road defect.

Some injuries that can occur during a Segway accident:

• Spinal cord injuries
• Facial injuries
• Broken bones
• Disfiguration
• Broken wrists
• Head injuries

For example, the Consumer Product Safety Commission recalled $23,500 Segways in 2006 after six injury incidents were reported. A software glitch that could make the wheels unexpectedly move in reverse placed riders at risk of falling.

Depending on the circumstances surrounding your Chicago Segway accident, there may be more than one party who should be held liable.

Suit: Injured Segway Rider Told to 'Slalom' Between Trees, FoxChicago, August 10, 2010

Segway Recalls Scooters for Injury Risk, The Washington Post, September 15, 2006


Related Web Resources:
Steve’s Segway Tours LLC

Segway

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August 5, 2010

Chicago Wrongful Death in Fatal Police Taser Incident Results in $500,000 Settlement

A $500,000 Chicago wrongful death settlement has been reached between the City Council and the family of Ronald Hasse. The 45-year-old died in 2005 after a Chicago police sergeant Tasered him for 62 seconds when he resisted arrest. At the time, Hasse had crystal methamphetamine in his system. While the drugs were a factor, he died from Taser-related electrocution.

Police are not supposed to use force beyond what a situation warrants and they must take precautions so as not to inflict injury or kill a suspect or a prisoner. For example, considered a less lethal alternative to a gun, Tasers are extremely painful and have been linked to serious health complications, injuries, and even death. However, there are less painful ways to apprehend someone.

According to the Independent Police Authority, Chicago cops have nearly quadrupled their Taser use since earlier this year when every beat car was given an electric-shocks weapon. Tasers were discharged 285 times during the second quarter of 2010 alone. Already this year, men in Riverdale, Waukegan, and Melrose Park died after police stunned them with Tasers. The police say that one man was drunk and the other two had taken drugs.

Unfortunately, many people continue to suffer injuries or die because officers used too heavy a hand when doing their job. These victims of excessive police force and Chicago police brutality often do not realize that their rights have been violated and that they may have grounds for a Chicago personal injury case.

Just this week, in Peoria, 35-year-old Terrrance D. Jackson sued City Hall because he claims he was the victim of “excessive force” involving repeated Taser use. He is seeking unspecified damages.

Officers detained Jackson on January 26, 2009 after they saw him drive away from an alleged drug house. He says that his seatbelt was stuck but that the officers thought that he either had drugs in his mouth or was resisting arrest. They Tasered him repeatedly. According to Jackson’s Illinois police brutality lawsuit, he was treated at a hospital for a dislocated shoulder, Taser burns, and unspecified injuries.

Police Taser use increases sharply, Chicago Sun-Times, August 5, 2010

$500,000 to family of man Tasered to death by Chicago police, Chicago Tribune, July 28, 2010

Lawsuit: Police used 'excessive force', Pjstar.com, July 26, 2010


Related Web Resources:
City of Chicago: Police

Independent Police Authority, City of Chicago

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July 30, 2010

Injuries and Deaths Caused by Violent Crimes Can Be Grounds for Chicago, Illinois Personal Injury and Wrongful Death Lawsuits

A Logan Square woman is seeking Chicago personal injury compensation for her Illinois burn injuries and the permanent disfigurement that she suffered during a 2008 acid attack. Esperanza Medina is seeking at least $50,000.

According to Medina, the violent attack happened while she was going to her social worker job at approximately 6:45 am on July 28, 2008. The plaintiff contends that three people approached her with paper cups and a baseball bat. They threw the acid on her, which caused her to suffer serious burns on her body and face. Medina has had to have multiple skin grafts and her eyesight was damaged.

Charged in the case were three teenagers and three adults. One of the adults, Ofelia Garcia, is accused of masterminding the attack. Garcia was allegedly mad at Medina because she thought the victim was dating her ex-husband.

While most Chicago injury incidents are accidental, with the liable parties never having intended to harm the victims, some are not. If you are the victim of a violent crime, you may have grounds for a Cook County, Illinois personal injury lawsuit. Your civil case is separate from any criminal case that prosecutors may decide to pursue against your assailant.

