Chicago Personal Injury Lawyer Blog

An Illinois District judge denied the U.S. government's motion for summary judgment on the basis that the government had failed to establish that the plaintiff's claim was not valid in James D. Fowler v. The United States of America, 08-CV-2785. The U.S. government had attempted to prove that the plaintiff was barred from receiving compensation from the post office because he had already received workers' compensation directly from his employer. However, the district court disagreed with the U.S.'s classification of the plaintiff as a "borrowed employee," thereby denying its motion for summary judgment.

The claims in Fowler arose out of an injury that James Fowler sustained at a while delivering mail to a Libertyville Post Office. Fowler was an employee of Eagle Express, a company which regularly contracted with the U.S. Postal Service to move mail between its various facilities. Under these "highway contract routes" (HCR) agreements, Eagle Express was responsible for covering all of the costs and duties associated with delivering mail on its required routes, including the payment and insuring of Eagle Express employees.

So even though Fowler was injured at the Libertyville Post Office while engaged in work for the U.S. Postal Service, his workers' compensation claim was covered by Eagle Express. However, he sought to recovery additional damages from the U.S. Post Office based on the negligence of its employees in causing his injury based on the Federal Tort Claims Act. The FTCA allows parties to sue the U.S. for personal injury "caused by the negligent or wrongful act or omission" of any federal government employee "while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. § 1346(b)(1).

However, the U.S. argued that it was not liable for Fowler's injuries because he was a borrowed employee. Because the Illinois Workers' Compensation Act is an exclusive remedy, an employee's employer and any borrowing employer are immune from tort liability arising from an injury. Jorden v. U.S., Dist. Court, ND Illinois 2011. U.S. argued that just as Fowler was barred from pursuing a lawsuit against Eagle Express because he had already recovered workers' compensation, so was Fowler barred from suing the U.S. Post Services based on his status as a borrowed employee.

Continue reading "U.S. Court Finds Injured Worker Is Not a Borrowed Employee of Post Office - Fowler v. U.S. " »

You don't have to be a commercial truck driver to know about driver fatigue. We've all been there, whether driving home from work, or the long trip home from school - when your eyes become heavy and that cup of coffee doesn't seem to be doing the trick. Under these conditions, drivers are much less aware and highway accidents are much more likely to occur.

While casual drivers might have the luxury of switching drivers, or pulling off the road when driver fatigue sets in, commercial drivers are not so lucky. Which is why the federal government is working to create new regulations that work towards preventing driver fatigue for commercial truck drivers. The Federal Motor Carrier Safety Administration (FMCSA) introduced new rules limiting the amount of daily and weekly hours truck drivers are allowed to be behind the wheel.

According to the 2011 HOS RIA -Main Document.pdf, truck drivers may be on the road for up to 11 hours per day. In addition, after every eight hours shift, truck drivers are required to take a minimum 30 minute break before they are able to get back on the road. And while the 11 hour daily limit may seem high, the FMCSA did reduce the maximum hours a truck driver can be on the road for the whole week by 12 hours from prior rules, setting the new weekly limit at 70 hours.

Continue reading "Federal Motor Carrier Safety Administration Reduces Trucker's Weekly Hours" »

Every day we get into cars with other drivers; however, we rarely think about the fact that we are entrusting our lives into those drivers. In the case of Cheri Razim, John Razim v. Steven R. Erickson, Zachary Stewart, 08 L 351 (Winnebago County), the plaintiff, Cheri Razim, sued the driver of her vehicle and the driver of the other vehicle involved for their cause in a motorcycle accident.

The Illinois motorcycle accident occurred on Memorial Day at a Winnebago County intersection. Razim was a passenger on Steven Erickson's motorcycle, which was approaching the T-intersection; while Zachary Stewart was approaching from the opposite direction. Stewart made a left-hand turn in front of Erickson's motorcycle. Erickson was unable to swerve out of the way and ended up striking the back of Stewart's pickup with his motorcycle. Both Razim and Erickson were thrown from the motorcycle as it skid 98 feet from the site of impact.

As a result of the intersection accident, Razim sustained multiple fractures to her right arm, neck, femur, both legs, left ankle, and left foot. She was forced to undergo several surgeries, including an open reduction internal fixation of her right tibial plateau, left humerus, and right wrist. In addition, the multiple lacerations and abrasions she sustained required her to undergo plastic surgery and skin grafts on her right leg. The various procedures left Razim hospitalized for almost four weeks, with an additional six weeks needed at a rehab center. Despite her lengthy medical care, Razim is still primarily confined to a wheelchair and needs to keep her right leg straight and elevated due to venous insufficiency.

