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" »

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." »

A judge's job is to enforce the letter of the law. However, every so often a judge is presented with a case that whose law is not laid out in prior statute or case law. Take for instance the personal injury case of Gayane Zokhrabov v. Jeung-Hee Park, etc., 2011 IL App. (1st) 102672. The unique case facts meant that there was no clear legal precedent, leaving it up to the Illinois Appellate Court to establish a new precedent.

Zokhrabov arose out of an Illinois train accident in which Hiroyuko Joho was killed after being struck by a train. The plaintiff in the personal injury lawsuit, Gayane Zokhrabov, was standing on the train platform when Joho was hit by the fast-moving train. Zokhrabov was injured after being struck down by one of Joho's body parts; she then sued Joho's estate for her fractured wrist, legs, and shoulder.

The theory of liability in the Illinois personal injury lawsuit was that Joho's negligence caused Zokhrabov's injuries and that his estate should be liable for those injuries. Because the fact pattern in Zokhrabov's was unique and unprecedented, the Cook County judge handling the case relied on a similar Illinois lawsuit to make his ruling - Cunis v. Brennan, 56 Ill.2d 372, 308 N.E.2d 617 (1974).

Continue reading "Illinois Appellate Court Opens Waiting Passenger's Lawsuit Against Estate of Teen Killed by Amtrak Train" »

A Chicago jury awarded a train engineer damages for an injury he sustained while operating a Metra train; Clarence Hatchett v. Metra, 09 L 5185. The award came after a Cook County injury trial in which the railroad attempted to prove the train engineer was at fault for his own injury, a theory that the jury seemed to agree with - it apportioned 70% of the train accident to the engineer.

The train injury took place in January 2009, while the plaintiff, Clarence Hatchett, was employed by Metra Rail. Hatchett was about to depart from Chicago's Union Station on Metra's Milwaukee District North Central Line when he did what many driver's do before departing- he tried to adjust his engineer's seat.

At the Cook County trial Hatchett explained that he determines his seat back position based on his ability to easily reach the automatic break. However, Hatchett was unable to reach his ideal seat position because the seat back was stuck in a forward position, leaving him roughly six inches further forward than he would have liked. However, Hatchett made no further attempts to adjust the stuck train seat and departed from Union Station.

As Hatchett's train approached the line's track crossovers located near Franklin Park, he needed to reach back to apply the automatic break. As he did so, Hatchett heard a loud pop and felt immediate pain in his left shoulder. A later diagnosis revealed that Hatchett had sustained from a torn tendon in his left rotator cuff, for which he would require a total shoulder replacement.

Despite the prior existence of Grade III and Grade IV shoulder injuries, Hatchett attributed the rotator cuff tear to the pop he heard while reaching for the automatic break. He brought a FELA lawsuit against his employer, Metra, for the medical bills related to the injury, his lost time from work, and general pain and suffering.

Continue reading "Train Engineer Receives Jury Verdict for Injury to Shoulder While Applying Train Brake - Hatchett v. Northeast Illinois Regional Commuter Railroad Corp." »

A recent Illinois personal injury lawsuit evaluated the degree of duty a railroad owes to protect trespassers from becoming injured on its property. Dominic Choate v. Indiana Harbor Belt RR Co., et al., No. 1-10-0209 (June 2011), was filed after a 12 year-old boy required a leg amputation after falling from a moving freight train. A Cook County jury found the railroad negligence and awarded the boy $6.5 million for his injuries; an Illinois appellate court then affirmed the verdict after reviewing the case facts.

In July 2003, Dominic Choate was heading home from a friend's house when he decided to take a shortcut that required him to cross some train tracks. As he approached the train tracks, a freight train was driving by at about 9 to 10 mph. Choate decided to climb a ladder on the side of one of the passing freight cars, but fell from the moving train. The train then ran over his left foot, causing a below the knee amputation as a result of the train accident.