This week, the daughter of a pizza deliveryman who was murdered in 1981 filed a Chicago wrongful death lawsuit against the man convicted of killing him. Ginger Rodriguez Attia is seeking over $100,000 plus legal costs from Bella’s Pizza owner Michael Cosmano.

Attia claims that Cosmano fatally shot her father Milton Rodriguez on June 12, 1981 outside the restaurant. Prosecutors said the two men were fighting over work conditions and pay when the fatal incident occurred. Earlier this year, Cosmano was sentenced to 29 years in prison.

Wrongful death suit filed in pizza deliveryman's murder, NapervilleSun, July 29, 2010

Woman disfigured in acid attack suing alleged culprits, Sun-Times, July 26, 2010


Related Web Resources:
Criminal Offenses, Illinois General Assembly

Types of Personal Injury Damages, Justia

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July 27, 2010

Two Cook County Personal Injury Lawsuits Seek Damages from Airlines

In Cook County Circuit Court, two Illinois personal injury lawsuits have been filed seeking financial recovery from US Airways and Southwest Airlines, respectively. The alleged injuries took place while the planes were in flight.

On Friday, Diana Burgess filed her Cook County injury complaint against U.S. Airways for injuries she sustained while on a flight to Chicago in August 2008. Burgess contends that she experienced emotional and physical trauma because the airline allowed a passenger to take a skateboard that came with “heavy sharp metal wheels” on the plane. The person stowed the skateboard in the compartment over her head but there was nothing to keep it in place.

She is seeking unspecified damages.

In another Cook County injury complaint, this one involving injuries to a minor, the skies may have been a little too friendly for the plaintiff. The Chicago man is suing Southwest Airlines because he claims that the airline’s flight attendants failed to protect the teenager during a flight headed to Orlando, Florida on July 13, 2008 from the sexual advances of an older female who also allegedly offered him drugs.

The father is accusing the flight attendant of ignoring the boy’s requests that he be transferred to another seat. His father says that the experience scared the teenager to the degree that he refused to fly home by himself. His dad had to fly over to get him so they could travel together.

In his Cook County injuries to a minor complaint, the plaintiff is seeking over $50,000 in damages.

Suit: Passenger hurt on flight after skateboard stored above her head, Sun-Times, July 23, 2010

Suit: Woman injured by falling skateboard on plane, Chicago Breaking News, July 23, 2010

Man says son was sexually harassed on flight, MSNBC, July 13, 2010


Related Web Resource:
Nolo

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July 21, 2010

Chicago Personal Injury Lawsuit Seeks Damages for Golf Ball Injury

Theresa Kramer is suing the Chicago Park District for Cook County personal injury. The Chicago woman says she got hurt last year when an errant golf ball struck her above her left eye.

At the time, she was registering golfers for a 2009 charity benefit at Sydney R. Marovitz Golf Course. The table where she was at was set up behind the ninth hole. In her Chicago, Illinois personal injury complaint, Kramer is accusing the park of acting carelessly, negligently, and improperly by letting her set up registration tables in that area.

Kramer is claiming that because she was hit by the golf ball, she now has a droopy left eye and suffers from blurred vision. She also says that the flying golf ball cut and bruised her. According to WLSAM.com, Kramer is seeking over $100,000.

Golf Ball Injuries
Getting hit by a golf ball can result in serious injuries, including head injuries, traumatic brain injuries, headaches, and vision problems. While in most cases, the golfer never intended to accidentally strike someone with their errant golf ball, accidents do happen and innocent bystanders, as well as others playing golf, can get hurt. Depending on the circumstances surrounding the Chicago golf ball accident, the golfer and/or the golf course owner can be held liable.

It was just earlier this year that our Chicago injury lawyers reported on a DuPage County personal injury case involving a woman who sued a Naperville man because a golf ball that he struck hit her on the head when it flew into her West Chicago backyard.

