Chicago Injury Attorney Blog

The mother of a Lake County man who died in a Dunkin’ Donuts bathroom has filed a Chicago, Illinois wrongful death lawsuit against Dunkin Donuts, Dunkin’ Brands, Inc., Rahim N. Merchant, Rahim A. Merchant, and Anupam R. Patel.

According to Halina Zalewski’s complaint, her son Simon Chruszcz went into the bathroom at the Dunkin’ Donuts located at 6336 W. North Avenue. When he did not come out of the bathroom for a certain period of time, another customer became worried and knocked on the door.

When Chruszcz didn’t respond, the customer got down on the ground, peered under the door, and saw Chruszcz on his back. The customer tried to kick the door open but an employee yelled at him.

The customer “implored” the Dunkin’ Donuts workers to call for help but they ignored his plea. He contacted 911 after leaving the restaurant.

Chicago police and fire workers arrived more than two hours after Chruszcz went into the bathroom. He was pronounced dead at the hospital.

Zalewski alleges that the defendants would not go into the restroom or call emergency services even though they knew that one of the customers was immobile on the ground and not responding. She is demanding over $180,000.

If your loved one died on another party’s property and you believe that the premise owners or manager could have or should have done more to prevent the death from happening, you may have grounds for filing a Chicago wrongful death lawsuit against all negligent parties.

Premise owners and supervisors are supposed to make sure that there is no condition or situation on the property that could contribute to a patron, client, customer, or visitor getting hurt or dying. Failure to fulfill this duty of care can be grounds for a Chicago premises liability lawsuit if someone is injured.

Man dies in a Chicago Dunkin' Donuts bathroom, mother sues franchise, Chicago Now, June 22, 2009

Premises Liability Overview, Justia

Related Web Resource:
Dunkin' Donuts

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Posted In: Premises Liability , Wrongful Death

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In Illinois, the family of Marcellus Perry has filed a police brutality lawsuit against the Chicago police for his wrongful death. Perry was shot in the head by a police officer on June 11 during a foot chase.

Perry was riding in a car when two Chicago cops stopped the driver, Perry’s friend, for a traffic violation. Some witness accounts report that the cops drew their weapons fairly quickly and that is when Perry ran from the scene.

Police claim that the shooting was an accident and that Perry struck one of the cops, causing the police offer’s weapon to accidentally go off and strike the 22-year-old. Perry’s family is disputing the Chicago police’s account of what happened. There are witnesses that say that one of the Chicago police officers reportedly shot Perry while he had his back to the cop.

The Chicago police brutality lawyer representing Perry’s family says that Perry did not have any drugs or weapons on him at the time of the shooting.

Perry, who has two drug possession convictions on his criminal record, had just served half of a 3-year prison sentence at the Cook County Jail. He was on probation at the time of the police shooting. Perry’s mother, Desiree Barnes, says that her son was scared of police.

Police Brutality
Chicago police officers must never use excessive violence when questioning or apprehending a suspect. They also must never inflict unnecessary harm on someone by using excessive force—especially when that person does not pose a threat to them.

Over the years, there have been too many incidents of people getting hurt or abused because certain Chicago police officers used unnecessary measures when questioning a suspect, trying to make an arrest, or when persons have been in police custody. Just last month—in an unrelated case—the Chicago Explainer reported that the city had already approved $19.8 million in settlements for claims filed by just 4 out of the over 100 men who say they were tortured while in police custody during the 1980’s.

Family of man fatally shot by Chicago cop files lawsuit, Chicago Tribune, June 18, 2009

Family of slain man suing CPD, ABCLogal.go.com, June 18, 2009

How much has the city of Chicago paid out to victims of police torture?, Chicago Explainer, May 19, 2009

Related Web Resources:
Chicago Police

30 Cases of Extreme Police Brutality and Blatant Misconduct, Brainz.org

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Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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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

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Posted In: Injuries to Minors , Personal Injury , Premises Liability , Traumatic Brain Injuries , Wrongful Death

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The family of 31-year-old Sheri Coleman has filed an Illinois wrongful death lawsuit against her husband, Christopher Coleman. Coleman is charged with three counts of first-degree murder for her death, as well as the deaths of her two young sons, Garett, 11, and Gavin, 9. All three of them were found strangled in their Columbia, Illinois residence on May 5.

The Illinois wrongful death lawsuit accuses Coleman of being responsible for the three murders. Sheri's family reportedly want to make sure that no on profits from the killings. They are also wondering why her name was taken off the deed of their home last year.

Police discovered the bodies after Coleman, 32, contacted police from a gym to tell them that he called his house that morning and no one answered. The police had been made aware of threats Coleman’s family had allegedly received.

Following the murders, the walls of the Colemans' home reportedly had words spray painted on them in red, including “u have paid,” “punished,” and “whore paid.” According to some police reports, Coleman may have been having an affair with a woman that his wife knew.

Wrongful Death Lawsuits for Murder Cases
If someone you love was murdered, you may be able to file a wrongful death lawsuit against the alleged killer. Examples of high profile murder cases where a wrongful death lawsuit was filed include:

• The civil suit filed against OJ Simpson. Although Simpson was acquitted in criminal court, a civil court ordered him to pay the familiesof Nicole Brown Simpson and Ronald Goldman $33.5 million.

• The mother of Lana Clarkson is suing music producer Phil Spector for her daughter's wrongful death. Just this week, Spector was sentenced to 19-year to life in prison for the actress's murder.

Phil Spector gets 19 years to life for actress' murder, Los Angeles Times, May 29, 2009

Family sues husband for wrongful death, UPI, May 26, 2009

Chris Coleman Pleads Not Guilty To Murder Charges, Fox 2, May 20, 2009

Related Web Resources:
Wrongful Death Overview, Justia

Illinois Wrongful Death Act

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The widow of a man who died of lymphoma in 2003 is suing the Illinois village of Crestwood for his wrongful death. Michele Maan De Kok’s Cook County, Illinois wrongful death lawsuit contends that he became ill after drinking contaminated water while living there from 1969 to 1990.

John Maan De Kok was diagnosed with stage IV non-Hodgkin’s lymphoma in 2000. When he died, he left behind his wife Michele and their two young children. Maan De Kok’s family members had no idea why he had this particular kind of cancer, which is normally found in industrial workers that have been around hazardous chemicals. It wasn’t until Michelle read last month’s Chicago Tribune report that she linked the contaminated water to her husband’s death.

The newspaper conducted an investigation that found that for over 20 years, Crestwood leaders allowed people to drink water from a well that the Illinois Environmental Protection Agency had discovered contained toxic chemicals. Crestwood village reportedly told the EPA that it was going to shut down the well. Village officials also told residents that the water they were drinking was treated and came from Lake Michigan even though drinking water continued to come from the contaminated well until December 2007.

Following the Tribune’s publication of its findings, Illinois Governor Pat Quinn asked the Illinois EPA to explain how residents were allowed to drink the tainted water for all those years and why they were never notified that they could have been exposed to toxins. Last month, Illinois EPA officials offered a number of explanations. They said the well had been contaminated for so long that it did not fall under a 2005 state law requiring an issue of notification, the pollutants in the tap water didn’t go above legal limits, and the toxins did not pose a public health risk.

However, the well in Crestwood contains twice the legal limit of vinyl chloride, which has been linked to cancer. According to the US EPA, any kind of level of exposure to this chemical is not safe.

Also last month, a Crestwood resident filed a proposed class-action lawsuit for the thousands of residents that lived in the village between 1986 and 2007. The defendants in the complaint are the Village of Crestwood, current Mayor Robert Stranczek, and former Mayor Chester Stranczek. Joseph Marzano's complaint accuses the defendants of negligence and recklessly disregarding the village residents’ safety.

Illinois Wrongful Death
You may be entitled to Illinois wrongful death recovery if your loved one died because another party acted negligently or carelessly.

Crestwood Water: Cancer Victim's Widow Sues Village , May 15, 2009

Lawsuit filed over Crestwood water contamination, Chicago Breaking News Center, April 24, 2009

Crestwood residents angry about tainted water, ABC Local, April 20, 2009

Related Web Resources:
Village of Crestwood

Illinois Environmental Protection Agency

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Posted In: Premises Liability , Wrongful Death

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In Illinois, the family of 6-year-old Dijion Sanders is filing a Chicago wrongful death lawsuit. The garage door crushed the boy in his Calumet Heights home on Saturday night.

Sanders was transported to the University of Chicago’s Corner Children’s Hospital where he was soon pronounced dead. His family plans to sue the owner of the home, the garage door manufacturer, and the installer of the door for his wrongful death. They contend that the door should have had electronic sensors.

Products Liability Lawsuits
The manufacturers and sellers of consumer products are legally obligated to make sure that their products are safe for use. This means that they must design, make, and/or sell products that are free from dangerous defects, come with the proper safety warnings and precautions, and include correct and complete operating instructions. If someone gets hurt or dies because the manufacturer or another liable party failed to fulfill its duties of care to the product's consumer or user, the responsible party can be sued for Illinois products liability or wrongful death.

Examples of product defects include:
Design defects: The product has a defect in its design and this defect led to an injury or death.

Marketing defects: Insufficient instructions or inadequate warnings or marketing that didn’t provide enough/the right information.

Manufacturing defects: Defects that occur during the manufacturing process.

A product liability claim can be filed on the grounds of negligence or breach of warranty. A products liability lawsuit can also be brought on the grounds of strict liability. In these cases, the liable parties may not have necessarily done anything careless or negligent, but the product that caused the injury or death proved to be dangerous or defective despite the liable parties best efforts.