Choate filed a lawsuit against Indiana Harbor Belt RR Co. (IHB), the railroad company that owned the right-of-way where Choate had attempted to board the train. The complaint alleged that IHB was aware that children were regularly crossing the train tracks at that location and failed to take steps to defer children from trespassing and crossing at that location. The plaintiff was critical of the railroad's failure to warn children of the tracks' danger and that it did not fence in its property or otherwise prevent children from trespassing.

The defense responded by stating that it did not have a duty to prevent Choate from trespassing and that he was old enough to be aware of the dangers of train tracks. While the jury did find Choate partly responsible for his own injury, it still found that 60% of the fault lay with IHB. It entered a $6.5 million verdict against the railroad company, which was then reduced to $3.9 million after allowing for Choate's contributory negligence.

Continue reading "Illinois Appellate Court Affirms Railroad Owed Duty to Child Injured Climbing onto Train - Choate v. Indiana Harbor Belt R. Co." »

The Illinois jury verdict of $700,000 in Marjorie McDonald, etc. v. Northeast Illinois Regional Commuter Railroad Corp., etc., 2011 IL App. (1st) 102766, was upheld by the Illinois First District Appellate Court. The original personal injury lawsuit involved a train accident involving a Metra train that occurred in 2002. The Cook County jury held the train engineer and Metra liable for the injuries Thomas McDonald sustained while in a pedestrian train crossing.

The 79 year-old McDonald was crossing the train tracks at a North Glenview Metra station when a train began approaching. The Metra engineer sounded the horn to alert McDonald; however, the train ended up striking the pedestrian. As a result of the train accident, McDonald's arm was severed. McDonald died of unrelated causes shortly thereafter and his wife brought a lawsuit against Metra and its agents on his behalf.

The Illinois personal injury lawsuit alleged that Metra was liable for the train accident because it had not ensured that pedestrian signals were installed. According to the plaintiff's attorneys, the lack of pedestrian signals failed to provide an adequate warning to McDonald that the train was approaching. Furthermore, the plaintiff alleged that the train engineer failed to sound the horn in time to provide McDonald with an adequate warning.

Continue reading "Metra Train Crossing Accident Verdict of $700,000 Upheld By Illinois Appellate Court - McDonald v. Northeast Illinois Regional Commuter Railroad Corp." »

On June 24, 2011, a Union Pacific train traveling from Chicago to California was involved in a railroad crossing accident in rural Nevada. A semitrailer truck ran the crossing and struck the moving train, injuring several passengers and killing the truck driver and a crew member. The National Transportation Safety Board (NTSB) is currently conducting an investigation of what caused the crash and how it might have been prevented.

One of the avenues the NTSB is pursuing is whether or not the truck driver's judgment was impaired by drugs or alcohol at the time of the train crossing accident. However, because the driver died as a result of the crash, the NTSB must examine autopsy records in order to make this determination. In addition, the NTSB is reviewing the truck driver's driving history in order to gain insight into what might have happened.

The NTSB is also investigating the extent that the railroad itself contributed to the train accident. The NTSB will make sure that its safety standards were followed and that both the crossing lights and gates were operating correctly at the time of the train accident. However, report released by the Nevada Highway Patrol, who is also investigating the crash, stated that the warning lights and railroad gates were working at the time of the train accident.

Continue reading "Amtrak Train Crash Under Investigation by NTSB" »

A recent Cook County personal injury lawsuit involving a railway worker who was injured at work exemplifies many of the typical components for worksite injury lawsuits. Not only were there several defendants involved whom the injured worker held responsible for his work injury, but the defendants alleged that the railroad worker was actually responsible for his own injury. It was up to the jury in James Barnicle v. Belt Railway Company of Chicago, 06 L 1325, to decide who was at fault for the railroad accident.

In order to determine who was at fault, the jury must first examine the case facts. At the time of the work accident, 48 year-old James Barnicle was working as a railroad switchman for The Belt Railway Company of Chicago. His duties involved switching railcars traveling in and out of the Exxon Mobil plant located off Cicero Avenue. However, as he was engaging a track switch, it unexpectedly jerked towards him, causing an injury to his lumbar spine.

