Chicago Personal Injury Lawyer Blog

An Indiana jury found entered a $4.25 million verdict against a truck driver and his employer for the wrongful death of 28 year-old Hawa Sissoko in Estate of Hawa Sissoko, deceased v. Roadway Express, Inc., YRC Worldwide, Inc., et al., 09 L 2542.

Sissoko's vehicle was stopped on an Indiana tollway; Sissoko's 2007 Dodge Intrepid was not pulled to the side of the road, but was in fact sitting in the right lane of traffic. According to eyewitness reports, Sissoko was standing behind her car when she was struck by a semi truck driven by Alfred Baggiani. Sissoko was pinned between the truck and her car, which then caught on firing; Sissoko died immediately as a result of the highway accident.

Sissoko was survived by her parents and eight siblings, all of whom lived in Mali, West Africa. And while Sissoko's parents had not seen her since 2000, they maintained regular contact by telephone. A lawsuit was brought by Sissoko's surviving family members against Baggiani according to the Illinois Wrongful Death Act. Sissoko's estate also brought a claim against Roadway Express, Inc., the trucking company Baggiani worked for, and its parent company, YRC Worldwide, Inc. The wrongful death claims sought damages for the loss of Sissoko's society that her family had allegedly suffered as a result of the defendants' negligence.

Continue reading "$4.25 Million to Family of Pedestrian Killed in Fiery Highway Crash - Estate of Hawa Sissoko v. Roadway Express, Inc." »

According to the Illinois Workers' Compensation Commission, workers' compensation is "a no-fault system of benefits paid by employers to workers who experience job-related injuries or diseases." The idea behind workers' compensation is that when an employee is injured during the scope of his/her employment, that the employer will cover medical fees associated with that injury.

And while the employer may sometimes dispute the extent and nature of the injured worker's injury, that was not the basis for the Illinois lawsuit of Elite Labor Services, Ltd. as subrogee of Fulgencio Nunez v. William Dudek Manufacturing, 09 L 14859. Rather, the lawsuit involved a dispute about who should pay the workers' compensation benefits - the injured worker's employer, or the company he was performing work for.

Fulgencio Nunez was employed by Elite Labor Services, a staffing agency specializing in contract and temp employees. Elite had agreed to supply staff to William Dudek Manufacturing, a manufacturing company that specialized in creating precision metal stampings and wire forms. In addition to supplying staff to Dudek, Elite had agreed to cover all workers' compensation benefits for the workers it supplied to Dudek. However, the agreement regarding the workers' compensation benefits was not formally set down in any contract, but rather was a verbal agreement between Elite and Dudek.

Continue reading "Companies Dispute Responsibility for Workers' Compensation Claim - Elite Labor Services, Ltd. v. William Dudek Manufacturing" »

When you are first learning to ride a bike, you take precautions to ensure your safety - perhaps by wearing a bicycle helmet, or by using training wheels. But as we become more confident bicyclists we tend to abandon those safety measures. However, the decision not to wear a bicycle helmet and to engage in dangerous bike riding behavior can lead to potentially fatal bicycle accidents.

According to a recent report released by the Insurance Institute for Highway Safety, in 2009 alone 630 bicyclists were killed in motor vehicle accidents and 51,000 bicyclists were injured. Of those bicyclists who were killed, the study showed that 91 percent of them were not wearing bicycle helmets. And according to the National Highway Safety Administration, only about 35% of bicyclists use bike helmets on a regular basis.

Illinois does not currently have a bicycle helmet law in place that would require bicycle riders to wear an approved helmet while riding their bicycles. In fact, only 37 of the 50 U.S. states actually require bike riders to wear helmets; most of the bike helmet laws in place only apply to riders aged 18 and younger.

Continue reading "Bicycle Injuries and Deaths on the Rise - Illinois Lawmakers Amend Illinois Vehicle Code" »

The US Army is investigating whether the death of two soldiers was in any way caused by workout supplements. Both soldiers died after being engaged in physical activity on a Southwest Army base. Dimethylamylamine (DMAA), the active ingredient in these workout supplements, was later found in both soldiers' toxicology reports. The Army is trying to determine whether there is a connection between health problems and these popular workout supplements.