Family Sues After Garage Door Crushes Boy, CBS2Chicago.com, May 13, 2009

Boy killed by garage door, Chicago Breaking News, May 10, 2009

Related Web Resources:
Products Liability Overview, Justia

Premises Liability Overview, Justia

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Posted In: Premises Liability , Products Liability , Wrongful Death

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The mother of a teenager who was Tasered by police has settled her Illinois police brutality lawsuit over his wrongful death. Roger Holyfield, 17, died in October 2006 following an altercation with police. The Illinois wrongful death lawsuit filed by Rita Cummings names the Jerseyville Police Department and the city of Jerseyville as defendants.

Court documents indicate that Holyfield was shouting “I want Jesus” and carrying a Bible when police approached him. The cops claim the boy became combative.

According to the police brutality complaint, Jerseyville cops used excessive and unreasonable force when they arrested Holyfield without sufficient cause. The complaint contends that he was handcuffed, armed, and on the ground facedown when police officers Tasered him a number of times.

Holyfield started throwing up. He was rushed to the hospital and died on the way there. According to the medical examiner, his died from natural causes as a result of excited delirium. His family, however, says that he died because of police brutality and the use of the Taser.

Exited delirium has been cited as a cause of death by people who were acting in a hyperactive or erratic way before dying while in police custody. It is a state that is often noted after a person has been Tasered by police and only shows up as a cause of death when the person was restrained. A special prosecutor who investigated Holyfield's case, however, says the two Jerseyville cops that confronted the teenager are not criminally liable for his death.

Use of Tasers by police to apprehend suspects has generated some controversy in light of the fact that some suspects have died after they were stunned by Tasers. Amnesty International says that Taser use is a factor in at least 350 fatalities. In December 2008, Amnesty reported that about 90% of Taser-elated deaths involving police were suspect who did not seem to pose a threat.

Illinois Police Brutality
Police are never allowed to use excessive force of any kind when questioning, apprehending, arresting, or guarding a suspect or a defendant. If you feel that you are a victim of police brutality, you may have grounds for filing a Chicago personal injury lawsuit.

Illinois mother settles stun gun wrongful death lawsuit, Justice News Flash, May 4, 2009

Settlement in Ill. teen death involving stun gun, Chicago Tribune, May 3, 2009

Taser Abuse in the United States, AmnestyUSA.org

Related Web Resource:
Less than Lethal, Amnesty USA (PDF)

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In Will County, Illinois, the family of Drew Peterson’s third wife is suing former Bolingbrook cop Drew Peterson for wrongful death. Their civil lawsuit contends that Peterson killed Kathleen Savio.

Peterson first came under public and media scrutiny after he became a suspect in the disappearance of his fourth wife Stacy. While Savio’s death in 2004 was originally ruled accidental, her death is now being called a homicide. Police reopened her case after Stacy, 23, disappeared in October 2007.

Savio’s family has been waiting for a special grand jury to determine whether to indict Peterson for her death. Known as “Kitty,” the 40-year-old woman was found dead in a dry bathtub in her home. She died about a month before she was scheduled to appear in court for the approval of the division of her assets with Peterson.

After her death, Savio’s two sons received a life insurance payment of $1 million. The former cop also received money from other insurance policies, as well as profited from the sale of their residence and a bar. Savio’s children, who are now teenagers, continue to live with Peterson and the children that he had with Stacy.

Her family’s Illinois wrongful death lawsuit claims that one of the jurors involved in the inquest was a cop who told other jurors that he knew Peterson would never hurt Savio. The complaint says that Peterson was able to enter Savio’s home after they separated by using a garage door opener and cutting out part of a wall so he could crawl through. Peterson says he did cut a hole into the wall but that it was because Kathleen had changed the locks on him. On the day that Savio was buried, the family says that Peterson retrieved personal property that had yet to be inventoried.

Drew Peterson sued: Peterson faces lawsuit over death of Kathleen Savio, Chicago Tribune, April 22, 2009

Family of Drew Peterson's late wife files lawsuit, KTTC, April 21, 2009

Related Web Resources:
Peterson case timeline, Mysuburbanlife.com, October 27, 2008

Wrongful Death, Justia

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In Illinois, Desiree Hendricks has filed a Chicago wrongful death lawsuit against Cook County, City Colleges of Chicago, and ex-con Bennie Teague. Teague has been charged with killing Desiree’s husband Marcus on April 18, 2008.

Marcus owned Hendricks Plumbing & Sewer, a plumbing business on the South Side, and he had hired Teague to work for him as part of a program that assigned ex-offenders to businesses. The program, the “Re-Entry Employment” project, was jointly run by City Colleges of Chicago and Cook County. Teague worked under Marcus for about a year.

Hendricks, 34, was reportedly seated at his desk when Teague, who was no longer employed by him, allegedly entered the plumbing business and shot him in the stomach using an AK-47 rifle. According to witnesses, Teague was seen walking out of the building and placing his gun in a plastic bag. He then engaged in a shootout with a number of police officers.

Desiree maintains that Marcus only knew that Teague had a robbery conviction as a juvenile and was not told about his history of violent crimes. Teague served time in prison for threatening to shoot his girlfriend. He was arrested in the murder of Curtis Gates in 2001 but was acquitted. He was charged with Hendrick’s murder and the attempted murder of police.

Some Reasons Why Someone Might File an Illinois Wrongful Death Claim:

• Negligent driving
• Medical malpractice
• Inadequate security
• Failure to exercise a certain duty of care
• Products liability
• Murder
• Train accident
• Work accident
• Exposure to hazardous substances
• Hazards on a premise
• Nursing home abuse or neglect
• Police brutality
• Construction accident death

Work program sued by victim's widow, Chicago Sun-Times, April 18, 2009

29 people shot over weekend, at least 6 killed, ABC Local, April 20, 2009

Related Web Resources:
Wrongful Death Overview, Justia

Wrongful Death Act, Illinois General Assembly

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In Cook County Circuit Court, the family of a boy who drowned in a pool at a condominium is suing Lincolnway Management Co. and Stonebridge Condominium Association for his Illinois wrongful death. Jamar Garrett died on July 18, 2007.

Garrett and a few friends had hopped a fence to enter the condo property and swim in the pool. Now, his family is accusing the Illinois wrongful death defendants of major safety violations, including failing to maintain a pool enclosure that was safe and not having a “life-hook” at poolside.

The Cook County lawsuit also accuses the defendants of violating a number of safety provisions under the Illinois Pool and Beach Bathing Act, including the requirement that a protective wall fully enclose a pool. Any gate that surrounds the pool is supposed to be at least four feet high.

The complaint recounts that Jamal’s brother tried to find him in the water but couldn’t see him because the water was very murky. He then tried to find a pole that he could place in the water for his brother to grab onto but he could not find one. He had to watch his older brother drown.

Premises Liability
Property owners are obligated to make sure that there are no hazardous conditions on a premise that could cause injury or death. Pool owners and managers are also supposed to do the same.

According to the Illinois Swimming Pool and Bathing Beach Code, rescue equipment needs to be easily available at a pool, including:

• A shepherd’s crook or life hook that is at least 12 feet long
• A US Coast Guard approved ring buoy
• An emergency phone accompanied by an emergency contact list
• Lifeguard stations

Among the general design requirements for pools:
• The pool area needs to be completely enclosed by a protective barrier that is at least four feet high.
• There must be a self-closing, self-latching entrance to into the pool enclosure and secure locking of the entrance must be possible.

More than 3,500 people died in accidental drownings in the US in 2005. Kids 14 years of age or younger make up more than one in four deadly drowning deaths. Even nonfatal drowning accidents can be catastrophic, resulting in traumatic brain injuries.

Family Files Suit Over Drowning Death Of Son, CBS2Chicago.com, March 25, 2009

Illinois Swimming Pool and Bathing Beach Code, Ilga.gov

Water-Related Injuries: Fact Sheet, CDC

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In Cook County Circuit Court, Christine Sanders filed her Illinois wrongful death lawsuit against the city of Chicago, its fire department, and its police department. She is seeking over $100,000 in damages.

Her Chicago complaint contends that her son Mario, who had mental issues, wouldn’t have died if the city and its departments hadn’t failed in their duty to him when they carelessly responded to a 911 call about him, neglected to rescue him in a timely manner, and failed to warn him that there was a train approaching.

Mario was struck by a train on April 8, 2008 after entering the train tracks. Someone made a 911 call to rescue him but he was hit by the train before anyone came.

Some Reasons Why Train-Pedestrian Accidents Happen:
• Trains move at fast speeds
• After stepping on the emergency brakes, trains need to travel a mile before stopping.
• Trains are not as noisy as they used to be, which means someone who isn’t facing the train might not hear the train until it is 100 feet away.
• A train’s width can extend more than three feet outside the train rails.
• Two trains can be traveling next to each other on tracks that are side by side.
• Trains are known to switch directions.
• A train that is approaching may look like it is traveling slower than its actual speed.

That said, a pedestrian may get hurt in a train accident cbecause another party was negligent or careless. It is important that you speak with an experienced Chicago train crash law firm who understands train accidents and how to thoroughly investigate them so that the responsible parties can be held liable for personal injury.

Mother Blames City For Son's 2008 Death, CBS2Chicago.com, April 7, 2009

Related Web Resources:
City of Chicago

Federal Railroad Administration Office of Safety Analysis

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Posted In: Train Accidents , Wrongful Death

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In Cook County Circuit Court, six months after 17-year-old Marvin Williams was shot to death after being apprehended by Chicago police, his mother is suing the city for her son’s wrongful death. The tragic shooting incident happened on September 16, 2008 while he was being arrested.

Chicago police arrived at South Marshfield Avenue after someone reported gunfire. They spotted a vehicle matching the description of one connected to the shooting and pulled it over. Police say that one of the officer’s was confronted by an armed offender and the cop fired his weapon, hitting Marvin. The Cook County medical examiner’s office says the teenager was shot several times. The Independent Police Review Authority has been investigating the shooting incident.

