Chicago Personal Injury Lawyer Blog

As Chicago nears summer construction season, it becomes increasingly important for Chicago construction employees to practice good workplace safety. Unlike an office job, working construction provides numerous opportunities for accidents to occur. The Illinois personal injury lawsuit of James Zdanwic v. Gatwood Crane Service, Inc., 07 L 9570, is one such example.

In 2006, the plaintiff, James Zdanwic, was working as a tower technician for MDM construction. At the time of the Illinois construction site injury, Zdanwic was working on a job that involved retrofitting a cell tower in Medinah Illinois. The job required a crane, which was leased through Gatewood Crane Service, Inc.

While the Gatewood crane was being operated by a Gatewood Crane Service employee, Zdanwic was assisting the crane operator in the task of pulling out a 1,000 lb. jib. A jib crane is similar to a sailboat boom in that it swings from one side to the other. This 1,000 lbs. fell directly onto of the plaintiff, resulting in severe injuries. In fact, because of the severity of his injuries, Zdanwic has not been able to return to his position as a tower technician, although his employer was able to find him an alternative position as a construction project manager.

Continue reading "Cook County Construction Injury Results in $423,242 Jury Verdict for Crane Accident - Zdanwic v. Gatwood Crane Service" »

The Illinois Supreme Court denied the Chicago Housing Authority's motion to reverse a lower court's $16.5 million verdict to a tenant who'd lived in a Chicago apartment with lead-based paint for several years in Donald Howell v. Chicago Housing Authority, No. 112321.

The Chicago personal injury lawsuit was brought by Latanya Turks on behalf of her son, Donald Howell, and alleged that the Chicago Housing Authority (CHA) had used lead-based paint in the residence she rented. In addition, Turks alleged that as a result of living in an apartment with lead-based paint, her son suffered permanent mental and physical disabilities due to lead poisoning.

Ms. Turks was living in the apartment while she was pregnant with her son, Donald, and they remained in the same apartment for the next several years. During that time, the lead paint was peeling and cracking, making it even more dangerous. A few years after Donald was born he was diagnosed with lead poisoning based on elevated lead levels in his bloodstream.

Prior to the trial, the CHA admitted liability, acknowledging that the relevant apartment did in fact have lead-based paint and that Ms. Turks was unaware of its presence. Therefore, the jury was only required to decide whether there was a relationship between the lead-based paint and Howell's injuries, and if so, how much money does the CHA owe Howell.

Continue reading "Chicago Housing Authority's Request for Judgment NOV Denied By Illinois Supreme Court - $16.5 Million Verdict Stands in Howell v. Chicago Housing Authority" »

An Illinois Appellate Court was asked to evaluate whether a trial judge correctly adjusted a Cook County jury's verdict in a Federal Employers Liability Act (FELA) lawsuit. The jury had originally reduced the plaintiff's award by 40% for what it determined was his contributory negligence; however, the trial judge later ruled that contributory negligence did not apply because of the unique circumstances of the lawsuit. The appellate court agreed with the trial judge, backing up his decision to restore the original $500,000 verdict to the plaintiff in Harry Balough v. Northeast Illinois Regional Commuter Railroad Corporation, etc., No. 1-09-3053.

The original FELA lawsuit was brought after Balough, a locomotive driver, became injured in a Chicago rail yard. Balough was boarding an engine to prepare the trains for service when a trapdoor he was standing on gave way, hitting Balough on his head. Prior to stepping onto the trapdoor Balough testified that he had followed the railroad's rules regarding trapdoor use by first giving the door a horizontal tug prior to boarding. Balough further testified that when he did so the latched seemed firmly latched.

Yet, the trapdoor still failed, causing Balough to require stitches to his head. In addition, shortly after returning to work after the train accident, Balough began suffering from blurred vision and migraine headaches. He continues to experience both of these symptoms on a regular basis and has since been removed from his position as a locomotive driver and placed on permanent disability.

Continue reading "Illinois Court Rules Train "In Use" and Contributory Negligence Does Not Apply - $500,000 Verdict in Balough v. Northeast Illinois Regional Commuter Railroad Corporation" »

The Illinois Appellate Court clarified definitions of "next of kin" according to the Illinois Wrongful Death Act in its ruling on Judith Baez, etc. v. Garrett Rosenberg, et al., No. 1-10-0090. The appeal in Baez dealt with the allocation of funds from the settlement resulting from a fatal car crash.

In 2008, Rafael Marquez was killed in a Chicago car crash. He was unmarried and survived by his parents. However, within five months of his death, his girlfriend, Jesenia Laureano, gave birth to a baby girl; DNA tests proved that Marquez was the father.

Both Laureano and Marquez's parents brought wrongful death claims against the defendant driver, which were consolidated into one claim in a Cook County court. A $100,000 settlement was reached with the driver's insurance company, which was the amount of the policy's limits.

The $100,000 was distributed among both Marquez's parents and his daughter as follows:

-$27,426 went to Marquez's parents for the loss of their son;
-$27,427 went to Marquez's daughter for the loss of her father;
-$13,041 went to Marquez's parents for reimbursement for funeral expenses;
-$22,222 went to the parents' attorneys' fees; and
-$9,120 went to the baby's attorneys' fees.