Barnicle claimed that the specific track switch was defective and that Exxon Mobil had prior notice of this defect. Plaintiff's lawyers attempted to establish the prior notice by submitting evidence that other employees had reported that the switch was difficult to operate and in need of repair. The idea being that if the jury believed that Exxon knew that the track switch was defective, but did nothing to repair the switch, then Exxon would be responsible for the plaintiff's injuries.

Continue reading "Cook County Railroad Employee Awarded $1.26 Million for Defective Track Switch Injury - Barnicle v. Belt Railway Company of Chicago" »

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" »

A Cook County jury entered a $246,000 verdict against the Chicago Transit Authority (CTA) for an injury a computer sustained after getting caught in a turnstile in the Illinois personal injury claim of Tekuru Kpea v. Chicago Transit Authority, 08 L 5324. The plaintiff, Tekuru Kpea, sustained severe injuries to his leg and part of the damages went towards his future medical care and surgeries.

In 2004, Kpea was passing through a fare-card turnstile at the CTA's Green Line Kedzie Station when his left leg became caught in the turnstile. In addition, this caused Kpea to fall forward, twisting his left leg while his knee remained stuck in the turnstile. As a result of his personal injury, Kpea sustained a left leg fracture, specifically to his left tibial plateau.

Kpea's personal injury was so severe that he required an open reduction internal fixation surgery of his left tibial plateau, which involves fixing the bones in place with metal rods and screws. While these metal implements aid the bone in healing properly, they increase the risk for infection because there are now foreign bodies in one's leg. Unfortunately, this is what happened in Kpea's case - he developed a post-operative infection which required several corrective surgeries.

Continue reading "CTA Rider's Fractured Leg Brings $246,000 Cook County Verdict - Kpea v. Chicago Transit Authority" »

A Cook County jury returned a verdict of over $1.5 million in Joseph Walters v. Belt Railway Company of Chicago, Chicago Northern Railroad Co., Gunderson Rail Services n/k/a Greenbrier Rail Services, 06 L-7349, an Illinois personal injury lawsuit for a railroad employee who was injured on the job. Since the railroad had already admitted liability for the train accident prior to trial, the Illinois verdict involved issues of damages only, e.g., loss of normal life, past and future pain and suffering, medical expenses, and lost income.

Joseph Walters was a railroad freight conductor working at a clearing yard owned by Belt Railway Company of Chicago in Bedford Park, Illinois. Mr. Walters fell from a train car after a grab-iron handhold that he was holding detached from the car. Grab-irons are the handles on the outside of trains that railroad employees use to hold onto the cars. As a result of his train accident, the railroad worker sustained a herniated disc at his L4-L5 spine and a rotator cuff tear.

The 41 year-old underwent multiple surgeries, including a spinal fusion and rotator cuff repair surgery, but was still left with permanent disabilities. In addition, Mr. Walters's prolonged pain led to the long-term use of various narcotic pain medications, which he claimed led to chronic constipation, hemorrhoids, and hernia repair surgery.

Continue reading "Cook County $1.5 Million Verdict for Injuries Suffered When Railcar Grab-Bar Breaks Off; Walters v. Belt Railway Company of Chicago" »

A former railroad worker found not able to pursue his Illinois railroad litigation case because his testifying medical experts were unable to identify the specific cause of the his injuries. The Illinois railroad litigation case was dismissed by the district court, a decision that was then affirmed at the appellate level in the case of Myers v. Illinois Central Railroad Co., d/b/a Canadian National/Illinois Central Railroad Co., No. 10-1279.

Timothy Myers, the 50 year-old plaintiff, had worked for the Illinois Central Railroad for 30 years as a brakeman, switchman, and conductor before retiring. He brought the Federal Employers' Liability Act (FELA) lawsuit to recover damages for injuries he suffered from cumulative trauma sustained by his elbow, knee, neck and back.

Myers based his FELA lawsuit on reports from three doctors and an ergonomist that opined that his injuries were caused by the railroad's negligence. However, the court did not consider any of this expert testimony when ruling on the railroad's motion to dismiss the case. As a result, the court granted a summary judgment in favor of the Illinois Central Railroad, a decision which Myers sought to have appealed by the U.S. Court of Appeals.