Demetria Williams’s wrongful death lawsuit is accusing the Chicago police of using unnecessary deadly force, recklessly removing the safety of the gun, and intentionally discharging the gun while it was pointed at him. Her complaint is claiming false arrest, false imprisonment, and survival action.

Police Brutality
Chicago police officers are required to restrain themselves from using excessive force when apprehending suspects. Police brutality is a violation of a person’s human rights even if they have been arrested, charged with, or convicted for committing a crime.

According to a Chicago Tribune investigation in 2007, a review of over 200 police shooting cases over a 10-year period revealed that police probes tend to use a separate set of standard of justice. In at least 12 incidents, police officers shot civilians who weren’t even facing them. They have also been known to shoot people who were unarmed and/or innocent.

Out of the 100 people that were killed and the 250 others injured in Chicago police shootings that took place over a decade, less than 1% of these shooting incidents were considered unjustified. Also, during some investigations into police shootings, the newspaper's probe found that witnesses were frequently not sworn in and conversations were not recorded.

Chicago police shootings have resulted in $59 million in police brutality settlements and verdicts against the city of Chicago.

Mom Sues City In September Shooting Death of Son, WBBM Radio, March 7, 2009

The rush to clear police in shootings, Chicago Tribune, December 5, 2007

Related Web Resources:
Chicago Police Department

Chicago's finest under fire for brutality, CNN.com, September 28, 2007

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In Illinois, the mother or 18-year-old Ruben Ivy is suing the Chicago Board of Education for wrongful death. Ivy, a high school Jr., was killed on March 2008 during a shooting outside Crane High School.

In her Chicago wrongful death lawsuit, Emily Green says the city’s board of education ”voluntarily undertook” a system to keep guns off the school premises and that that system did not work. She also accuses the board of knowing that weapons, including the gun that was used to murder her son, were being brought onto the school campus.She is seeking over $50,000 in wrongful death damages.

Ivy’s slaying was gang-related and involved another boy approaching him and shooting him in the chest. Witnesses at the school have identified Ivy’s murderer as 15-year-old Devonte Smith.

Smith was arrested and charged as an adult for first degree murder in Ivy’s shooting death. Another 15-year-old was critically injured during the same altercation when he was beaten with a golf club.

Green, a former Crane High School student, says she was also shot during a gang altercation when she was studying there.

Schools, daycare centers, summer camps, and other institutions and organizations in charge of supervising children are required to exercise a duty of care to make sure that kids are not injured or hurt while under their watch. Failure to exercise that duty of care can be grounds for an Illinois premises liability caseor a wrongful death lawsuit.

Reasons why a parent might decide to sue a school for personal injury to a son or daughter:

• Violent crimes
• Sexual assault
• Inadequate security
• Defective playground equipment
• Carbon monoxide exposure
• Food poisoning from contaminated foods
• Hazardous conditions on the premise that could cause serious injury

Mom sues Board of Ed after son killed outside Crane High School, Chicago Sun Times, March 10, 2009

Family sues CPS Board of Ed, ABC Local, March 10, 2009

Teen charged with murder in Crane shooting, ABC Local, March 9, 2008

Student fatally shot near West Side school, ABC Local, March 7, 2008

Related Web Resource:
Chicago Board of Education

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Posted In: Premises Liability , Wrongful Death

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In Chicago, two Roseland Community Hospital intensive care patients died after becoming infected with acinetobacter, a bacterium that sometimes can be found in ICU’s. The two victims, who lived at the same Chicago nursing home, were both elderly and had a number of serious medical conditions. It is unclear whether the bacterial infection contributed to their deaths.

The outbreak, however, did infect 7 out of 10 patients at the intensive-care unit before it was contained. Officials at the Roseland Community Hospital and at the Chicago Department of Public Health are conducting an investigation to determine how to prevent future outbreaks.

According to Tim Hadac, the department’s spokesperson, acinetobacter infections are not uncommon in healthcare settings because it is a common bacterium known to appear around people with compromised immune systems—especially in places where there are very sick patients. Acinetobacter can be spread through contaminated surfaces, environmental exposures, and person-to-person contact. It can also be found on people’s skin and in soil and water.

Dr. Brad Spellberg, who is a member of the Antimicrobial Availability Task Force of the Infectious Diseases Society of America, says that Acinetobacter, which reportedly can become resistant to every existing antibiotic, is a growing problem in US hospitals.

Acinetobacter
While Acinetobacter does not pose a serious health risk to healthy people, the Centers for Disease Control and Prevention reports that an infection can lead to serious health complications for people who have weakened immune systems, chronic lung disease, diabetes, are on a ventilator, have open wounds, or are staying in hospitals for extended periods of time. An acinetobacter infection can lead to serious wound or blood infections, pneumonia, and may become a cause or death.

Chicago hospitals are supposed to make sure that hospitals are clean and sanitary and that there are no conditions at the facility that could cause a patient's health to deteriorate. Failure to exercise this duty of care could be grounds for a Chicago personal injury or wrongful death lawsuit.

2 Chicago hospital patients with bacterial infections die, Chicago Tribune, March 3, 2009

Overview of Drug-resistant Acinetobacter Infections in Healthcare Settings, CDC

Related Web Resources:
Roseland Community Hospital

Chicago Department of Public Health

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Posted In: Medical Malpractice , Wrongful Death

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In Chicago, the daughter of an 89-year-old man who died after he was hit by a taxi in the city’s North Side is suing cab driver Mac Grempong and the taxi’s owners, the Checker Cab Company and Abdulah Abukatab, for her father’s wrongful death. Minh Pham was crossing Sheridan Road at Ainslee Street on February 7 when he was hit by a taxi driven by Grempong.

Now, Nicole Lynn Roberts is seeking over $50,000 in damages. According to her Chicago wrongful death lawsuit, Grempong failed to keep a proper lookout and slow down the speed of his cab while driving toward and crossing an intersection. The Illinois civil complaint also accuses the Chicago cab driver of failing to yield the right of way to an elderly pedestrian and failing to warn Pham that he was approaching by sounding his horn.

The Chicago pedestrian accident occurred just one block from the elderly victim’s home. Chicago police cited Grempong for failing to exercise due care when there was a pedestrian on the road and for driving his taxi without insurance.

According to the National Highway Traffic Safety Administration:

• 903 of the 4,654 pedestrians that were injured in 2007 were over 65-years-old.
• 60% of elderly pedestrian deaths that year took place at non-intersections.

Many older people are more easily prone to pedestrian accidents because of poorer eyesight or hearing, slowed reflexes, walking difficulties, prescription medication that can cause drowsiness, and the tendency to fall more easily. It is important that Chicago drivers exercise caution when operating their vehicles around pedestrians to prevent such catastrophic Illinois traffic accidents from happening.

Daughter Sues Cab Company Over Fathers Death, WBBM.com, February 25, 2009

Street Smarts for Senior Pedestrians, Safety.com

Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian Safety in Illinois

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In Illinois, the family of the driver who crashed his semi-truck into a Red Line station in Chicago’s Chinatown last year, injuring 21 people and killing 2 others, is suing the Chicago police for failing to give Donald Wells the medical treatment he required. Well’s wife Darlene says her husband suffered from a mental condition that caused him to experienced serious psychiatric and physical pain during the time he was in police custody for 48 hours following the accident.

He died last June due to multiple organ failure and pneumonia. Now, her Chicago wrongful death lawsuit is accusing the City of Chicago and a number of its police officers of playing a role in his death because of their indifference.

The 64-year-old was not intoxicated or under the influence of drugs when the deadly accident happened on April 25. Witnesses report seeing Wells bent over the steering wheel, as if he were asleep or had a heart attack, right before the deadly accident.

Wells was cited for negligent driving because of his involvement in causing the deadly crash. Soon after he was released from police custody, he was admitted to a local hospital.

Chicago police officers must provide civilians with a certain duty of care. When failure to provide that care leads to injury or death, the victims and/or their families may have grounds to file an Illinois personal injury or wrongful death lawsuit.

Reasons why someone might sue a police officer for wrongful death:

• Excessive use of force
• Taser-related death
• Failure to provide someone with the necessary help
• High-speed chase injury or death caused by police negligence
• Civil rights violations
• Police misconduct
• Sexual assault

Lawsuit: Cops refused to help driver in CTA crash, Chicago Breaking News, February 25, 2009

1 injured in crash, including driver, ABC, April 25, 2008

The truck driver whose semi smashed into a CTA station in April died, ABC, June 16, 2009

Related Web Resources:
City of Chicago

National Highway Traffic Safety Administration

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The father of Mersaides McCauley, a Chicago woman who was murdered by her ex-boyfriend, is suing the Illinois Corrections Department for her wrongful death. McCauley was fatally shot by Glenford Martinez in April 2008 before he committed suicide.

In November, Martinez, who was a convicted murderer choked McCauley to the point that she lost consciousness. She filed a domestic violence restraining order against the 35-year-old. While Illinois law allowed authorities to hold him without bail, he was allowed to remain free while waiting for the trial over the battery incident.

Right before the trial, Martinez shot her several times before shooting himself. The Illinois wrongful death lawsuit contends that police should have acted back when he choked McCauley.

Following that incident, the Illinois Corrections Department revised their policy. If the new rule had been in effect when Martinez assaulted McCauley, the domestic violence incident would have sent him back to jail. The new policy mandates that any parolee accused of stalking, domestic violence, violating a protection order, or committing a sexual offense, even if the offense is a misdemeanor, will automatically have violated his or her parole.

If someone you loved was a victim of a violent crime that occurred because another party was negligent or could have done more to prevent the incident from happening, there may have grounds for filing a Chicago wrongful death lawsuit against the responsible party.