Continue reading "$1.9 Million Jury Verdict for Motorcycle Passenger Injured In Crash With Pickup Truck - Razim v. Erickson" »

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." »

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." »

The Illinois Appellate Court recently examined a landowner's duty to warn visitors of an open and obvious hazard in Paul T. Swearingen v. Momentive Specialty Chemicals, Inc., No. 11-2088 (December 7, 2011). The personal injury claim examines whether a company and its employees owed a duty to a truck driver to warn him against the danger presented by a low hanging fire extinguisher system.

In March 2010, the plaintiff, Paul Swearingen, was working as a tanker truck driver for Transport Service Co. During the course of his employment, Swearingen delivered a tank of chemicals to a Momentive Specialty Chemicals facility located in Carpentersville, Illinois. After parking his truck in Momentive's unloading bay, one of the Momentive employees asked Swearingen to open his truck's dome.

Swearingen reports that he climbed his truck's ladder to access the dome opening, at which point he noted some low hanging piping located a few feet above the truck's dome. The piping was bright red and was reportedly part of Momentive's fire extinguisher system. Swearingen proceeded to climb on top of his tanker, at which point he struck his head on the piping and fell off his truck. Swearingen filed a personal injury lawsuit against Momentive in which he claimed the chemical facility was responsible for his injuries.

Continue reading "Summary Judgment for Defendant in Negligence Action Where Hazard was Open and Obvious- Deliberate Encounter Exception Did Not Apply in Swearingen v. Momentive Specialty Chemicals" »

An Illinois truck accident case was reviewed by the Illinois Appellate Court to determine whether or not the trial court had erred in its delivery of jury instructions and whether the jury had awarded too much damages. However, after reviewing the case facts, the appellate court upheld the trial court proceedings and eventual verdict in Andrzej Chraca v. Steven Miles, 2011 Ill.App. (1st) 100537-U.

The Chraca lawsuit involved a 2004 car crash between Andrzej Chraca and Steven Miles. Chraca was driving an SUV at the time, while Miles was driving an Illinois Department of Transportation (IDOT) truck. Both Chraca and Miles suffered degrees of paralysis following the Schaumburg truck accident and both drivers filed personal injury lawsuits against each other.

The two cases were consolidated into one personal injury lawsuit by the Circuit Court of Cook County. At the end of the trial, the court ruled in favor of Chraca and against Miles. Chraca was awarded $23.8 million in damages, which was broken down as follows:

-$500,000 for disfigurement;
-$593,335 for past medical expenses;
-$3.5 million for future medical expenses;
-$2.5 million for past and future pain and suffering; and
-$18 million for past and future loss of a normal life.

Continue reading "Illinois Appellate Court Upholds $23.8M in SUV Crash with Illinois Department of Transportation Truck - Chraca v. Miles" »

An Illinois jury awarded $1.7 million to the surviving family members of a man who was hit by a semi-tractor trailer; Estate of Edward Kolodzik v. Cesar Castillo, VBD Transport, Inc., MLP Transport, Inc., No. 04 L 3715. While the decedent, Edward Kolodzik, survived the crash, he died five years later, allegedly from complications arising from the Illinois trucking accident.

The Illinois trucking accident occurred on Illinois Interstate 39/90 near Rockford, Illinois. Kolodzik was driving his car when he was struck by a Mack semi-tractor trailer driven by Cesar Castillo. Kolodzik suffered from a traumatic brain injury and right shoulder and lower back musculoskeletal injuries. As a result of these injuries, the 49 year-old Kolodzik became disabled and dependent on pain medication to relieve his severe shoulder and lower back pain.

A personal injury lawsuit was brought against the truck driver and his employers for their liability in Kolodzik's injuries and resulting medical condition. When Kolodzik died five years after the truck accident, his wife and five minor children further alleged that his death was a result of his poor health and medical condition following the highway accident.

Continue reading "$1.7 Million Jury Verdict Awarded to Driver for Injury Suffered After Rear-End by 18-Wheeler Truck - Kolodzik v. Castillo" »

People get into routines when they drive. For example, some drivers go into autopilot as they commute to and from work, following the same route and never diverging from it. Other drivers go with the flow of traffic and might not be aware of the speed they're driving at. However, regardless of the routine you get into, most drivers are always aware of the color a light is as they approach an intersection. Yet in the case of Charles Comer v. United Quick Transportation, Inc. and Martrell Parker, 09 L 12120, both drivers involved in an intersection accident claimed to have the green light.

The accident occurred in June 2008, at the intersection of Kostner Ave. and 16th Street in Chicago between two buses. Charles Comer was driving a CTA bus along 16th Street, while Martrell Parker was driving a school bus along Kostner Ave. Both bus drivers entered the intersection, both drivers claimed to have green lights, and both drivers claimed to have been hit by the other bus driver.