Errant golf ball leads to lawsuit, Chicago Breaking News, July 19, 2010

Woman allegedly struck by golf ball sues Chicago Park District, WLSAM.com, July 14, 2010

DuPage County Judge Wants Jury To Rule on West Chicago Injury Lawsuit Involving Errant Golf Ball, ChicagoInjuryAttorneyBlog, February 15, 2010


Related Web Resources:
Chicago Park District

Sydney R. Marovitz Golf Course

Golfers be fore-warned: If a ball smacks your head, see your doctor, CNN

Continue reading "Chicago Personal Injury Lawsuit Seeks Damages for Golf Ball Injury " »

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July 2, 2010

Jaycee Dugard Expected to Receive $20 Million Personal Injury Settlement

State lawmakers have approved legislation to pay a $20 million personal injury settlement to Jaycee Dugard, the 30-year-old woman who was kidnapped from her school bus stop at age 11 and held captive for 18 years until she was discovered last year. She was repeatedly raped by and bore two children with her abductor Phillip Garrido. Her daughters are now ages 15 and 12. The girls are seeking injuries to minor damages for their physical, emotional, and psychological injuries.

According to Forbes.com, an official analysis noted that in addition the pain and suffering caused by the kidnapping, years in captivity, and sexual assaults, Dugard, as well as her daughters, will likely require counseling for lives. Also, Dugard was never able to finish school and has no work experience. Her girls have never been to school and had lived in isolation in Garrido’s backyard.

Garrido, a registered sex offender, is now behind bars awaiting his criminal trial. Although the state parole system had been actively monitoring him since 1999, over the years, the Department of Corrections has missed several opportunities that might have allowed them to find and rescue Dugard and her girls. In 2006, a neighbor of Garrido’s called 911 to report that there were kids living in tents in his backyard. A deputy went to Garrido’s residence but only gave him a warning about code violations.

Meantime, Dugard’s mother Terry Probyn has had to live with the loss that comes with having your child disappear, not know what happened to her, and then spend years without her while missing out on all the experiences that come with being her mother. She also has filed a claim with the Victim Compensation and Government Claims Board.

While the Corrections Department typically is immune from personal injury claims, the state’s Department of Justice recommended the settlement, which Governor Arnold Schwarzenegger has said that he will sign and approve.

Jaycee Dugard And Her $20 Million Settlement, Forbes.com, July 2, 2010

Schwarzenegger backs $20-million settlement for Jaycee Dugard, Los Angeles Times, July 1, 2010

Dugard, girls and mom file claims against state, SF Gate, February 24, 2010


Related Web Resources:
Jaycee Dugard Abduction Timeline, ABC News 10

Department of Corrections and Rehabilitation

California Victim Compensation and Government Claims Board

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July 1, 2010

Woman Files Chicago Personal Injury Lawsuit Over Exploding Toilet

Rosie Neal is suing the owner of a South Side apartment building for Chicago premises liability. Neal claims she was injured when her toilet exploded.

In her Cook County personal injury complaint, Neal says that the building’s faulty water pressure system caused “extreme high water pressure,” which resulted in the toilet explosion on October 4, 2008. She is accusing the owners of failing to keep the building and its water pressure system safe and turning on the building’s water pressure too soon after repairs were made.

Neal is seeking $50,000 in Chicago, Illinois personal injury damages.

Cook County Premises Liability
Landlords can be held liable for Chicago personal injury if their failure to properly maintain an apartment building, condo, home, or another type of residence results in injuries to the tenants, visitors, or others on the premises.

Some reasons why a Chicago premises liability might be filed against a landlord or property owners:

• Dog attacks
• Slip and fall accidents
• Inadequate security resulting in robberies, violent crimes, sexual assault, assault and battery
• Improper maintenance
• Electric shock
• Fires
• Sidewalk defects
• Failing debris
• Carbon monoxide leaks
• Poorly lit stairwells
• Drowning accidents in the pool or hot tub
• Hazards that are left on the premise
• Asbestos exposure
• Lead paint exposure
• Elevator accidents
• Fall accidents

Depending on the type of premises liability accident that occurred, injuries may consist of dog bites, broken bones, broken hips, fractures, back injuries, spinal cord injuries, sexual assault wounds, gunshot wounds, spinal cord injuries, sexual assault wounds, electrocution burns, burn injuries, traumatic brain injuries, carbon monoxide poisoning, lead poisoning, cancer, emotional trauma, mental anguish, and death. Injured parties have two years from the date of injury to file their Chicago personal injury lawsuit.