For example, a premise owner may be held liable for wrongful death if he or she failed to maintain the proper security on a property. A murderer can also be held liable for wrongful death.

Slain woman's dad suing state, Chicago Tribune, February 14, 2009

Abusive parolees targeted, Courant.com, February 14, 2009

Murder exposes flaws in parole system Months after arrest for battery, parolee kills ex-girlfriend, self, April 11, 2008

Related Web Resource:
Illinois Department of Corrections

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The state of Illinois is ordering the Minee Subee daycare center in Lincolnshire to shut down after one of its workers was charged with the first-degree murder of a 16-month-old child who was being taken care of at the facility.

The daycare employee, Melissa M Calusinski, is accused of allegedly throwing Benjamin Kingan onto the floor on January 14 because she was frustrated that the children were making so much noise. The toddler sustained traumatic brain injuries, a skull fracture, and massive bleeding. Benjamin died from his injuries.

Kalunski was a teacher’s aid at the Chicago daycare center. She reportedly told investigators that she “forcefully threw” Benjamin to the ground after she lost her temper. Following the alleged assault, the toddler grabbed a blanket, climbed into a chair, and passed out. It was then that Kalunski contacted police and asked other workers for help.

Premises Liability
Chicago daycare centers and other facilities charged with the care or supervision of children are supposed to make sure there are no hazardous conditions or dangerous persons on a premise that could cause a child under their care any harm. When failure to properly supervise employees, remove or repair dangerous conditions, or provide proper security on the premise leads to injuries or death, the premise owner and others involved could be held liable with a Chicago personal injury or wrongful death lawsuit.

In an unrelated incident, The Chicago Sun-Times is reporting that a 30-year-old mother broke the window of a local daycare center when she saw that her son was alone and locked inside the facility. Police are looking into this matter.

Daycare where baby died shut down, Chicago Sun Times, January 30, 2009

Mom Finds Child Locked Inside Daycare Alone, Chicago-Sun Times, January 28, 2009

Grieving Mom Speaks at Toddler's Funeral, NBC Chicago, January 22, 2009

Toddler's 'injuries weren't apparent', Lake County News Sun, January 19, 2009

Continue reading "Illinois Orders Chicago Daycare Center Shut Down After Worker is Charged in 16-Month-Old’s Death" »

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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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In Cook County Circuit Court, Deborah Green filed her Illinois wrongful death lawsuit over the death of her son Darjon Taylor. The 22-month-old boy died in January 2008 after he became trapped in a fire at Porter’s Playhouse, a day care center in Chicago.

In her lawsuit, Green accuses day care owner and operator Thomasine Porter of not providing and properly maintaining working smoke detectors. The complaint also says that the city of Chicago neglected to cite Porter or shut down her facility.

Just two months before the fire started in Porter’s basement, which also serves as the day care center, Porter was cited for not having working smoke detectors. A smoke detector, however, did sound on January 16, 2008 when the fire broke out. Porter tried to douse the flames with a fire extinguisher. When her attempts proved futile, she began pulling the children out of the burning house.

The day care operator was able to rescue five of the kids under her charge. However, the flames became too large for her to reach Darjon, who was eventually rescued by firefighters. The found him hiding in a closet. Darjon, who experienced smoke inhalation, was later pronounced dead.

Smoke Inhalation
According to Emedicinehealth.com, the number one cause of fire-related deaths is smoke inhalation, resulting in 50-80% of fire fatalities. Smoke inhalation can take place when a person breathes in combustion products during a fire.

Premises Liability
Premise owners are supposed to make sure that there are not any hazardous conditions on a premise that can cause patrons, visitors, or residents to get hurt. If there are potential hazards, it is the responsibility of the property owner or manager to repair or remove them. Negligence to perform this duty of care could result in an Illinois premises liability or wrongful death lawsuit if someone is injured or dies.

Officials probe South Side day-care fire that killed toddler, Chicago MetroMix, January 16, 2009

Mother files lawsuit over son's death in 2008 South Side day-care fire, Chicago Tribune, January 15, 2009

Smoke Inhalation, Emedicinehealth.com

Related Web Resources:
Teaching preschoolers to be fire safe, Cyberstreet.com

Premises Liability Overview, Justia

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In Cook County Circuit Court, the daughter of James O’Neill, the man who was hit by a Metra train while crossing the tracks is suing Metra, the Commuter Rail Division of the Regional Transportation Authority, and the Union Pacific Railroad Company for his wrongful death. Maura K. O’Neill says the train could have stopped and avoided hitting her father if it hadn’t been speeding because it was running late.

The fatal train accident occurred on the morning of December 26, 2008, close to the Edison Park station. Union Pacific Northwest Line train No. 610, which was headed to South Chicago, was not scheduled to stop at this station. It was traveling at the full speed of 50-70 mph when it struck Mr. O’Neill, who was walking on a pedestrian crossing. He was pronounced dead about four hours later.

Maura O’Neill claims that the train conductor should have warned O’Neill that the train was moving at full speed. She also says that train workers neglected to properly look out for pedestrians who may have been on the train tracks, did not take extra steps to make sure there weren’t people around since it was running behind schedule, failed to activate the train's emergency brakes, and was traveling at a very fast speed even as it approached the crossing. Her Illinois wrongful death lawsuit seeks over $50,000 in damages.

Pedestrians and bicyclists who are struck by a train are often killed or left with serious, life altering personal injuries. While people crossing the tracks are supposed to be careful and take steps to avoid getting involved in a train accident, there are times when the railroad company, train operator, a railroad worker, or the train manufacturer could have done more to prevent the accident from happening.

Depending on the circumstances that leading up to a pedestrian accident, some examples of grounds for train accident lawsuits include:

• Failure to sound the train’s whistle
• Speeding
• Poorly trained or supervised train workers
• Poor train maintenance

Daughter of Man Killed by Metra Train Files Suit, WBBM, January 10, 2009

Related Web Resources:
Metra

Union Pacific

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Another Illinois wrongful death lawsuit has been filed in the drowning deaths of three North Lawndale College Prep Students who were attending a leadership retreat on the Fox River at Camp Algonquin last November 14. Jimmy Avant died after running into the river to try rescuing fellow students in a sinking paddleboat. Avant, 18, Adrian Jones, 16, and Melvin Choice, 17, were pronounced dead at the boating accident scene. This lawsuit's plaintiff is Jimmy’s father, Leonard Avant, who filed his complaint in Cook County Circuit Court.

Jones and Choice were riding in a paddleboat that had been winterized. Because the plug used to keep water from entering the boat had been removed, the boat sank.

According to the wrongful death lawsuit, the YMCA camp did not post any signs or notify the students that the boats were not in any condition to be used. The complaint also accuses North Lawndale College Prep of failing to provide better chaperones or properly supervise the high school students. The accident occurred after midnight when the chaperones had turned in for the night.

Named as wrongful death defendants are North Lawndale College Prep, YMCA of McHenry County, and VisionQuest Association, which was in charge of organizing the student leadership retreat. Leonard Avant is accusing them of negligence. He is seeking $50,001 in damages. Late last November, Melvin Choice’s mother, Virginia Choice, filed her Illinois wrongful death lawsuit against the three plaintiffs.

Schools and other organizations charged with the supervision of students can be held liable for personal injury or wrongful death if someone is injured because there was an unsafe condition on a premise or the victim was not properly supervised.

Father Of Drowning Victim Sues School, Camp, CBS2Chicago.com, January 9, 2009

Another suit filed in drownings, The Daily Herald, January 15, 2009

After kids drown, mom files lawsuit, Chicago Tribune, November 20, 2009

Related Web Resources:
North Lawndale College Prep

YMCA of McHenry County

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

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

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

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

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

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

Cell Phone Laws, Insurance Institute for Highway Safety

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

Illinois Cell Phone Laws, DMV.org

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

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Posted In: Automobile Accidents , Bus Accidents , Personal Injury , Truck Accidents , Wrongful Death

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The parents of 1-year-old Kirstin Blocker are suing Air Angels Inc., Reach Medical Holdings Inc., and the estate of pilot Del Waugh for their daughter’s wrongful death in a Medevac accident that occurred over suburban Chicago last October. Blockinger was being transported to Children’s Memorial Hospital when the helicopter struck a radio tower wire and crashed in Aurora, killing Kirstin and all three crew members. Waugh was piloting the plane.

The deadly aviation accident occurred on a clear day as the helicopter flew a familiar route. The reason for why the Air Angels pilot was flying the chopper so low is unclear. Kristin’s family says they hope their wrongful death lawsuit will lead to the development of greater safety measures to prevent future Medevac accidents from occurring. Their lawsuit is seeking unspecified damages from the defendants.

The Chicago helicopter crash is just one of nine Medevac accidents that occurred in the US last year, claiming at least 28 people’s lives. This is a dramatic increase from 2007, when 7 people died in just 2 Medevac crashes. The National Transportation Safety Board is recommending that aviation companies conduct risk assessments for each flight and install terrain avoidance warning systems on every aircraft. The FAA has yet to turn these recommendations into requirements.

Medevac Flights
EMS helicopters are supposed to quickly and safely transport people in need of medical attention to their destination so that they can get the care they need. In 2007 alone, some 400,000 people rode on EMS choppers.

Pilots, aircraft manufacturers, and all those involved in the operation and management of any aviation flight are supposed to exercise the proper care to ensure that their passengers safely reach their destinations. When failure to exercise that care, poor safety standards or procedures, product defects, pilot error, or crew negligence leads to injuries or deaths, an Illinois personal injury claim or wrongful death lawsuit may be brought against all negligent parties.