Perhaps the most well known examples of these pre-workout "boosters" are Jack3d and OxyElite Pro, both manufactured by USPlabs. Both products contain DMAA and are advertised as being able to increase the taker's energy and lead to better workouts. Currently both Jack3d and OxyElite Pro are classified as dietary supplements and subsequently do not need to be approved by the Food and Drug Administration (FDA).

A recent New York Times article quoted Kerri Toloczko, a USPlabs spokeswoman, as stating that "there have been over one billion doses of DMAA-containing products taken without a single corroborated serious" health problem among those taking the workout boosters as directed. But while those responsible for manufacturing and marketing these products claim they are safe when used as directed, medical experts are claiming there might be serious health concerns when taking DMAA.

Continue reading "Army: Workout Supplements May Have Caused Two Soldiers' Deaths" »

An Illinois construction worker's lawsuit was dismissed after the trial judge found that the plaintiff had failed to show sufficient evidence to support his claim against the one of the construction job subcontractors. While the plaintiff attempted to overturn this ruling in his appeal, the Illinois Appellate Court agreed with the trial court, thereby dismissing the plaintiff's Illinois construction injury claims against the ironwork subcontractor. Oshana v. FCL Builders.pdf.

The personal injury claim was based on an injury that occurred at the Willow Inn construction site. Plaintiff Anwar Oshana was working as an ironworker for JAK Ironworks when he fell from a steel beam. Oshana filed a personal injury claim against Suburban Ironworks, the site's ironwork subcontractor that was responsible for fabricating and delivering the project's structural steel. Oshana claimed that Suburban Ironworks was responsible for ensuring that the steel was erected in a safe manner.

However, Suburban Ironworks argued that it was not responsible for JAK Ironworks's employees safety. Suburban Ironworks pointed out that it did not have an ongoing presence at the job site and therefore was not responsible for overseeing the safety of the various employees involved in erecting its steel structures. Under this theory, Suburban Ironworks moved to dismiss the case on the basis that Oshana had not presented sufficient evidence to show that Suburban had control of the construction site. The trial judge agreed and dismissed Oshana's claim against Suburban Ironworks, a decision that Oshana then appealed.

Continue reading "Illinois Appellate Court Affirms Dismissal for Subcontractor After Ironworker Injury - Oshana v. FCL Builders" »

In order for a case to be dismissed on summary judgment, there needs to be a clear and obvious outcome that precludes the need to hold a jury trial. A judge may grant a motion for summary judgment if there is only one possible conclusion a jury could find. The idea is that if it is already obvious which way the jury will find, then there does not need to be a jury trial. However, if there are any unresolved issues of fact which remain to be decided upon, then the civil suit needs to proceed to trial.

The Illinois Appellate court recently reviewed a trial judge's dismissal of a personal injury lawsuit after granting summary judgment in favor of the defense; Gregory Gvillo v. DeCamp Junction, 2011 IL App. (5th) 100262 (October 31, 2011). The defendants claimed that the plaintiff's claim was precluded under the contract sports exception, whereas the plaintiff contended that it did not apply based on the defendants willful and wanton misconduct. While the appellate court agreed with the defendants, it still found that the defendants were not entitled to summary judgment because a genuine issue of fact remained unresolved.

Gvillo was filed after Gregory Gvillo suffered an ankle fracture and nerve injury during a softball game. Gvillo was playing first base at the time of his softball injury when Aron Klenke was running towards first base when he collided with Gvillo. Gvillo filed a personal injury lawsuit against DeCamp Junction, Inc. and Jim Moultrie for not setting the softball field up according to Amateur Softball Association (ASA) guidelines. Gvillo also filed a claim against Klenke for his role in Gvillo's personal injury.

Continue reading "Illinois Appellate Court Confirms That Softball is a Contact Sport - Gvillo v. DeCamp Junction" »

The Illinois Appellate Court recently entered a ruling on whether or not the payment of a workers' compensation lien cancels out a party's contribution claim. The court found that while a contribution claim is not eliminated when a workers' compensation lien is waived following a jury verdict, it is null and void when the lien is waived following a settlement. Scott McMackin v. Weberpal Roofing.pdf.

Scott McMackin owned and operated his own construction company, McMackin Construction Company. In August 2006, Scott was working on a construction site when he was injured. Scott sued Weberpal Roofing, the construction contractor, for negligence in causing his construction site injury. In turn, Weberpal Roofing filed a third-party contribution claim against McMackin Construction under the Illinois Joint Tortfeasor Contribution Act.