Lawsuit: Exploding toilet on southside, WLSAM, June 30, 2010


Related Web Sites:
Tenant Injuries: Landlord Liability, Nolo

Premises Liability Overview, Justia

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June 8, 2010

Chicago Area’s Will County Among 22 Illinois Counties Where Subway Restaurants are Reporting Salmonella Outbreaks

The number of salmonella cases involving Subway restaurants in Illinois has reached 60. Fortunately, according to the Illinois Department of Public Health, everyone who got sick is recovering. The Subway restaurants where the salmonella cases were reported can be found in 22 Illinois counties, including Will County, Cass County, Christian County, Knox County, Macon County, Moultrie County, Peoria County, Schuyler County, Tazewell County, Warren County, Bureau County, DeWitt County, Champaign County, Fulton County, Champaign County, Coles County, LaSalle County, Marshall County, Ogle County, Sangamon County, Shelby County, Vermillion County, and Winnebago County, Illinois. Salmonella poisoning symptoms can include diarrhea, stomach pain, abdominal cramps, vomiting, nausea, and high fever.

The Salmonella cases reportedly broke out between May 11 and May 25. The youngest person to be afflicted was age 2, while the eldest was 88. 17 of those who fell ill had to be hospitalized. The specific food that caused the outbreak has yet to be identified.

Kitchens that don’t meet health standards, contaminated or rotten foods, and lack of procedures mandating that kitchen workers only handle food when their hands are clean are some of the reasons why food served at a restaurant might make people ill. While a little upset stomach, which has been known to occur in some instances when restaurant patrons have been fed spoiled foods, might seem harmless enough, no one wants to to eat food that will give him or her indigestion, diahrrea, and stomach pains that may require medical attention and days off from work to recover.

In March, our Chicago Injury Attorney Blog reported on at least 21 Shigella poisoning cases linked to Subway in Lombard, Illinois. At least two DuPage County injury lawsuits related to the food poisoning were filed.

60 salmonella cases now linked to Subway restaurants, Sun-Times, June 8, 2010

The Dangers Of Salmonella Poisoning – And What To Do About It, VitaminsDiary, March 18, 2009

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


Related Web Resources:
Division of Foodborne, Bacterial and Mycotic Diseases, CDC

Continue reading "Chicago Area’s Will County Among 22 Illinois Counties Where Subway Restaurants are Reporting Salmonella Outbreaks" »

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May 15, 2010

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

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

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

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

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

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

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

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


Related Web Resources:

Arlington Park

Spinal Cord Injuries, Medline Plus

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May 5, 2010

Chicago Personal Injury: Pizza Man Who Was Beaten and Robbed Sues Attackers

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

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

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

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

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

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

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

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

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

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


Related Web Resources:
Injury and Accident Law Overview, Justia

Damages, Cornell Law School

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April 16, 2010

Chicago Personal Injury Lawsuit Seeks Damages from South Side Elementary School Principal for Slamming Special Education Student’s Finger in Locker

Chicago Police Officer Darryl Edwards is suing Thomas A. Hendricks Elementary Principal Joyce Wilson Toran for Chicago injuries to a minor. Edwards’s son, a special education eighth grader at the school, injured his finger when it got caught in his locker door that Toran had closed shut.

According to the 14-year-old, he was listening to his iPod on March 23 when he was approached by the principal, who told him to stop listening to the music and come to her office. He decided to stop at his locker first. After he opened the locker, Toran approached him and slammed the locker door. The teen’s right ring finger got caught in it and had to be treated at Blue Island hospital. The police report states that Toran confirmed closing the locker door but said that she didn’t know that the 14-year-old’s finger was there until he started screaming.

Per the Chicago personal injury lawsuit, the teen’s finger was so badly injured that he has had to undergo two finger surgeries. The complaint says it is too soon to determine whether there will be permanent damage.

Edwards is accusing Toran and the Chicago Board of Education of “willful and wanton misconduct.” He called Toran’s conduct, even if accidental, “reckless.” His Chicago injury complaint is seeking at least $50,000 in damages.