Parents sue over fatal copter crash, Daily Chronicle, January 6, 2009

Lawsuit filed in October Air Angels crash, ABC Local, January 6, 2009

Spike In U.S. Medevac Crashes Prompts Oversight, NPR, December 31, 2008

Related Web Resources:

EMS Helicopter Safety, Federal Administration Aviation

National Transportation Safety Board

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In Illinois, the state appellate court has ruled that the owners of Diamonds Gentlemen’s Club, a DuPage County strip club located near West Chicago, must remain a co-defendant in a wrongful death lawsuit filed against a man who drank alcohol at the club before causing a deadly drunk driving accident.

The DUI crash occurred on January 4, 2006 on Illinois 25 and was caused by John Homatas, a 26-year-old Wayne resident, when his SUV crossed the center line and struck another vehicle.

The owners of the strip club had argued that it should be excluded from the Illinois wrongful death lawsuit because their business did not serve the alcohol that Homatas consumed while at the club.The club is a BYOB establishment.

However, the court ruled that the strip club owed the plaintiffs a duty of care because its workers made Homatas leave the premise after they found him throwing up in the bathroom. They also let him get behind the wheel of a motor vehicle even though they knew he was drunk.

Homatas, who was drunk and also took cocaine prior to the crash, was convicted for causing the deaths of Yorkville resident April Simmons, her 8-month old fetus, and Homatas's friend, St. Charles resident John A. Chiariello.

According to the National Highway Traffic Safety Administration, there were 12,998 victims who died in drunk driving accidents in 2007. 434 of those deaths occurred in Illinois.

Illinois Department of Transportation Drunk Driving Facts:

• Approximately 310,000 people are injured because they were involved in drunk driving accidents.
• In 2002, 51,649 people were arrested for DUI in Illinois.

Strip club can't escape lawsuit, Daily Herald, December 4, 2008

Illinois Drunk Driving Fact Sheet, Illinois Department of Transportation

Related Web Resource:

National Highway Traffic Safety Administration

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In Illinois, the mother of a Joe Rizza Ford employee is suing two of the company’s car dealer agents for her son’s wrongful death. Kevin Devuono died after he was found unconscious in a Rizza-owned motor vehicle in downtown Chicago.

Her Chicago wrongful death lawsuit names Anthony Rizza and John Rizza as two of the defendants. According to the complaint, Devuono, who was a finance director at the Ford dealership, met with the two men at an Orland Hills bar. John Rizza then asked him to drive him to the Buzz nightclub. Devuono became so drunk, the lawsuit contends he required medical care.

Rather than get him medical attention, the lawsuit says John Rizza drove and parked the vehicle. Devuno remained in the car in freezing weather until he was found by a tow truck driver. The Chicago wrongful death lawsuit also names the Buzz nightclub as one of the defendants.

Dram Shop Injuries
Under the Illinois Liquor Control Act, a business owner can be held liable for causing a person to become legally drunk. If someone is injured by a drunk driver or another drunken party, the injured party is allowed to sue the drunk person, the business that sold or served the alcohol to the drunk person, as well as any other parties that may have acted negligently to cause the personal injury accident.

Illinois Wrongful Death
The surviving family members of someone who died in a preventable accident can sue the party who engaged in the negligent, reckless, or careless act that may have caused or contributed to their loved one's wrongful death. Illinois has a 2-year statute of limitations from the date of death for filing a wrongful death lawsuit.

Car dealer agents sued over employee's death, Chicago Tribune, December 19, 2008

Related Web Resources:

Illinois Liquor Control Act

Buzz, the Club-

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In Cook County, Illinois, the estate of Franke Leon Isom is suing Scientific Protein Laboratories and distributor Baxter International Inc. for wrongful death. Leon, 59, died on December 14, 2007 one day after he was administered Heparin at the Woodland Dialysis Clinic in Elizabethtown where he was undergoing kidney dialysis.

Isom was transported to Breckinridge Memorial Hospital after he began experiencing adverse symptoms. He was later pronounced dead. One month later, Baxter International issued a warning regarding potential adverse side effects.

The Illinois wrongful death lawsuit is one of over 50 similar lawsuits filed against Scientific Protein Laboratories, which manufacturers the anticoagulant. The complaint claims Isom was given Heparin that had been contaminated with over-sulfated chondroitin sulfate (OSCS). The contamination occurred in China, where the drug was manufactured. The lawsuit contends that both Scientific Protein Laboratories and Baxter are liable for allowing the contaminated Heparin to arrive at the dialysis center and other medical facilities, where patients could be treated with the drug.

Heparin with OSCS
Heparin is used as a blood-thinner during both medical and minor procedures. The US Food And Drug Administration says that of the 246 reported deaths between January 2007 and May 31, 2008 that can be attributed to contaminated Heparin, 149 deaths were patients who exhibited adverse symptoms associated with OSCS. There have also been hundreds of patients who did not die from exposure to OSCS but say they experienced allergic reactions to it. Earlier this year, Baxter issued a recall for the contaminated Heparin ordering the drug to be removed from medical facilities.

Drug manufacturers can be held liable for products liability or wrongful death in Illinois if a drug is dangerous, defective, fails to warn of adverse reactions, or is packaged incorrectly. A dangerous drug can be fatal for a patient, who is taking the medication to get better.

While Baxter acknowledges responsibility for allowing the contaminated batches of Heparin to be distributed, a company spokesperson says it is not responsible for the contaminations that caused the deaths and allergic reactions.

Lawsuit: Heparin caused dialysis patient’s death, News-Enterprise

Drug company confirms Heparin was contaminated, News-Enterprise

Related Web Resources:

Scientific Protein Laboratories

Baxter Healthcare

Heparin, FDA

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The Mt. Prospect Heights teen who has been charged in the Illinois hit-and-run collision that killed Hersey High School classmate Monika Skrzypkowski has admitted that he drank vodka and seven beers at a party before getting behind the wheel of his motor vehicle. Schuh is the school’s rugby team captain.

Following the tragic DUI accident on Saturday night, 17-year-old Kevin Schuh registered a .063% blood alcohol content. While this figure is lower than the .08% BAC legal limit for driving in Illinois, Schuh has admitted that he was too drunk to drive. He is accused of hitting Skrzypkowski as she crossed a Prospect Height street.

Skrzypkowski, 15, was struck by Schuh’s minivan on Elmhurst road after she and a few friends left her boyfriend’s birthday party. Following the crash, Schuh contacted police and at first claimed that someone vandalized his vehicle. He later admitted to driving the vehicle that killed the high school sophomore.

Schuh is charged with reckless homicide, aggravated DUI causing a death, and leaving an accident scene. In Cook County Circuit Court on Monday, a judge set his bail at $500,000.

Illinois Drunk Driving
• Every year, about 50,000 motorists in Illinois are charged with DUI.
• 4,000 of these drivers are underage drinkers.
• Since the state enacted its “Use It and Lose It” Provision in 1995 that enforces a zero-tolerance law for underage motorists who drive with any alcohol in their system, an additional 3,000 underage drivers are ticketed annually.
• In Illinois, DUI charges can be brought against a driver even if his or her BAC was less than .08% if prosecutors can prove that the drinking resulted in personal injury or wrongful death.

The National Highway Traffic Safety Administration says that the 21-year-old minimum drinking age has saved 4,441 lives in the last five years.

Teen in Prospect Heights crash that killed girl admitted drinking, Cook County prosecutors say, Chicago Tribune, December 9, 2008

$500K Bond For Teen Accused Of Fatal Hit-And-Run, CBS2Chicago.com, December 9, 2008

New Data Show Drinking Age Laws Saved 4,441 Lives Over 5 Years, NHTSA, November 6, 2008

Related Web Resource:

Facts about Use It & Lose It, CyberDrive Illinois

Continue reading "High School Rugby Star Involved in Illinois Hit-and Run Accident that Killed Classmate Admits He Drank Alcohol Before Getting in Minivan" »

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The widow of Robert Shank III, a hospital patient who died after undergoing gallbladder surgery at the Marion VA Medical Center, has reached a wrongful death agreement with the US government for $975,000. Shank’s surgeon was Dr. Jose Veizaga-Mendez, who has come under investigation for at least 9 patient deaths and 34 patient injuries at the Illinois hospital. Veizaga-Mendez no longer has a license to practice medicine.

Katrina Shank had initially sought up to $12 million for Robert’s death. Her Illinois wrongful death lawyers say the settlement she received is an admission of the government’s role in her husband’s death.

An investigation by the Veterans Affairs Administrative Investigation Board had determined that the Marion VA failed to take proper action when questions arose about Veizaga-Mendez’s credentials. Katrina’s wrongful death lawsuit accused the VA of medical malpractice and negligence because of the hospital's failure to properly check Veizaga-Mendez’s medical background. Her complaint also contended that Veizaga-Mendez was negligent during Robert’s surgery and in the way that he handled the patient’s care after the operation.

Following surgery, Robert did not regain consciousness. He underwent a number of blood transfusions, which led to complications and further surgery. He died soon after. Surgical services at the VA hospital were temporarily suspended last year following the increase in patient deaths.

Veteran Administration (VA) Medical Malpractice
If you or someone you love received poor medical care at a VA medical hospital, you may have grounds to file file a medical malpractice lawsuit. Unsanitary conditions, inadequate staffing, poorly maintained medical devices, patient abuse and neglect, and medical errors can be grounds for a personal injury claim or wrongful death lawsuit if a patient suffers injuries or dies as a result.

Ky. widow settles lawsuit against VA for $975,000, Washington Post, November 25, 2008

Widow settles VA hospital suit, Chicago Tribune.com, November 25, 2008

Related Web Resources:

VA: 10 patients died under care of former surgeon at IL hospital, Boston.com/AP, October 19, 2008

Durbin, Obama, Costello Request Meeting with VA Secretary to Discuss Marion VA, Barack Obama, US Senator of Illinois, May 27, 2008

Continue reading "Widow to Receive $975,000 for Wrongful Death Lawsuit Alleging Negligence and Medical Malpractice at Marion, Illinois VA Hospital " »

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In Cook County Circuit Court, the mother of Melvin Choice, one of the three North Lawndale College Prep students who drowned in a boating accident while attending Camp Algonquin earlier this month, has filed her Illinois wrongful death lawsuit. Virginia Choice is accusing Visionquest International, North Lawndale College Prep, and the YMCA of McHenry County of negligence.