And while Scott's personal injury case against Weberpal Roofing settled for $450,000; Weberpal's claim against McMackin remained unsettled. However, following Scott's settlement, McMackin Construction sought to dismiss Weberpal's claim by filing an affirmative defense. In its filing, McMackin Construction pointed to the fact that it had waived its workers' compensation lien following Scott's settlement with Weberpal. Because Scott worked for McMackin Construction, it had been responsible for paying Scott $134,797 under the Illinois Workers' Compensation Act for the injury he sustained while at work.

According to McMackin Construction's defense, the $134,797 was the maximum amount that Weberpal was entitled to recover from McMackin under its third-party contribution claim. However, Weberpal had relinquished its right to recover those funds when McMackin waived its workers' compensation lien for Weberpal's settlement. The trial court agreed with McMackin and dismissed Weberpal's third-party claim; however, Weberpal appealed this decision to the Illinois Appellate Court.

Continue reading "Construction Company Loses Bid for Injury Contribution Claim - McMackin v. Weberpal Roofing" »

While the widespread use of the internet has provided many benefits to the legal community, e.g. online case law, electronic court dockets, etc., it has also brought some challenges. Take for instance the case of Eskew v. Burlington Northern.pdf. In Eskew, the defendants requested a retrial after discovering that one of the jurors had blogged about the trial.

At the Illinois wrongful death trial of Eskew, the jury awarded $4.75 million to the widow of Scott Eskew, a legally blind man who was killed by a train at a Berwyn Metra stop. The estate and family were represented by attorneys Michael Rathsack and Jay Paul Deratney. However, following the wrongful death trial, it was discovered that one of the female jurors had been posting blogs regarding the trial and jury deliberations while the trial was still going on.

Not only did the defendants argue that the blog posts violated the general jury instruction of not talking about the trial while it is going on, but also showed other discrepancies in the jury's behavior. The defendants requested that the trial judge launch an evidentiary investigation into the juror's blog and the alleged juror misconduct. However, the trial court denied this request; it is this denial that is at the issue of the defendants' appeal.

Continue reading "$4.75 Million Jury Verdict to Stand - Supreme Court Will Not Overturn Case of the "Blogging Juror" in Eskew v. Metra and BNSF Railway Co." »

When it comes to car accident lawsuits, a jury will very rarely reward a driver for engaging in dangerous behavior. This trend held true in the motorcycle accident case of Edward Utterback, Janette Simons v. Dawn Isenhart, 09 L 15849. The jury found in favor of the defendant after determining that the plaintiff motorcycle driver was 100 percent at fault for the accident.

The motorcycle crash occurred near the Chicago intersection of Clark Street and Granville Avenue. The defendant, Dawn Isenhart, was making a right-hand turn into the parking lot of the Raven Theater. As Isenhart turned, she collided with Edward Utterback's motorcycle, throwing both he and his passenger from the vehicle.

Utterback sustained a rib contusion, or bruise, and suffered from neck pain following the motorcycle accident. Janette Simons, his passenger, fractured her right collar bone, sustained "road rash," and required stitches. She also reportedly lost consciousness at the scene of the crash.

Both Utterback and Simons filed a personal injury claim against Isenhart in which they contended that Isenhart's negligent driving caused their injuries. And while both parties initially included lost wage claims for their missed time from work, Utterback withdrew his claim prior to the Cook County trial.

Continue reading "Cook County Jury Finds for Driver of Car in Motorcyclist's Injury Case - Utterback v. Isenhart" »

Driver fatigue is a leading cause of roadway accidents which could have been easily avoided if the driver had only gotten enough sleep. For this reason, all commercially licensed truck and bus drivers are required to log both their driving hours and their breaks. If a driver adheres to these logbook requirements they should be able to avoid driver fatigue. However, if a truck or bus driver fails to follow these requirements it could lead to potentially fatal accidents.

Take for instance a 2005 highway crash that occurred in New York. A young bus driver had falsified his log book and was reportedly driving erratically. The bus driver ended up slamming into a truck that was parked on the side of the highway. Nineteen passengers were injured in the bus crash; three passengers and the truck driver were killed.

The Canadian bus had been chartered by a women's youth hockey team, the Windsor Wildcats, and was on its way to a ski resort at the time of the highway accident. The bus was driven by a 24 year-old bus driver who had only been working for Coach Canada for two months. According to eyewitness reports, he was driving erratically before the accident occurred and swerved directly into the parked tracker-trailer to cause the highway crash.