Chicago, Illinois Personal Injury

Illinois schools can be held liable for Chicago injury if a student is injured on the premise because of negligence, recklessness, or carelessness on the part of the administration or its employees. Even if the responsible party never intended to cause injury or death, which is usually the case, you may still be able to hold him/her and/or the entity liable for your pain and suffering, mental trauma, medical costs, recovery expenses, rehabilitation bills, lost wages, and other losses.

Suit: Principal slammed teen's hand in locker, Chicago Sun-Times, April 3, 2010


Related Web Resources:
The Chicago Board of Education

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March 31, 2010

Cook County Personal Injury Lawsuit Claims Toyota Park Concertgoer Got Hurt When R & B Singer Akon Dove into Crowd

A woman is seeking unspecified damages for her Cook County personal injuries. Holly Duncan says she got hurt last summer at the B96 Summer Bash that was held in Toyota Park when R & B singer Akon jumped into the crowd.

Duncan claims that his leap caused another concertgoer to fall backwards onto her and her sister. She says she became disfigured and disabled during the Bridgeview premises liability accident and that her injures prevented her from tending to daily duties and regular affairs. She says she will likely need medical and hospital care in the future.

Duncan is suing WBBM-FM Radio, Monterrey Security, Entertainment Group, Andell Sports, and the village of Bridgeview. She is accusing them of negligence for failing to prevent the conditions that caused her personal injuries to occur.

Cook County Premises Liability
Property owners, premise supervisors, and those in charge or affiliated with an event on the property can be held liable for personal injury even if they didn’t directly cause the accident. It is their responsibility to make sure that there are no conditions on the premise that could prove hazardous to patrons, guests, visitors, residents, customers, attendees, or others. If there are any defects or dangers on the property that cannot be removed or fixed, then it is their responsibility to warn others of their existence.

Leap into concert crowd caused injury, lawsuit claims, Chicago Breaking News, March 31, 2010

Read the Complaint (PDF)


Related Web Resource:
Illinois Premises Liability Act

Toyota Park

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March 29, 2010

DuPage County Injury Lawsuits Accuses Lombard Subway Restaurant for Serving Bacteria-Tainted Food

At least two DuPage County personal injury lawsuits have been filed against a Subway restaurant in Lombard. The restaurant is linked to an outbreak of the Shigella sonnei bacteria.

DuPage County health officials have confirmed at least 21 cases of Shigella poisoning connected to the Subway food. 7 people had to be hospitalized. On March 4, officials shut down the restaurant, which is located on 1009 East Roosevelt Road.

One Illinois injury lawsuit, filed by Ron and Sarah Bowers, alleges injuries to a minor. They claim that a day after eating a Subway sandwich from the Lombard location, their son JB developed a fever, agonizing cramps, diarrhea, and became so dehydrated that he fainted. He went to see the pediatrician, was diagnosed with having the bacteria, and had to be rehydrated for several hours with intravenous fluids. A few days later, JB had to go to the doctor again because he was still experiencing the same symptoms, in addition to nausea.

Another Shigella sonnei victim, Barbara Romero, claims she too contracted the virus from the same Subway. She says she ate sandwiches from the Subway on February 23 and February 25. On February 27, she developed a high fever, abdominal crams, and diarrhea and started to vomit.

Her husband had to get out of a class to rush her to a Hinsdale hospital. She tested positive for the bacteria and was treated with antibiotics and intravenous fluids. She was hospitalized for a few days, but she says that even after she was discharged she still experienced gastrointestinal problems.

Restaurants are supposed to make sure that the food they serve patrons are not contaminated and the kitchen and its workers meet sanitation and cleanliness requirements. In the event that someone gets sick because food served at a restaurant is tainted or the kitchen is a health hazard, the restaurant owners can be sued for Chicago, Illinois personal injury.

Lawsuits Filed in Subway Shigella Outbreak, Food Safety News, March 12, 2010

Lombard Subway accused of serving bacteria-tainted sandwich, Sun Times, March 12, 2010


Related Web Resources:
Shigella sonnei infection, Wrong Diagnosis

Subway

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March 18, 2010

Man Files Illinois Personal Injury Lawsuit Against Hampton Inn After Allegedly Contracting Legionnaire’s Disease in Hot Tub

An Illinois man is suing the Hampton Inn in East Peoria for personal injury. Dale Larson says he got Legionnaire’s disease while in a hotel hot tub and that this caused him to suffer permanent brain damage and catastrophic injuries, including partial paralysis, vision loss, and speech loss.