Continue reading "Illinois Railroad Worker's Medical Experts Unable To Connect Cumulative Trauma Injury - Myers v. Illinois Central Railroad Co." »

The Illinois Appellate Court, First District, reversed a Cook County Circuit Court judge's ruling which stated that the Chicago Transit Authority (CTA) was immune from liability under §27 of the Metropolitan Transit Authority Act. The case, Torf v. Chicago Transit Authority, No. 1-09-1710, was remanded back to the lower court for further handling after the Illinois Appellate Court determined there were questions as to material facts yet to be answered in the Illinois train accident case.

Torf involves a 2007 incident on a CTA redline train at the Cermak/Chinatown station. Shortly after departing from the L-station, the train line's power was shut off and all passengers, including Marla Beth Torf and her husband, were ordered to evacuate onto the tracks. In order to get down to the tracks, Ms. Torf first sat down on the train floor near its doors with the intention of sliding down from there. However, before she was able to do so, another CTA passenger knocked her down, causing her to sustain personal injuries.

Torf filed a complaint against the CTA that alleged the train operator owed her a duty to exercise the highest degree of care to protect the safety of its passengers. The plaintiff alleged that the CTA was negligent and had breached that duty during Ms. Torf's train accident. In response, the CTA filed a motion for summary judgment which alleged that the plaintiff's injuries were in fact caused by a criminal assault.

Continue reading "Chicago Transit Authority (CTA) Immunity Claim Reversed by Illinois Appellate Court - Torf v. Chicago Transit Authority" »

Two railroads have been sued following the death of 26 year-old Katie Lunn. Ms. Lunn, was killed when an Amtrak train travelling 70 mph struck her SUV which was stopped on the tracks in heavy traffic. The Illinois train accident took place on Stuenkel Road and Governors Highway in south suburban Monee, Illinois.

The Federal Railroad Administration had determined that before the Illinois train crash, flashing lights, bells and crossing gates had been inadvertently turned off while repairs were being made.

An Illinois train accident lawsuit was filed in the Circuit Court of Cook County claiming negligence on the part of Illinois Central Railroad and Wisconsin Central, Ltd. The two railroads are owned by the Canadian National Railway Company.

Although the federal investigation had cleared Amtrak of any responsibility for causing the incident, Amtrak could still be on the hook to pay for the wrongful death of Ms. Lunn. That may be because Amtrak had an operating agreement with Illinois Central that required it to indemnify and hold harmless Illinois Central against any negligence or fault on the part of Illinois Central or its employees. This is a typical type of indemnification clause found in many cooperating contracts.

Continue reading "Illinois Family Sues for Wrongful Death of Daughter Killed by Amtrak Train" »

The most recent in a round of settlements reached following a 2005 Metra train derailment have resulted in $1.45 million to Catherine Kozi-O'Donnell, a woman who sustained injuries in the Illinois train accident. The Joliet resident's leg was badly broken during the train accident and required knee replacement surgery.

Earlier this summer Metra reached a $2 million settlement with a man who suffered hip, shoulder, and leg injuries following the Illinois train derailment. In addition, the surviving families of two passengers who were killed as a result of the 2005 train accident, Jane Cuthbert and Allison Walsh, settled their claims with Metra for $11 million.

The 2005 Illinois train accident resulted in the death of the two women and 117 injured passengers. In Illinois, whenever there are large numbers of plaintiffs filing personal injury lawsuits against one similar entity, typically their claims are broken up into manageable groups. While these groups might initially all be treated as one entity in order to aid the discovery process, eventually they are placed on different litigation schedules. This schedule allows the defendant to stagger their response to the different individual lawsuits. Not only does this help the defendant, but it also helps the plaintiff by insuring that each's case receives equal attention.

Continue reading "Additional Metra Train Derailment Settlement Reached - $1.45 Million to Illinois Woman With Leg Injury" »