Choice, Adrian Jones, and Jimmie Avant were staying at the camp because they were attending a leadership seminar with fellow students. The deadly boating accident happened after midnight on November 14 on the Fox River after the teens' chaperones and supervisors had turned in for the night.

Two of the boys drowned after the paddleboat they were riding in capsized, while the third teen drowned after he ran into the water to try rescuing them. The boat sank because it was missing the plug that stops water from entering it.

The camp’s boats had been winterized but hadn’t been put away. However, Paul Murray of the YMCA of McHenry County says the paddleboats had been stored “far away from the water’s edge” and that because of their heavy weight, a great deal of effort would have been required to get the boats into the water.

On the night of the boating accident, six of the camp’s seven winterized paddleboats were placed in the water by several of the students. There were no life vests on the boats.

The water in the area where the teens drowned was 42 degrees and about 8- to 10-feet deep when the accident happened. Even the rescue divers who went into the water to retrieve the boys’ bodies had a hard time navigating the cold, the current, and the debris.

Choice’s Illinois wrongful death lawsuit also accuses the three defendants of failing to keep the paddleboats in proper condition and failure to properly supervise her son. She is seeking over $800,000 in damages.

Common Causes of Drowning Accidents that Can Be Grounds for an Illinois Personal Injury or Wrongful Death Lawsuit:

• Inadequately supervised lakes, pools, beaches, and other recreational areas
• Defective watercrafts
• Fall accidents into the water

Mother of CPS student who died in boat accident sues, Sun-Times, November 19, 2008

Late-night fun turns deadly on Fox River, The Geneva Sun, November 15, 2008

Related Web Resources:

YMCA of McHenry County

North Lawndale College Prep

Visionquest International

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Posted In: Boating Accidents , Premises Liability , Wrongful Death

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In Illinois, a Chicago jury is ordering two Johnson and Johnson units to pay $16.6 million to the family of a woman who died after using a defective Duragesic pain-killing patch. A doctor had prescribed the patch to her to combat the pain she was experiencing from reflex sympathetic dystrophy, which is a neurological disorder. Janice DiCosolo, a 38-year-old mother of three, died in February 2004.

It took the 12-member jury two days of deliberation to determine that the cause of DiCosolo’s wrongful death was the fentanyl overdose she received from the Duragesic patch. The patch, intended to counter chronic pain, is made by defendant Alza Corp, which is owned by Johnson & Johnson, and is distributed by co-defendant Janssen Pharmaceutica, also another J & J unit.

During the Chicago wrongful death trial, the family’s Illinois products liability lawyer accused the defendants of continuing to sell the patch for profit even though they knew it was dangerous and defective. A spokesperson for the defendants says they disagree with the verdict and are considering an appeal.

J & J is the world’s largest manufacturer of medical devices. Last year, J & J made $1.16 billion in Duragesic patch sales. The patch is J & J’s seventh largest selling product.

This Chicago wrongful death verdict is the fourth one against the J & J units over the painkilling patches. Just last month, a Florida panel awarded the family of a 34-year-old mother of five over $13 million because she died in 2002 after using the Duragesic patch. The J & J units are facing another Chicago personal injury trial involving the defective medical device early next year.

Defective Medical Device Lawsuits
Medical device manufacturers and distributors are obligated to make sure that all their products are safe for use and free from defects. If you or someone you love suffered serious injuries because of a defective medical device, you may have grounds to file an Illinois products liability lawsuit.

J&J must pay $16.6 mil to Glenview family for pain-patch death, The Daily Herald, November 17, 2008

Jury awards nearly $16.6M in Ill. skin patch case, CNN, November 18, 2008

Related Web Resources:

Johnson & Johnson

Duragesic

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The paddleboat that two of the three Chicago teens who drowned were riding in on the Fox River early this morning was missing its bottom plug. According to the Illinois Department of Natural Resources, the plugs on all of the paddleboats used by students who were attempting to get on the river last night were removed because the vessels were taken out of service for the winter. However, no one stored away the boats, which remained on the ground.

The victims, 18-year-old Jimmie Avant, 16-year-old Adrian Jones, and 17-year-old Melvin Choice III, were students at North Lawndale College Prep. They were attending an eight-day leadership retreat at Camp Algonquin.

Some 31 students participated in the retreat at the YMCA camp, along with four adult supervisors from the charter high school. The camp participants were all reportedly told to stay away from the water.

According to police, a number of teenagers took six paddleboats onto the river. One boat sank immediately, taking Jones and Avant down with it. Choice, who was on the shore and ran into the water to save the two boys, also drowned.

The drowning accident occurred at around 1:30am while the chaperones were likely sleeping. It took recovery workers a number of hours to retrieve the three bodies, because water conditions were unsafe. The bodies were recovered by 11am.

Premises Liability
Premise owners are supposed to ensure that there are no unsafe conditions on a premise that can cause serious injuries or death. Failure to exercise this duty of care may be grounds for an Illinois personal injury or wrongful death lawsuit against the property owner and/or the supervisor on the premise.

2007 Boating Accident Statistics

• According to the US Coast Guard, there were 685 boating fatalities last year.
• Over 2/3rds of these victims died in drowning accidents.
• 90% of these drowning accident victims were not wearing life jackets.
• Out of every 4 boaters that drowned, 3 of them were riding in boats that were less than 21 feet long.

3 Chicago teens drown in Fox River, Chicago Tribune, November 14, 2008

Bodies pulled from Fox, teen victims identified, The Geneva Sun, November 14, 2008

Recreational Boating Statistics, US Coast Guard

Related Web Resources:

YMCA Camp Algonquin

North Lawndale College Prep

Continue reading "Three Chicago Teens Drown in Illinois Boating Accident on the Fox River" »

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The Metra commuter rail agency and two families have reached an $11 million settlement agreement in the wrongful deaths of two Chicago train accident victims. An Illinois judge approved the settlement on Wednesday.

The deadly Illinois train crash occurred in September 2005 when a train headed to Chicago from Joliet derailed when changing tracks. The train twisted off the rails and skidded, while its fourth and fifth cars broke off. The fourth car rammed into a steel bridge.

Over 80 passengers were injured. Oak Forest resident Jane Cuthbert and New Lenox resident Allison Walsh died in the train derailment accident.

The National Transportation Safety Board and Metra determined that human error caused the crash. The train was reportedly moving at a speed of 70 mph when the accident happened even though signals indicated to the engineer that he needed to slow the train’s speed to 10mph before it reached the crossover.

Under the terms of the Chicago wrongful death settlement, Walsh’s family will get $5 million, while Cuthbert’s family will receive $6 million. Walsh and Cuthbert are the only two people to die while on a Metra commuter train.

At least 35 more Chicago personal injury lawsuits against Metra are still pending. Since the 2005 crash, Metra engineers must now undergo additional training.
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If you or someone you love was injured while riding a Metra train or a Chicago Transit Authority train, it is important that you speak with a Chicago train crash lawyer that knows how to examine the crash scene and other evidence and can successfully pursue your train accident lawsuit.

$11 million settlement in Metra, Chicago Breaking News, November 12, 2008

$11 million settlements in Chicago train deaths, AP, November 12, 2008

Related Web Resources:

Metra

National Transportation Safety Board

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The parents of Ronald L. Heard Jr., a man who died in 2007 after being shot outside a restaurant in Chicago’s South Side, is suing White Castle System for his wrongful death. Their Illinois civil lawsuit accuses the restaurant of creating an environment that allowed drug dealers and violence on the premise.

Heard was gunned down on October 6, 2007 while trying to help a woman that a drug dealer was harassing in the restaurant parking lot. His parents, Nena Heard and Ronald Heard, Sr. are the plaintiffs in the wrongful death lawsuit against White Castle. They are accusing the restaurant of failing to protect its customers, failing to have a security guard on the premise who could reduce violence, allowing drugs to be sold on the property, and failing to tell police that drug deals were occurring on the premise.

Their son’s shooting death occurred at the White Castle on S. Western Avenue. A drug dealer reportedly tried selling Heard marijuana while he was in line to order food at the drive-thru window. Heard refused, and the drug dealer allegedly tried to sell drugs to a woman in another vehicle. The dealer reportedly began arguing with her and then shot the 23-year-old when he came forward to help the woman. Two men were charged in Heard’s shooting death.

Premises Liability
If a property owner knows that there is a history of crimes occurring on or around the premise, then he or she must take proper measures to protect patrons, visitors, customers, or residents from becoming the victims of similar crimes in the future. A failure to protect from criminal acts can be grounds for an Illinois premises liability or wrongful death lawsuit.

Steps property owners can take to protect others from crimes:

• Installing security cameras
• Hiring security guards
• Issuing warning signs
• Installing security alarm systems
• Reporting suspicious or illegal activities to Chicago police

Lawsuit Blames White Castle in Man's Shooting Death, The Southtown Star, November 4, 2008

Related Web Resources:
Premises Liability, Justia

White Castle System

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In Chicago on Wednesday night, a male pedestrian died after he was hit by a motor vehicle as he crossed the street close to South Wabash Avenue and East Roosevelt Road. According to Fire Media Affairs Director Larry Langford, the victim was in “extremely critical” condition when he was admitted John H. Stroger Jr. Hospital in Cook County, where he was later pronounced dead.

The driver of the car that struck the male pedestrian is 26-year-old Chicago resident Karl Riley. Police gave him a citation for striking a pedestrian in the roadway. Chicago police are investigating the cause of the Illinois pedestrian crash.