The 58-year-old plaintiff stayed at the hotel on December 30, 2007. He spent approximately an hour and a half in the hot tub to relieve is lower back pain. He told staffers that the water, which was lukewarm, needed to be hotter. They responded by telling him that even though the tub needed servicing, it was safe for use.

Larson’s Illinois premises liability lawsuit is accusing the hotel of failing to properly sanitize the tub. It also contends that the hotel failed to follow Illinois Department of Public Health regulations for hot tubs. The complaint says that on six occasions, the IDPH had closed the spa to the public. In August 2007, it ordered that the spa be super-chlorinated.

Legionnaire's Disease
Caused by the bacteria Legionella, at least 8,000 people in the US are hospitalized every year because of this illness. Many incidents go unreported or undiagnosed.

Legionella is usually found in warm water, such as the water found in hot water tanks, cooling towers, hot tubs, large plumbing systems, and in certain air conditioners. Legionnaire's Disease isn’t passed between people. People can get it by inhaling vapor or mist that has been contaminated with Legionella. A whirlpool spa that isn’t properly disinfected or cleaned is one place where someone who breathes in the steam might contract this illness.

Elderly persons, smokers, and people with weak immune systems are at risk of getting Legionnaire's Disease. Up to 30% of Legionnaire’s Disease result in fatalities.

If you believe that your illness occurred because a premise owner failed to remove a hazardous or toxic substance from a property or neglected to properly sanitize a facility, you may have grounds for a Chicago, Illinois injury lawsuit.

Man says he got illness from hot tub, PJStar.com, March 15, 2010

Patient Facts: Learn More about Legionnaires' disease, CDC


Related Web Resources:
Illinois Department of Public Health

Legionella

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February 25, 2010

$14.7 Million Chicago Personal Injury Settlement Reached in Trampoline Accident that Left 8th Grader a Quadriplegic

The Chicago Board of Education and the Chicago Youth Centers have reached a nearly $14.7 million Chicago, Illinois personal injury settlement with Ryan Murray. The 30-year-old Chicago resident was just 13 when he got hurt during a tumbling class at a South Side elementary school in December 1992. A Chicago Youth Centers employee was supervising the class, and the trampoline belonged to the Chicago Public Schools.

After striking his head while jumping off a mini-trampoline, Murray became a paraplegic. He filed a Chicago personal injury complaint suing for damages.

His Chicago injury lawsuit has been making its way through the Illinois court system for years. The Illinois Supreme Court tossed out the complaint in 2006 after determining that Murray couldn’t sue a government entity. The state’s highest court says that in order to be considered an exception to the law that doesn’t allow injured parties to sue government bodies, the injury needed to have been intentional.

Murray’s Chicago personal injury lawyer, however, argued that the school and others involved were reckless in the way that they conducted the class, which was an extracurricular activity that took place at lunch. The Illinois Supreme Court agreed to hear the case again and in 2007, reversed itself, making way for the Illinois injury lawsuit to move forward.

The Cook County injury trial had been scheduled for this month.

Quadriplegia
This condition, which involves a spinal cord injury, leaves a person paralyzed from the neck down. Quadriplegics are generally unable to move their bodies and they may also suffer from digestion problems, respiratory issues, serious pain, sexual dysfunction, bowel issues, bladder problems, muscle spasms, and a shorter lifespan. The medical expenses for someone leaving with this type of SCI can be astronomical, which is one reason it is important to obtain the maximum financial recovery from all liable parties.

$14.7 million settlement in trampoline suit against CPS, Chicago Breaking News, February 25, 2010

17 years later, $14.6M settlement in trampoline injury suit, Chicago Sun Times, February 25, 2010

Related Web Resources:
Chicago Board of Education

Chicago Youth Centers

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February 23, 2010

Man Files Chicago, Illinois Personal Injury Lawsuit Blaming Salami as the Cause of His Salmonella

In Cook County Circuit Court, Raymond Cirimele is suing Mincing Overseas Spice Company, Wholesome Spice, and meat company Daniele International Inc. for Chicago personal injury. The 55-year-old Chicago resident says he contracted salmonella after eating salami, which is his favorite snack.

