Chicago Personal Injury Lawyer Blog

When a civil lawsuit is subject to an appeal, there are typically two outcomes: either the court finds that the trial proceedings were just and legal, thereby putting an end to the case; or the court finds that errors were made at the trial court level and remands the case for a retrial. In the personal injury lawsuit of Michael Petraski, etc. v. Deborah Thedos, etc, et al., 2011 IL App. (1st) 103218
, the Illinois Appellate Court reviewed the case's trial proceedings a second time. In its most recent review, the court ordered yet another trial for the 2001 intersection accident lawsuit.

Petraski arose out of a 2001 Memorial Day crash involving the plaintiff, Margaret Petraski, and the defendant, Sheriff Officer Deborah Thedos. At the time of the intersection accident, Thedos was responding to a domestic dispute. In order to do so in a speedy fashion, Thedos ran a red light and crashed into Petraski's vehicle. The impact killed a passenger in Petraski's car and left Petraski an incomplete quadriplegic.

Following the first Illinois trial, the jury entered a $26.8 million verdict against Thedos and the Cook County Sheriff's Department. However, the defendants appealed this decision, arguing that the trial judge improperly excluded evidence of Petraski's alcohol consumption during the hours leading up to the car crash. Therefore, a second trial was initiated which allowed this persuasive evidence. At the conclusion of the second trial, the jury now returned a not guilty verdict in favor of the defendants.

Continue reading "Illinois Appellate Court Orders Third Trial For Car Crash Case - Petraski v. Thedos" »

In a large metropolitan area like Chicago it is not unheard of for a jury to return a $10 million or more personal injury verdict. Because large cities have large populations, the chances are greater that severe injuries will occur among that large population. However, in smaller districts, such as that of Warren County in downstate Illinois, the likelihood of a severe injury occurring are less. Therefore, a personal injury lawsuit like that of Warren County verdict, that results in a $2.5 million settlement can become the highest settlement ever reported in that county.

The facts surrounding the case arose out of a hit and run accident involving the plaintiff bicyclist and the defendant driver. The plaintiff was riding his bicycle on 180th Avenue near 90th Street in Monmouth, Illinois, a city located about 175 miles from Chicago. It was broad daylight and by all reports the conditions were clear. At the same time, the defendant was driving his parents' Ford F-150 pickup truck.

The defendant hit the plaintiff from behind, causing fairly severe injuries. However, instead of helping the cyclist, the defendant driver left the scene of the accident. It was later revealed that at the time of the Illinois bicycle accident the defendant was driving on a suspended license. In addition, over the ten years prior he had received over 40 moving violations.

Continue reading "$2.5 Million Settlement Reached in Pickup Truck/Bicycle Collision in Downstate Illinois" »

Honda recently announced it will be recalling over 300,000 vehicles worldwide due to air bag problems. The Honda recall has been issued for some of its most popular models, including the Accord, Civic, Odyssey, Pilot, and CR-V.

The recall affects driver-side airbags. According to a statement by Honda, the faulty airbags have been shown to inflate with too much pressure during a crash, which in turn has caused injuries to drivers. To date, the car manufacturer has cited at least 20 accidents related to the over-inflated airbags, with at least two resulting in the driver's death.

The current recall represents an expansion of earlier airbag recalls in 2008, 2009, and 2010. However, while the original recall was thought to be related to a problem with excessive moisture developing in the airbag's inflator propellant, the current recall is thought to be caused by a defective stamping machine. Whether this recall is the result of a design error or a product defect remains to be seen.

Continue reading "Honda Air Bag Problem Leads to Recall of 304,000 Vehicles Worldwide" »

A Circuit Court judge ruled on a provision in an insurance policy claim that arose out of a 2003 Chicago porch collapse. At issue was whether or not the death and injuries of several individuals was the result of a single occurrence. The judge decided in favor of the defendant insurance company, which contended that the injuries arising out of the porch collapse constituted a single occurrence in Jean Ware, et al. v. First Specialty Insurance Corp., 10 CH 10841.

The 2003 porch collapse that is the subject of Ware occurred in Chicago's Lincoln Park neighborhood. The various plaintiffs were outside on a third story porch when it collapsed; thirteen individuals died while many others suffered severe injuries. The building was insured by First Specialty Insurance Corp.; therefore, the injured plaintiffs brought a claim against the insurance company for the personal injuries and wrongful deaths that arose out of the porch collapse.

The current issue deals with the fact that the First Specialty Insurance policy had a limit of $1 million per occurrence and a $2 million aggregate limit for multiple occurrences. While the plaintiffs argued that their injuries constituted multiple occurrences since the related deaths happened at different times, the defendant argued that the claim constituted one occurrence because all the injuries arose out of the porch collapse. If the judge ruled in favor of the plaintiffs, then there would be a $2 million policy cap; whereas if the judge ruled in favor of the defendant, then there would only be a $1 million policy cap.

Continue reading "Cook County Judge Restricts Insurance Recovery in Porch Collapse Case; Ware v. First Specialty Insurance Corp." »

The plaintiff in a Lake County car accident lawsuit was awarded a $60,283 verdict for her injuries and lost time from work. The plaintiff in Pamela Paolinetti v. Demitry Yakovleva, 09 L 667 (Lake County), failed to complete all of the recommended medical treatments and was still experiencing pain. Consequently, the defendant challenged the nature and extent of the plaintiff's injuries following the Illinois car accident.