2007 NHTSA Pedestrian Accident Facts:

• There were 171 pedestrian deaths in Illinois.
• Nationally, 4,654 pedestrians died in traffic accidents.
• 70,000 pedestrians sustained injuries in traffic crashes.
• 73% of pedestrian deaths in the US took place in urban areas.
• 77% of pedestrian fatalities happened at non-intersections.
• 90% of pedestrian deaths occurred in normal weather conditions.
• 67% of fatal pedestrian accidents occurred at night.

Truckers, motorcyclists, and passenger car drivers are supposed to yield the right-of-way to pedestrians whether or not they are crossing the street in unmarked or marked crosswalks.

Steps that Illinois motorists can take to prevent pedestrian accidents:

• Pay attention to the road.
• Always check for pedestrians, even when you aren’t at a crosswalk or intersection.
• If necessary, honk your horn to warn pedestrians you are there.
• Make sure your motor vehicle is up-to-date on all maintenance.

Pedestrian killed in South Loop, Chicago Sun-Times, November 6, 2008

2007 Traffic Safety Fact Sheets, NHTSA

Pedestrian Programs, City of Chicago

Continue reading "Male Chicago Pedestrian Dies in Illinois Motor Vehicle Accident in the South Loop" »

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In Cook County Circuit Court, the husband of a Burger King manager that was murdered in 2006 during a robbery at the fast-food restaurant she was supervising is suing Stand Guard, Inc. for her wrongful death. The company was in charge of providing security services to the Lindenhurst restaurant.

According to Kenneth Hutchinson Jr.’s Illinois wrongful death lawsuit, the alarm systems in the restaurant and its safe did not activate during the robbery, which, Hutchinson contends, resulted in his wife’s death.

The suit says that Mary Hutchinson arrived for work at Burger King on November 27, 2006 and locked the doors upon entering. The man who killed her, James Ealy, allegedly entered the restaurant and attacked her before demanding that she open the safe. Ealy worked as a maintenance worker at the Lindhenhurst Burger King.

Mary at first inputted the wrong code to the safe, which should have activated the alarm if it had not malfunctioned. She was then beaten and strangled. Kenneth’s lawsuit is seeking unspecified damages from the security company.

Earlier this year, a $1.3 million wrongful death settlement was reached between Kenneth and Burger King and a franchisee. Kenneth’s lawsuit accused Fox Lake Family Dining, Northern Illinois Family Dining, Spence Group Service Inc., and William Spence for their alleged failure to do a complete background check on Ealy, who reportedly had an extensive criminal record prior to Mary’s murder. Last year, Lake County prosecutors said they would seek the death penalty if Ealy were convicted for Hutchison’s murder.

Security companies are supposed to provide clients with alarm systems that are free from defect or malfunction. When a robbery, assault crime, or murder occurs because the alarm system fails to work as designated and someone is injured or murdered or experiences a loss of property, the security company may be held liable for personal injury or wrongful death.

In the event that a security malfunction failed to prevent a crime because the manufacturer of the security system designed a defective product, the product manufacturer could also be held liable in civil court. In certain Illinois personal injury and wrongful death cases, there may be more than one party that can be held liable.

Integrator sued over robbery-murder, Security Systems News, October 23, 2008

Husband of slain Burger King manager files suit, Lake County News-Sun, October 17, 2008

Related Web Resources:

Stand Guard, Inc

Death Penalty Sought In Burger King Murder, CBS2Chicago.com, December 6, 2007

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In Cook County Circuit Court, the Chicago parents of Kevetta Davis, a 19-year-old Southern Illinois University student who died on September after being struck by a truck on Interstate 57, are suing VHI, Viacom, 51 Minds Entertainment, and truck driver Dennis Hernandez for wrongful death.

Davis and another 19-year-old woman were killed when a box truck, driven by Hernandez and carrying sound equipment for the “Rock of Love Bus” reality program, drove over a median near West Frankfort and struck the car that the two women were riding in. The accident happened after Hernandez allegedly fell asleep at the wheel.

Davis’s parents, Kevin and Brenda, are accusing Hernandez of negligent operation of his truck, causing a collision with another motor vehicle, failure to slow down to prevent a collision, failure to yield the right of way to traffic coming from the opposite direction, operating a truck without a valid license, and other allegations.

Truck Accidents
The Federal Motor Carrier Safety Administration’s Large Truck Crash Causation Study notes a number of associated factors that can lead to truck crashes, including:

• Fatigue
• Problems on the road
• Brake problems
• Prescription drug use
• Speeding
• Driving faster than current road conditions
• Drunk driving
• Driver inattention
• Jacknifing
• Driver error

The Federal Motor Carrier Safety Administration says that over 750 people are killed every year and over 20,000 victims are injured in truck accidents involving truck driver fatigue.

Suit filed over death in crash with VH-1 truck, Chicago Sun-TImes, October 18, 2008

Parents of Woman Killed In VH1 Truck Accident Sue, WBBM780.com

Rock of Love Bus Suffers a Tragedy, VHI Reality World, September 30, 2008

Related Web Resources:

The Large Truck Crash Causation Study, FMCSA

Rock of Love, VH1

Continue reading "Parents of Chicago Woman Killed in VHI Truck Accident File Illinois Wrongful Death Lawsuit" »

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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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An Illinois judge has awarded the family of Verna Corcoran $10 million for her wrongful death. Corcoran, an 83-year-old McHenry County resident, was murdered in her house on Mother’s Day in 2006.

McHenry County Judge Michael Feetterer awarded the amount to Corcoran’s family after representatives for the estate of Jose Manuel Albada-Grijaldo failed to appear in court on a number of occasions to challenge the wrongful death case against him.

Police say that Albada-Grijaldo strangled Corcoran after she caught him in the middle of robbing her house. Albada-Grijaldo was shot and killed by Marengo police officer Eric Bockelmann after he was apprehended while driving Corcoran’s car.

Bockelmann was cleared of any wrongdoing, but an Illinois wrongful death lawsuit filed against Bockelmann and the city of Marengo claims that the 21-year-old suspect was unarmed and did not pose a threat to the police officer. If Albada-Grijaldo ’s estate recovers compensation for his death, however, Corcoran’s estate will have a claim on the award.

Wrongful Death Compensation
The death of a loved one is an unbearable loss. There are, however, legal remedies available to hold the responsible party civilly liable for your loss. In the event that your loved one was a victim a crime, you may be able to sue the suspect for wrongful death recovery in a case separate from any criminal proceedings against the defendant.

In Illinois, only the decedent’s husband or wife or next of kin are allowed to file a wrongful death claim against the negligent party or parties. Surviving loved ones may be able to obtain compensation for pain and suffering, lost wages, loss of companionship, loss of benefits, associated costs, and other damages, such as punitive damages.

Court awards $10 million to family of McHenry County murder victim, Daily Herald, October 8, 2008

Family of murder victim awarded $10 million, NorthwestHerald.com, October 8, 2008

Related Web Resource:

Illinois Wrongful Death Act, Illinois General Assembly

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The city of Chicago says it will pay the family of Carrie Boston $700,000 following her 2006 pedestrian death. The 69-year-old woman died on October 16, 2006 at around 6:30pm when she was struck by a Ford Expedition while crossing South Chicago Avenue.

The sport utility vehicle that struck Boston was transporting the Fire Department’s 6th District deputy chief and his driver, but they were not on an emergency call at the time of the crash. The blinking yellow lights at the crosswalk were not working at the time of the fatal pedestrian accident.

According to the Boston family’s legal representatives, the crosswalk lacked the proper safety measures needed to protect pedestrians—especially seniors. There is a senior citizen building and a pharmacy located on opposite sides of the street. The family has accused the city of Chicago of creating a dangerous crosswalk mid-block that gave pedestrians the illusion that they were protected when, in fact, drivers do not have to stop for them.

Following the deadly pedestrian accident, city traffic engineers examined the crosswalk so they could make recommendations, such as adding more signage, hard-wiring warning lights, or modifying pavement markings. No changes, however, have been made to the crosswalk since Boston's accident almost two years ago.

Fire Department officials have said that Boston was the one who stepped into the SUV’s path and that the driver was not speeding or driving under the influence when the accident happened.

However, the Boston family has eyewitnesses that say the elderly woman flew some 25 feet into the air, which could indicate that the driver may have been driving too fast for the wet weather conditions even if he wasn't exceeding the speed limit.

Senior Pedestrian Facts
According to the US Department of Transportation, a pedestrian’s chances of getting injured or killed in a traffic accident increases with age. One reason for this is that seniors become less “physically resilient” the older they become. Older pedestrians also have a higher fatality rate than other pedestrians when they are involved in traffic accidents at intersections, while walking close to vehicles that are backing up, and during the winter when visibility is lower.

If your loved one has died in a Chicago pedestrian accident caused by another party's negligence, you may be entitled to wrongful death recovery.

City to pay $700,000 in woman's traffic death, Chicago Sun-Times, October 6, 2008

Focusing on Senior Pedestrians, Turner-Fairbank Highway Research Center

Related Web Resources:

Street Smarts for Senior Pedestrians, Safety.com

Focusing on Pedestrian Safety, Federal Highway Administration

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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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In Madison County Circuit Court, Illinois resident Mark McDonald is suing 92 corporations for his father’s wrongful death. Mark's father, Robert, worked for nearly 50 years as an auto body repairman, mechanic, and boiler worker at various places throughout the state, including Shell Oil Company.

Last September, Robert was diagnosed with lung cancer, which he died from in March. Mark says that his father got cancer because he was exposed to, ingested, and inhaled asbestos fibers while working and that the defendants should have anticipated that the exposure to the toxic substance would end up killing his father.