Continue reading "Illinois Court Clarifies Definition of "Next of Kin" Under Wrongful Death Act - Baez, etc. v. Rosenberg, etc." »

The Food and Drug Administration (FDA) voted to allow Trilipix, a cholesterol lowering medication, to continue to be marketed as a drug that can prevent heart attacks. The approval comes despite government studies showing that there were no substantial changes in incidences of heart attacks in patients taking Trilipix in conjunction with other cholesterol lowering medications.

In addition to allowing Abbott to continue marketing Trilipix as reducing the risk of heart attacks despite evidence to the contrary, the FDA also voted against measures that would have forced the drug manufacturer to change the drug's label to include disclaimers of the drug's effectivenss.

The only stipulation the FDA imposed on Abbott was that it must conduct its own study on Trilipix's effects on reducing heart attacks. Experts have suggested that this study could cost Abbott over $100 million to conduct. While this might seem like a large sum of money, it pales in comparison to the $1.6 billion that Abbott Laboratories made last year off sales of Trilipix and TriCor, another cholesterol lowering drug.

Continue reading "FDA Okays Abbott's Marketing of Trilipix as Combo Medication" »

As lawyers, we often hear accounts of clients who sustained fairly severe injuries after being involved in a car accident, yet did not have any medical complaints immediately following the crash. This is the case for a pedestrian who suffered a brain injury after being hit by a SUV. Despite her lack of symptoms at the accident scene, a Cook County jury awarded the plaintiff $713,602.

At the time of the Illinois pedestrian-car accident, the plaintiff was walking across a Northbrook intersection when she was struck by a Lexus SUV. There were opposing accounts of what happened. While the defendant driver stated that she was only traveling at one to two miles-per-hour at the time of impact, the plaintiff alleged that the impact was more severe. Also, while the defendant claimed that she merely bumped into the plaintiff, the plaintiff claimed that the impact was so severe that it caused her head to bounce of the defendant's hood as she was thrown a few feet away.

However, both parties agree that the plaintiff refused medical treatment at the accident scene and did not immediately go to a hospital. Instead, the plaintiff continued on her way, even going out to dinner that night. In fact, it was at dinner that she began to experience some abnormal neurological symptoms.

Continue reading "Cook County Pedestrian Suffers Brain Injury After Being Hit by SUV - $713,602 Verdict" »

A second jury verdict has been entered in a wrongful death lawsuit arising out of a Chicago construction site injury that occurred in 2006. The decedent, Charles Ingolia, had been assisting with renovations being made at a Chicago Brown Line El station located at 3360 N. Clark St. The 57 year-old was severely burned in an electrical explosion at the Chicago Transit Authority (CTA)'s substation and died of his injuries three days later. He was survived by his wife and four adult children.

A Chicago jury decided that negligence on behalf of Target Electric, Inc., the company overseeing the electrical components of the renovations, had contributed to Mr. Ingolia's death and entered a jury verdict of $4.1 million in The Estate of Charles Ingolia v. Target Electric, Inc., 06 L 13106. A previous verdict of $6.3 million had been entered in a wrongful death case filed by Mr. Ingolia's family against the CTA; Estate of Charles R. Ingolia v. CTA, et al., 06 L 013106.

Immediately prior to the electrical explosion, Mr. Ingolia had been cleaning a new switchgear cabinet as part of the modifications to the CTA's Brown Line rectifier system. According to the Illinois wrongful death complaint, Ingolia believed that the cabinet's power was off, which influenced his decision to raise his protective shield. When he did so, he essentially exposed himself to 12,600 volts of live electricity, which in turn caused the electrical explosion.

Continue reading "CTA Explosion Leads to $4.1 Million Verdict for Death of Chicago Electrician - Ingolia v. Target Electric, Inc." »

Workers' compensation claims arise as a result of an employee being injured on the job. Because of the unique nature of these cases, Illinois workers' compensation claims are handled by the Illinois Workers' Compensation Commission (IWCC) instead of a civil court. However, just like other court systems, sometimes the IWCC does not rule correctly and claimants need to appeal its decision to a higher authority.

For example, in the case of Pactiv v. Illinois Workers’ Compensation Commission (Juan Luna, Appellee, No. 1-10-0086 WC, both the employer and employee appealed the decision made by the IWCC. The Illinois worker injury lawsuit arose out of an injury that the claimant, Juan Luna, received while working for his employer, Pactiv. Mr. Luna operated an extrusion machine, which created plastic rolls that weighted between 70 and 80 lbs., and was responsible for making simple repairs and basic adjustments.

However, while operating the extrusion machine in 2004, Luna lost five fingers on his right hand, which was also his dominant hand. Mr. Luna underwent extensive physical therapy and was able to eventually lift up to 5 lbs. with his right hand. His physician cleared Mr. Luna to return to medium or heavy duty at work. While Pactiv initially placed Mr. Luna on light duty, he was eventually returned to his prior job of running the extrusion machine.