Cirimele, who is out of work, says he lost six pounds, was sick for three weeks, and continues to experience joint pain. He tested positive for the bacteria connected to the nationwide salmonella outbreak and had to take antibiotics.

A couple of weeks ago Costco sent him a recall notice regarding the salami. The meat company recalled over 1 million pounds of salami in January, temporarily stopped making salami items, and replaced its spice suppliers.

So far, the Centers for Disease Control and Prevention is reporting that 225 people in the US have been affected by the salmonella outbreak. 15 of them live in Illinois. Wholesome Spice has been pointed to as the likely source.

Also this month, 61-year-old Harold Hanks sued Wholesome Spice and Daniele for his foodborne illness. Hanks bought the salami products at Wal-Mart and got sick within days of eating the food items. Nausea, diarrhea, severe dehydration, and a bacterial infection led to him making a trip to the hospital emergency room.

Three kinds of Salmonella:

• Gastroenteritis
• Bacteremia
• Typhoid fever

Possible salmonella infection complications include bacteremia, typhoid fever, and Reiter’s syndrome. Salmonellosis, an infection, can lead to death, especially if the patient is a baby, an elderly person, or another person with a weakened immune system.

You may have grounds for filing a Chicago, Illinois products liability lawsuit against a food manufacturer, retailer, or distributor responsible for the food item that made you ill.

Chicago man sues claiming salami made him sick, Associated Press, February 12, 2010

61-year-old man sues national company, News-Leader, February 13, 2010


Related Web Resources:
Salmonellosis, CDC

Daniele International Inc.

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February 18, 2010

Woman Files Chicago Personal Injury Lawsuit Against Ex-Boyfriend For Recording Sex Tape

A woman who says she never gave her ex-boyfriend permission to shoot video footage of the two of them having sex is suing him for Chicago personal injury. In her Cook County injury lawsuit, “Jane Doe” is seeking at least $50,000 in damages.

She claims that she was emotionally devastated and very embarrassed to discover that a sex video existed. She is accusing her ex-boyfriend of violating Illinois’s eavesdropping law that requires that everyone included in a recording be notified.

Jane Doe says she and the defendant were last together in April 2008. However, it wasn’t until last year when another ex-girlfriend of the man let her know that the video existed. The woman sent the CD to Jane Doe, who says that she was so affected by the discovery that she is now frightened to become emotionally involved with another person in case she gets hurt again. Jane Doe says there was nothing in her ex-boyfriend’s South Loop Apartment to indicate that their activities were being recorded. The plaintiff’s Chicago injury lawyer says that he and his client believe that the sex footage has been shown to others.

Meantime, the defendant of Jane Doe’s Chicago, Illinois personal injury lawsuit has denied the allegations to The Sun-Times.

Chicago Personal Injury Lawsuits
A person can sue for Chicago, Illinois personal injury as a result of both physical and emotional injuries that were caused by another party's negligence, carelessness, or recklessness. Grief, depression, embarrassment, emotional trauma, mental anguish, anxiety, and fright are some of the emotional injuries a person can sustain.

Woman sues ex for making sex tape without her permission, Chicago Sun-Times, February 17, 2010


Related Web Resource:
Types of Personal Injury Damages, Justia

Illinois Eavesdropping Statute, The Reporters Committee for Freedom of the Press

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February 15, 2010

DuPage County Judge Wants Jury To Rule on West Chicago Injury Lawsuit Involving Errant Golf Ball

A judge in DuPage County wants a jury to decide whether a golfer should be held liable for his ball that accidentally struck a woman on the head. Raymond Kinney, a Naperville businessman, was playing golf on August 25 at the DuPage County Republican Day, sponsored by St. Andrews Golf & Country Club, when his ball flew into West Chicago resident Lillian Demo's yard, which is located next to the golf course.

Demo filed a DuPage County personal injury lawsuit against Kinney in 2007. She is also suing St. Andrew. Demo claims that her migraine headaches are a result of the golf accident. She also contends that her permanent and serious injuries have impeded her daily life.