The plaintiff, Pamela Paolinetti, had been rear-ended by defendant Demitry Yakovleva. Both Paolinetti and Yakovleva's vehicles suffered significant damage, with both cars needing to be towed from the scene. Paolinetti's injuries required her to be taken by ambulance to the nearest emergency room.

Upon arrival at the Lake County ER, Paolinetti was treated for neck and back pain. Further testing determined that the car accident had aggravated her pre-existing arthritis. Paolinetti's doctors referred her for physical therapy; however, when her symptoms continued they then recommended cortisone injections. Cortisone is a steroid that is typically prescribed to relieve joint or muscle pain. However, while cortisone injections can relieve pain, they also carry the risk of multiple side effects, including joint infection, nerve damage, and osteoporosis.

Continue reading "$60,000 Jury Verdict in Admitted Liability Rear-End Crash - Paolinetti v. Yakovleva" »

There is a certain level of trust that exists between an employer and employee based on the assumption that all parties will work in the company's best interest. However, sometimes certain parties put their own interests first, even going to the extent of committing fraud against their company. The Illinois business fraud lawsuit of Catmet Company, Inc. v. Michael Melnick, 4M Trading, LLC, et al., 05 L 9164, involves three separate counts of fraud committed by a former employee.

The business fraud cases were brought by Catmet Company, Inc., a company involved in processing catalytic converters. Catmet's business model involves purchasing catalytic converters from scrap yards and other supplies. Catmet then removes valuable metals from the used catalytic converters, e.g. platinum, palladium, and rhodium, which it then sells to other end-users.

Catmet alleged that between 2003 and 2005 one of its former employees, Michael Melnick, had worked in conjunction with other outside parties to defraud Catmet. Catmet's lawsuit involved not one, but three different schemes in which Melnick had swindled its employer out of business profits. And while the jury considered each of the schemes separately, it returned verdicts in favor of Catmet on all three counts.

Continue reading "$5M Verdict for Company for Conspiracy and Fraud Against Ex-Employee - Catmet Company v. Melnick" »

The AV premium rating is the pinnacle of excellence earned through strenuous peer-review ratings according to Martindale-Hubbell, legal resource provider. Chicago attorney Robert D. Kreisman of Kreisman Law Offices has been bestowed with this honor after 25 consecutive years of receiving the highest rating from the organization.

In 1987, after the peer review of other professionals and attorneys rated Robert D. Kreisman at the highest level of achievement, he received the AV rating from Martindale-Hubbell. He has maintained that level throughout his years of practice.

Robert D. Kreisman of Kreisman Law Offices has been handling client matters in medical malpractice, product defect matters, and commercial matters for individuals, families and businesses for more than 35 years in and around Chicago, Cook County and surrounding areas, including Zion, Winfield, River Forest, Peoria, Elk Grove Village, and Mundelein, Illinois.

Continue reading "25th Anniversary Year of Receiving Highest Legal Honor for Robert D. Kreisman - Martindale-Hubbell’s AV Rating" »

Back in November Volkswagen began notifying its customers that it would be voluntarily recalling numerous of its diesel models for faulty fuel injectors. The car manufacturer estimates that this recall could affect more than 168,000 vehicles. While Volkswagen's website has more information on the specific models the Volkswagen recall effects, they include:
• Volkswagen Golf models manufactured between 2010 and 2011,
• Volkswagen Jetta models manufactured between 2009 and 2012, and
• some Audi 3 models manufactured between 2010 and 2012.

Of the above models, only those vehicles containing the 2.0L TDI® Clean Diesel engine are included in the recall. According to Volkswagen, there is a possibility that certain vibrations will cause a fuel line crack in the engine, which could then cause a fuel leak. While the National Highway Traffic Safety Administration (NHTSA) warns that fuel leaks could lead to car fires, Volkswagen stated that it is not aware of any accidents or injuries caused by fuel line cracks in its diesel engines.

Continue reading "168,000 Volkswagen and Audi Diesel Vehicles Recalled for Fuel Leaks" »

An Illinois Appellate Court upheld a trial court's ruling that a hotel chain did not infringe on a design firm's design copyright when building its hotel; Nova Design Build, Inc. v. Grace Hotels, LLC, et al., No. 10-1738. However, while the trial court came to this conclusion based on its assessment that the design firm failed to comply with the copyright requirements, the appellate court concluded that the design was not truly original and thus not protectable under copyright laws.

In order to understand the outcome of the copyright lawsuit, some background information is required. In 2006, Nova Design Build submitted architectural plans to Grace Hotels to try and secure a bid to build a new Holiday Inn Express in Waukegan, Illinois. During the negotiation process, Grace Hotels and Nova Design agreed that even if Grace did not contract Nova Design to build the hotel, that it would pay Nova various fees and costs in order to use its design.

Grace Hotels eventually decided not to contract Nova and its builders to construct the new hotel. And while the contract called for Grace to pay $28,000 to Nova for design fees and the right to use the design, both parties agreed to reduce that amount to $18,000. However, the dispute did not end there. Nova went on to register its design with the US Copyright Office and then proceeded to sue Grace for violating that copyright and using Nova's design without permission.

Continue reading "Copyright Found Not Protectable in Holiday Inn Express Design Case - Nova Design Build v. Grace Hotels" »