Chicago Personal Injury Lawyer Blog

The Illinois Appellate Court affirmed a circuit court's ruling regarding the venue in a railroad employee's personal injury lawsuit. While the railroad company had wanted to transfer the case to Mississippi, the Illinois courts supported the plaintiff's choice of Illinois as the case's venue. Fennell v. Illinois Central Railroad Company, 2012 WL 19455 (Ill.App.2012).

The plaintiff, Walter Fennell, had been working for Illinois Central Railroad Company for over 35 years. In 2009, Fennell filed a Federal Employers Liability Act (FELA) lawsuit against Illinois Central Railroad. The FELA lawsuit alleged that Fennell was exposed to asbestos, diesel exhaust, environmental tobacco smoke, sand, and toxic fumes, dust, and gases during the tenure of his employment, which in turn resulted in Fennell's current respiratory problems. Fennell was seeking compensation for the health problems he allegedly developed during the course of his employment with Illinois Central.

Shortly after Fennell was filed, Illinois Central sought to have the case dismissed under the doctrine of interstate forum non conveniens, which is a legal doctrine that allows a court to deny its jurisdiction if it finds that a different forum would be more convenient and more equitable. The defendant railroad argued that Mississippi would be a more convenient and fair location on the grounds that Fennell himself lived in Mississippi, that Fennell had worked in Mississippi for the majority of his career, and because the alleged injury likely occurred in Mississippi. However, the trial court denied the defendant's motion and affirmed Illinois's jurisdiction in the case; the defendants appealed this decision.

Continue reading "Illinois Retains Jurisdiction Despite Defendant's Motion to Dismiss for Inconvenient Forum - Fennell v. Illinois Central Railroad Company" »

A Missouri judge declared a mistrial in a class action lawsuit against tobacco manufacturer Philip Morris USA because the jurors had still not come to a decision after five days of deliberation. The Missouri lawsuit was first filed in 2000 and included claims that the cigarette company had misled smokers through its claims that "light" cigarettes were safer than regular cigarettes.

While other tobacco companies have employed similarly misleading language by advertising "light" or "low tar" cigarettes, the St. Louis personal injury lawsuit specifically focuses on Philip Morris. It alleges that Philip Morris was in violation of the Missouri Merchandising Practices Act due to its false claims that its Marlboro Lights contained less tar and nicotine than its Marlboro Reds.

Since being filed in 2000, the Missouri lawsuit had undergone eleven years and several twists and turns, including an appeal and several trips to the federal court. And while St. Louis Circuit Judge Michael David put an end to the current litigation cycle, the case can still be retried. And according to the plaintiffs' attorney, there are already plans in the works to begin retrying the class action lawsuit.

Continue reading "Judge Declares Mistrial in $700 Million Tobacco Lawsuit" »

In the Cook County personal injury case of Wayne C. Bland and Suzanne Bland v. Citgo Petroleum Corp., 07 L 1633, a company takes responsibility for the negligence of one of its employees. The worker at the Citgo Petroleum Corp.'s Lemont plant left a piping system valve open, thereby releasing hydrofluoric gas into the surrounding areas. The cloud of noxious gases left another man hospitalized and led to the filing of this work injury lawsuit.

The 41 year-old plaintiff, Wayne Bland, was working as a crane operator for Imperial Crane at the time of his work injury. After breathing in the dangerous gas, Bland required a six day hospitalization due to the respiratory damage caused by the toxic gas. Bland was diagnosed with acute respiratory tract damage, which presented as a general chest tightness and a persistent cough. While Bland's symptoms lasted for several months, his medical providers were unable to find any significant respiratory problems.

Because Bland was not employed by Citgo, it would not be responsible for paying any workers' compensation he received as a result of his work injury. However, its employee was the cause of Bland's accident, so by association Citgo was also at fault for Bland's injury. Therefore, Bland brought a lawsuit against Citgo which accused the petroleum company of being responsible for its employee's negligence in leaving the pipe valve open and for causing Bland's subsequent injuries.

Continue reading "Jury Awards $403,000 to Worker Exposed to Toxic Gas at Citgo Refinery - Bland v. Citgo" »

In 2002, a mother and her teenage daughter were living in a rented home. One night, the high school junior returned home at 10:30 pm and noticed a faint order when she walked into the residence, but she didn’t identify it as natural gas because she didn’t know what natural gas smelled like.

On the following morning, the mother woke up about 6:30 am and smelled what she thought was natural gas. Her daughter recognized the odor as the same she had detected the night before but the smell had grown much stronger. The mother called 911, but the gas explosion occurred immediately after that call was made. The mother and daughter were severely injured.

The plaintiffs sued the owner and general manager of the duplex where they lived as well as the plumbing company that had installed the gas piping. It was alleged by the plaintiffs that the interior gas piping had been installed negligently and caused the explosion.

After the lawsuit had been filed, the plaintiffs added gas utility, Northern Illinois Gas as a defendant. The plaintiff settled with the building owner and general manager as well as the plumbing company. They proceeded against Northern Illinois Gas who they alleged was negligent in that the company failed to inspect its work and warn the plaintiffs.

Continue reading "Illinois Gas Company Held Not Responsible In Gas Explosion" »

Blue Island, Illinois residents rejoiced on word that the 1st District Appellate Court reinstated a $120 million class action verdict. The Illinois class action lawsuit was prompted when Blue Island residents complained that the refinery was responsible for years of air pollution and other forms of contamination.

The refinery in question changed hands several times over the course of the years in question. It was first operated by Clark Oil & Refining Corporation, which became Clark Refining & Marketing, Inc. who then became Premcor and then finally Valero Energy Corporation. Valero is the present owner and maintains that it did not own the plant at the time the refinery was held responsible for the damages to the residents.

In November, 2005, a Cook County jury awarded the class of plaintiffs $80 million in compensatory damages and $40 million additional in punitive damages. But about a year after the entry of the verdict, the trial judge, Cheryl A. Starks, entertained the defendant's post-trial motion to decertify the class and vacate the damage awards. The Appellate Court considered only the issue of whether or not Judge Starks had the authority to decertify the class- they ruled that she did not.

Continue reading "Illinois Mass Tort Class Action $120 Million Verdict Against Oil Refinery Reinstated by Illinois Appellate Court" »