In her Illinois personal injury complaint, Demo accuses Kinney of failing to properly aim his shot, incorrectly executing his swing, and failing to warn her that a golf ball was approaching. Meantime, Kinney claims that someone in his party shouted “fore” to warn that there was an errant golf ball might pose a hazard to others.

Judge John T. Elsner said that golfers must be careful and not cause injury to anyone on or near the golf course. Also, Illinois doesn’t have a law stating that people who buy residences next to golf course are assuming the risk of possibly getting struck by any balls.

Errant golf balls can cause serious injuries and Demo’s West Chicago injury lawsuit is not the first one filed by someone suing for damages for a resulting injury. Other golf-related matters that have been cited as grounds for a personal injury lawsuit are golf cart accidents, and fall accidents on the course or at the golf club.

Judge: jury to consider negligence in golf lawsuit, Chicago Tribune, February 11, 2010

Slice could leave golfer on hook in lawsuit, Naperville Sun, February 14, 2010


Related Web Resource:
Andrews Golf & Country Club

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January 14, 2010

La Grange High School Athlete Files Cook County Personal Injury Lawsuit After He Loses Finger During Weight Lifting Accident

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

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January 6, 2010

$100 Million Chicago Injury Lawsuit Accuses Police of Mishandling Mentally Ill Suspect

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

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December 11, 2009

Lansing Woman Sues for Illinois Personal Injury After Husband Sustains TBI from Falling Off Golf Cart

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

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November 20, 2009

Illinois Personal Injury Lawsuit Plaintiff Says He Suffered Psychological Trauma After Head Injury Deaths of Fellow Two Passengers on Double Decker Bus

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)

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October 21, 2009

With Sweat Lodge Deaths and Injuries, Wrongful Death and Personal Injury Lawsuits are Likely

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" »

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October 15, 2009

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

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" »

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August 19, 2009

Parents of Paralyzed Teenager Sue Chicago Prep School for Injuries to Minor

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

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August 12, 2009

Chicago Injury Prompts Diabetic to File Police Brutality Lawsuit

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

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July 26, 2009

Son of Retired Cook County Judge Sues Him for Chicago Personal Injury

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 " »

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July 23, 2009

McDonald’s Sued for Illinois Personal Injury After Teenager Gets Hepatitis A

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

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July 12, 2009

Chicago Personal Injury Lawsuits Filed Over Cemetery Desecrations

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

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July 2, 2009

Chicago Personal Injury: Man Sues Former High School Teammates for 1999 Hazing

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

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June 5, 2009

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

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" »

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June 2, 2009

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

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

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April 9, 2009

Chicago Personal Injury: Illinois Man Sues Police for Brain Injury Sustained During Alleged Police Brutality Incident

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" »

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April 2, 2009

Student Sues University of Chicago for Illinois Personal Injury After School Nurses Fails to Administer Rape Kit

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

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January 29, 2009

Illinois Wrongful Death Lawsuit and Personal Injury Lawsuits Filed in Semi-Tractor Trailer Accident

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

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January 15, 2009

NSC Wants All US States to Ban Drivers from Using Cell Phones

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

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December 29, 2008

Two Women File Illinois Truck Accident Lawsuit Against Trucker and His Employer

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

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October 14, 2008

2 Chicago Car Accidents Leave 1 Person Dead and 11 Others Injured

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" »

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September 25, 2008

More Mesothelioma Lawsuits Filed in Illinois

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

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August 27, 2008

Chicago Man Says He Was Paralyzed After Being Struck by Falling Masonry

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" »

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June 11, 2007

Chicago Family Wins Lawsuit For Accidental Shooting Wrongful Death Claim

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.

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May 31, 2007

Aurora OSHA Inspector Witnesses Unsafe Construction Site In Chicago That Could Have Led to a Serious Injury or Death

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.



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May 25, 2007

Chicago Ironworker With Herniated Disc Receives Settlement

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.


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May 23, 2007

Illinois Dog Bite Law and Information

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.


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May 19, 2007

Finding The Right Chicago Personal Injury Lawyer For You

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.

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May 16, 2007

Experienced Chicago Attorney Gives Automobile Accident Advice

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.

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May 15, 2007

Defective Product Bursts Into Flames Severely Injuring Chicago Woman

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.

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