Mark says that in addition to suffering from the disease and experiencing physical and mental pain, his father spent a great deal of money on medical costs and other services to treat his illness. Because Robert was unable to work, he lost a substantial amount of income. Not only did Robert's family lose his financial support and companionship, but they spent a great deal of money to pay for funeral and burial expenses.

Mark is seeking compensatory and punitive damages. He is accusing Metropolitan Life Insurance Company of working with the defendants to misrepresent the dangers that come with exposure to asbestos.

If you or someone you love was injured on the job in Illinois, you are entitled to workers’ compensation benefits. You also may be entitled to file personal injury and wrongful death lawsuits against other negligent parties that may have been responsible for the work-related injury or disease.

Mesothelioma
This type of cancer can occur due to exposure to asbestos, with lung cancer being a leading cause of asbestos-related deaths. Asbestos are toxic fibrous minerals that have been used to make houses, schools, buildings, certain car parts, and many other products. In the event that a person ingests or inhales the fibers, asbestos can cause serious personal injury or wrongful death.

Illinois man sues 92 companies for father's lung cancer death, The Record, August 27, 2008

Related Web Resources:

Mesothelioma: Questions and Answers, National Cancer Institute

What is Asbestos, Osha.org

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The federal government wants a judge to toss out a wrongful death lawsuit filed by a woman who alleges that her husband died as a result of medical malpractice at the Marion VA Hospital in Illinois. The reason the government is citing for its request, filed in East St. Louis, Illinois last month, is that the widow, Katrina Shank, failed to file the necessary affidavit from an expert stating that Shank had reasonable cause to file the lawsuit.

Shank’s lawyer says that although the affidavit is necessary for medical malpractice cases filed in Illinois court, it is not necessary for cases filed in federal court. Her lawsuit accuses the hospital of negligence, which she says resulted in her husband Bob bleeding to death after undergoing gallbladder surgery at the VA hospital last year. She is seeking $12 million in wrongful death compensation.

Following the minimally invasive procedure, doctors were unable to wake Bob up. Bob’s surgeon, Dr. Jose Veizaga-Mendez, suggested that he might have had a stroke, a heart attack, or liver damage. Bob was given several blood transfusions, which Shank says eventually prevented his blood from clotting. He underwent another surgery to determine where the blood was going. Bob passed away the next day.

Shank says the doctor let her husband bleed to death and that someone that worked at the hospital suggested she contact a medical malpractice lawyer. The US Government is named as the only defendant in the lawsuit.

Dr. Jose Veizaga-Mendez is under investigation for at least nine deaths that occurred to patients under his care while he worked at the VA hospital in Marion. A Veterans Affairs Administrative Investigation Board investigation found that the Marion VA hospital’s management staff failed to take action when doubts arose about Veizaga-Mendez’s credentials.

Report says Marion VA leadership dismissed concerns, Marion Daily Republican, August 15, 2008

Government Wants VA Suit Thrown Out Malpractice Alleged in Deaths at Ill. Clinic, Redorbit.com, July 24, 2008

VA Probes Doctor's Role in Patient Deaths, NPR.org, November 5, 2007

Related Web Resources:

A Health Care System, Marion.va.gov

Military Medical Malpractice Overview, Justia

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Posted In: Medical Malpractice , Wrongful Death

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Film director Peter Berg is being sued for wrongful death. The director of “Hancock” and the “The Kingdom” was riding in a sport utility vehicle in Mesa, Arizona in August 2006, when the SUV crashed into another vehicle. Assistant prop master Nick Papac, who was working on the film “The Kingdom” at the time of the crash, was killed in the accident.

The lawsuit was filed on behalf of Papac’s parents, Michele Bell and Mike Papac. Also named as defendants in the wrongful death lawsuit are the driver of the SUV and a production company. Papac’s parents are asking for an unspecified amount of damages, including lost wages, medical costs, and funeral expenses.

Third Party Lawsuits
While you cannot sue a decedent’s employer for wrongful death if he or she was killed in a work-related accident, there may be third parties that can be held liable for the wrongful death accident. If your loved one was killed in a work-related accident in Illinois, an experienced Chicago wrongful death lawyer can investigate the circumstances surrounding the accident to determine if anyone other than the employer caused the injury accident.

Workers’ Compensation
If your loved one died in a work-related accident in Illinois, you may be entitled to death benefits from the employer’s insurance company. Death benefits are usually paid to the decedent’s spouse and children. An Illinois workers’ compensation claim is not a personal injury lawsuit. A good Chicago workers’ compensation lawyer can make sure that you receive your benefits in a timely manner, especially if your employer’s insurer is denying or delaying your claim.

Availing of your recovery from third parties, in addition to collecting death benefits from your loved one’s employer can help you receive the financial resources that you need in the wake of your family member’s unexpected death—especially if he or she was a main source of financial support. It is also a way to hold the responsible parties liable for the wrongful death.

Hancock' director sued over death, CNN.com, August 8, 2008

Related Web Resources:

Illinois Workers' Compensation Commission

Illinois Wrongful Death Act, Illinois General Assembly

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In Illinois, the parents of a 3-year-old that died after being crushed by an iron gate have filed a Chicago wrongful death lawsuit against Urban Property Advisors, a private management company that oversees rowhouses for the Chicago Housing Authority.

Curtis Cooper was riding his tricycle on Cambridge Avenue in Cabrini Green on the afternoon of June 27, when an iron fence fell on him. His father, Clayton Wade, says, “I saw his head smashed in with the gate.”

Five or six men tried to pull the heavy gate off the boy. Curtis was later pronounced dead at Children’s Memorial Hospital. An autopsy found that Curtis died from cranio-cerebral injuries.

The lawsuit is asking for damages over $50,000. The gate reportedly had hinges on it that had been rusted through. It failed a building inspection conducted on June 30.

Premises Liability
It is the responsibility of all Illinois property owners and managers to make sure that there are no hazardous conditions on a premise that could cause serious injury or death to a resident, patron, or visitor of a property. Failure to fulfill this duty can be grounds for a premises liability or wrongful death claim or lawsuit.

Examples of conditions that can lead to a Chicago premises liability or wrongful death claim or lawsuit:

• Carbon monoxide leaks
• Slippery or uneven floors
• Poorly lit hallways
• Defective appliances on the property
• Electrical hazards

Premises liability accidents can lead to serious injuries, including broken bones, burn injuries, slip and fall injuries, injuries from a violent crime, and death.

Family of boy killed in gate accident files lawsuit, Chicagotribune.com, July 2, 2008

Toddler Crushed By Gate, CBS2Chicago.com, June 28, 2008

Related Web Resources:

Wrongful Death Act, Illinois General Assembly

Chicago Housing Authority

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The family of a man that died in an accidental shooting incident involving the Danville police is suing the city and the police officer involved. Aaron Moss, 27, was killed in 2006 after Officer Troy Wasson shot him twice during a foot pursuit.

The lawsuit, filed in US District Court in Urbana, alleges excessive force and wrongful death. Moss’s family is asking for over $1 million in damages and accuses Wasson of acting “maliciously, willfully, and wantonly” in Moss’s death.

The complaint reports that on May 30, 2006, Moss and another man had just ended an argument when the police arrived. Moss fled from the scene and was chased by Danville police.

Office Wasson allegedly pulled out a taser, but when he encountered Moss, he shot him in the arm and the back with a gun. The lawsuit claims that Moss was not armed and that Officer Wasson told a woman who offered to perform CPR on Moss to go away.

A sheriff’s department investigation, however, claims that Moss had a loaded gun. The police probe determined that Wasson was not at fault and absolved him of doing anything wrong.

Justice Department Statistics that from 2001 to 2007, there was an increase in the number of reported incidents involving the use of excessive force by law enforcement officers compared to the seven years prior. Many police brutality cases were reportedly not prosecuted.

Examples of police brutality include:

• Brutal chokings
• Unjustified shootings
• Beatings
• Sexual assault
• Verbal violence

Family sues city, police officer, Commercial-News, July 10, 2008

Related Web Resources:

Shielded from Justice, HRW.org

Communities United Against Police Brutality

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Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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The family of a Lincoln Square icon that died in Chicago last year after being struck by a van is suing the driver for his wrongful death. Joseph Zeman, known as the “Pigeon Man of Lincoln Square,” died on December 18 in a pedestrian accident at Devon Avenue and McCormick Road.

The 77-year-old was a famous icon who spent hours sitting on a fire hydrant located on the corner of Western and Lawrence. He was usually surrounded and perched on by a large group of pigeons.

The driver of the van, Isaac Fadida, reportedly did not see Zeman. Fadida was turning right after exiting a parking lot. The van dragged Zeman’s body until a witness told the driver to stop. The Pigeon Man was declared dead at St. Francis Hospital in Evanston soon after.

Last month, Fadida was found guilty of driving with an unsafe vehicle and failure to exercise due care to avoid striking a pedestrian. The van he was driving was 16 years old and had defective brakes.

According to CyberdriveIllinois.com, there were 164 pedestrian deaths in Illinois in 2005. Pedestrian injuries are usually serious injuries, and for the pedestrians that recover, they may have to contend with long and costly recoveries from broken bones, traumatic brain injuries, spinal cord injuries, and other serious injuries.

You have two years from the date of the accident to file a personal injury lawsuit. If your loved one died in a pedestrian accident caused by driver negligence, you may be entitled to wrongful death compensation.

'Pigeon Man's' family sues, Chicago Sun-TImes, June 18, 2008

'Pigeon man' struck, killed by van, ChicagoTribune.com, December 19, 2007

Related Web Resources:

Pedestrian Crash Facts, WalkingInfo.org

Pedestrian Safety, Federal Highway Administration

Pedestrian Safety, CyberDriveIllinois.com

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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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Posted In: Personal Injury , Wrongful Death

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