Continue reading "$36M Settlement in Charter Bus, Tractor Trailer Crash That Killed 4 and Injured Many" »

In TV courtroom dramas, the story always ends with the jury verdict. However, in real life, sometimes the jury verdict is just the beginning. Lawyers can appeal a jury verdict with the hope of reversing the verdict, or even of obtaining a new trial. And while most appeals only make it to the appellate court level, some are taken all the way to the supreme court.

In the wrongful death lawsuit of Tracey Powell for the Estate of Adam McDonald, deceased v. Dean Foods Company, et al., 2012 IL 111714, the plaintiffs received a $20 million jury verdict. However, the case did not stop there. One of the defendants filed an appeal, which resulted in a reversal of the $20 million verdict and a new trial. The plaintiffs then appealed that decision to the Illinois Supreme Court and were eventually able to get the original $20 million verdict reinstated. So while the plaintiffs were left with the initial outcome, it took a much longer time for them to claim their award.

The case facts in Powell involved a 2002 Indiana truck accident in which three people were killed. Christina Chakonas was attempting to make a left turn after stopping at a stop sign when she was struck by a tractor-trailer driven by Jamie L. Reeves. Chakons and her two passengers, Adam McDonald and Diana Kakidas, were killed. A wrongful death lawsuit was filed against Reeves, his employer, and the company that owned the goods he was transporting.

Continue reading "$20 Million Jury Verdict Reinstated on Substitution of Judge Issue - Powell v. Dean Foods Co." »

In a case of police brutality, the City Council of Chicago will pay a $525,000 settlement to the family of an autistic boy. Oscar Guzman, a minor, was chased and clubbed by police in a case of mistaken identity. The family sued the City of Chicago and the Chicago Police officers for the physical and mental anguish Oscar sustained.

In 2009, Oscar was watching pigeons in front of his family's Little Village restaurant when two police officers approached him. According to the police, Oscar matched the description of a suspect they were looking for. When he was unable to answer questions and retreated into the family's restaurant, the police officers chased him. According to one of the officers, Oscar reached towards his wristband and he walked away, which led them to suspect that he had a gun.

Inside the restaurant, Oscar's parents tried to explain that Oscar had special needs, that he was autistic, and pleaded with the officers to leave him alone. The officers pushed Oscar's father out of the way and ignored Oscar's cries that he was "a special boy." Oscar was hit on the head with a retractable club and sustained a four-centimeter laceration to his head. He was taken to the hospital by ambulance and received stitches.

Continue reading "City of Chicago to Pay $525,000 to Settle Police Abuse of Autistic Boy" »

When completing a business contract, it is important to make sure that you satisfy all the requirements as stated. Even if someone verbally tells you to waive one of the requirements, in the end you might be the one who loses out. Take for example the case of Michael Downs, et al. v. Rosenthal Collins Group, LLC, et al., No. 1-09-0970 and 1-09-2091 (Consolidated) (December 16, 2011). The plaintiff, Michael Downs, lost out on an interest at his former company because he failed to comply with the contract's requirements.

Downs was hired by Rosenthal Collins Group (RCG) in 1997 as its CEO. His starting annual salary was $350,000. In addition, Downs's employment contract offered the option to purchase a 2.5% limited partnership interest at "book value." In order to exercise his purchasing right, Downs needed to sign a promissory note. However, for one reason or another, Downs failed to do so.

A year after Downs was hired, RCG reorganized as an LLC, at which point a distinction was made according to the different classifications of owners. Under this new classification, Class A owners were majority owners and managing members, while Class C owners were those owning less than 1/10 of 1% of the company. From 1999 to 2002, Downs began receiving compensation above and over his annual salary based on his additional responsibilities. This additional compensation amounted to 2.5% of the company's net profits, or a 6.5% distribution.

In 2004, Downs was fired from RCG. Downs then sued the company for breach of contract in which he alleged that he owned a 6.5% share of RCG. However, the trial court found that Downs only owned a 2.5% of the corporation, a finding that RCG contested. Both parties appealed the court's decision in the commercial litigation lawsuit; Downs on the basis that he owned more and RCG on the basis that he owned nothing.

Continue reading "Illinois Appellate Court Holds That Express Terms in Employment Contract Not Waived - Downs v. Rosenthal Collins Group" »