Continue reading "Illinois Workers’ Compensation Decision Affirmed - Pactiv v. Illinois Workers’ Compensation Commission" »

Given the state of today's economy, it has become commonplace to hear about companies trying to cut corners, to stretch every dollar, and maximize their workers' responsibilities. However, UPS workers are raising questions about what cost these continual raised expectations have on workplace safety and employee health.

Like many companies across America, UPS employees are under pressure to increase productivity; however, at the same time UPS is pushing employees to reduce workplace injuries and workers' compensation claims. These two goals seem contradictory, a point that is being made by both UPS employees and union officials who affirm that the longer hours and increased expectations has in fact resulted in more workplace injuries.

The local Chicago union is making a point to emphasize that their request to reduce employee workloads does not come from a desire to shirk their duties; rather, many UPS employees are committed to the company and applaud it as a good place to work. Take for example 45 year-old Joe Korziuk - he's worked for UPS for over 20 years, performing a wide range of jobs, including driving tractor trailers, delivering packages, and even washing trucks. However, even this model employee has suffered work injuries, sustaining a concussion after a heavy box fell on him, and is experiencing the wear and tear of twenty years on the job in the form of knee and back pain.

Continue reading "Chicago UPS Workers Pushed Too Far: Demand Reduced Workloads for Health and Safety" »

Illinois lawyers and judges are considering expanding juror's roles in the trial process. Currently jurors take a fairly passive part in the trial process itself as they sit and listen to each side present his or her case. It is only when it is time to weigh the evidence and come to a decision that jurors are allowed to actively participate. However, the Illinois Supreme Court Rules Committee is considering a proposal that would increase the role of jurors in the trial process itself.

On May 20, 2011, the Rules Committee is holding a hearing in Chicago, Illinois, to consider the proposal that jurors be allowed to submit written questions for the various witnesses. The jury's questions would not be given directly to the witnesses, but would be filtered through the judge and trial attorneys. The judge would read each written question to the lawyers in a closed session, giving the attorneys an opportunity to object.

The trial judge would then take these objections into consideration while ruling on whether or not to allow each question to be read to the intended witness. If the judge decides to allow the juror's question, he also has the option to either read it as written, or to modify it as he sees fit. Once the judge has made his decision, then either the judge or one of the lawyers would be responsible for reading the question to the witness during the trial, with both the plaintiff and defense attorneys being given the opportunity to ask the witness follow-up questions.

Continue reading "Should Illinois Jurors Be Allowed to Question Trial Witnesses? Illinois Supreme Court Rules Committee Considers New Proposal" »

As we near road construction season in Chicago, as motorists it is important to be on the lookout for changes in road conditions near construction sites. However, the summertime is not the only time Chicago motorists need to be concerned with poor road conditions. Sometimes bad road conditions result not from regular wear and tear, but rather from low quality road repairs. The personal injury case below is an example of these types of accidents.

The Illinois motorcycle accident occurred when plaintiff was attempting to stop his motorcycle while driving along 163rd Street in Homer Glen, Illinois. However, at the time, he was driving in the same area where the City of Homer Glen had contracted a storm sewer installation in August of 2005. As part of the storm sewer installation, the subcontractor, Dalton Brothers, had cut a four foot trench near the intersection of 163rd Street and Cedar Road. Instead of repaving this trench, Dalton Brothers simply filled it up with loose gravel.

However, by the time the plaintiff was driving his motorcycle over this same area, that gravel had worn away, leaving a six to eight inch depression in the road. Because the roadwork was finished, there were no signs to signal to motorists the dangerous road conditions; the plaintiff had no obvious warning that what he was about to drive over was gravel, not pavement. Needless to say, the plaintiff's motorcycle skidded as he attempted to stop on the loose gravel.

Continue reading "Loose Gravel on Roadway Results in Illinois Motorcycle Accident - $1.73 Million Settlement Reached" »

It is one of the first things you learn in driver's ed and is repeated over and over again to new drivers: always keep your eyes on the road. However, this advice is useful not only for new drivers, but for experienced drivers, too. Take for instance the case of Benton Chapman, a 44 year-old truck driver who took his eyes off the road to adjust his radio and caused a multiple car accident on an Illinois expressway, Estate of Lafi Nofal, M.D., deceased, et al. v. Benton Chapman, Cardinal Transport, et al., 06 L 2263.

Immediately prior to the Illinois car crash, Chapman was driving a tractor-trailer truck along Illinois Interstate 55. Traffic was flowing at a reasonable speed and Mr. Chapman looked away from the road for a minute to adjust his XM Satellite radio. However, when he looked back to the roadway, Chapman discovered that the flow of traffic had slowed significantly and that he was driving way too fast.

Unfortunately, Chapman didn't even have enough time to brake before crashing into the car immediately in front of him. Dorothy Walsh, that car's driver, was killed as a result of the rear-end collision. However, Chapman's truck did not stop there, but continued in its path, striking another vehicle driven by Magdi Hussein, a bobtail trailer, and three other vehicles. The severity of the Cook County highway accident caused the Stevenson Expressway to be closed for five hours.

Continue reading "Cook County Multi-Vehicle Rear-End Accident Results in $8.4 Million Jury Verdict - Nofal v. Cardinal Transport, Inc." »