While Parker's injuries were relatively minor, Comer suffered from knee, neck, and back injuries. The damage to his right knee was so severe that he required surgery in order to correct his medical problems. In addition, Comer's medical condition caused him to miss one year of work as a CTA bus driver. As a result, Comer filed a personal injury lawsuit against Parker and his school bus company employer in an attempt to recover for the damages he sustained in the Chicago bus accident.

Continue reading "$175,000 Jury Verdict for CTA Bus Driver After Intersection Crash with School Bus - Comer v. United Quick Transportation, Inc." »

While a Cook County jury awarded almost $3 million to a bicyclist hit by a dump truck, the verdict was reduced by 50% for what the jury found to be the bicyclist's responsibility in her own accident. This bicycle-auto accident verdict suggests that even though bicyclists are more vulnerable than cars or trucks, they, too, must share the responsibility for maintaining a safe roadway environment. Lucyna Kubisztal Smith and Danny Smith v. Suburban General Construction, Inc. and William S. Chase, 07 L 6481.

The bicycle-truck accident occurred in June 2007 at the intersection of 86th Avenue and 111th Street in Palos Hills. The 49 year-old Lucyna Smith had been riding her bicycle on the sidewalk along the 111th Street, but then entered the crosswalk in order to cross 86th Avenue. At the same time, the 29 year-old William Chase was driving a dump truck along 86th Avenue. Chase failed to see Smith and ended up not only running her and her bicycle over, but then continued to drag her under the dump truck for an estimated 30 to 50 feet.

Smith sustained multiple fractures, including those to her pelvis, sacrum, lumber spine, and cervical spine. The damage to her cervical spine aggravated her pre-existing cervical arthritis and required a spinal decompression and fusion surgery across five different levels. Smith's doctors predict that she will also require a hip replacement in the near future as a result of the intersection accident. In addition, she was diagnosed with post traumatic stress disorder and subsequent depression. Smith brought a personal injury lawsuit against Chase for her injuries and lost time from her job as a housekeeper. In addition, her husband brought a separate loss of consortium claim for the loss of service and companionship of his wife.

Continue reading "Bicyclist Found Partly Responsible for Intersection Accident - Still Awarded $1.5 Million in Smith v. Suburban General Construction" »

In a standard auto accident lawsuit there are typically two parties, i.e., the plaintiff and the defendant. However, if one of the drivers happened to be driving while on the job, then his employer could also be involved in the lawsuit. In the truck accident lawsuit of Thomas Edwards, Betty Edwards and Slay Transportation v. Millstadt Rendering, Co., et al., 08 L 813, both the plaintiff truck driver and the defendant truck driver were working at the time of the two-truck accident. As a result, Edwards involved both a plaintiff truck driver and his employer and a defendant truck driver and his employer.

At 3:30 a.m. on the date of the accident, defendant Gary Collier was driving a tractor-trailer owned by Millstadt Rendering along Interstate 55 near St. Genevieve, Missouri. Collier's vehicle ended up running through the highway's median and came to a stop with the tail end of the trailer extending into a lane of oncoming traffic. The plaintiff, Thomas Edwards, happened to be driving a tanker-trailer owned by Slay Transportation in the opposite direction as Collier had been driving. Edwards ended up driving his vehicle into the rear portion of Collier's truck and suffered extensive injuries as a result of the highway truck accident.

The 62 year-old Edwards sustained a severe fracture to to his pelvic bone, which required an open reduction surgery with the insertion of plates and screws. In addition, Edwards suffered from a sciatic nerve injury, which left him with a permanent foot drop and nerve injury. He also developed deep venous thrombosis following the truck accident, which not only required the placement of an umbrella filter, but also a Coumadin therapy regimen for the rest of his life. Edwards's lengthy recovery also led to the development of a decubitus ulcer and depression.

Continue reading "Two-Truck Accident Results in Five Party Lawsuit - $3.1M Verdict Awarded in Edwards v. Millstadt Rendering Co." »

As the temperatures begin to cool in Chicago, every Illinoisan is aware that winter is just a few short months away. And with midwest winters come more dangerous driving conditions, e.g., icy roads, slick snow, and dangerously low temperatures. The Illinois personal injury lawsuit of Ponto v. Levan arose out of just such dangerous road conditions - the defendant driver hit the plaintiff after sliding on an ice patch. What is interesting about the Ponto lawsuit though is that it gave rise to Levan v. City of Dixon, a third party lawsuit in which the defendant driver blamed not the winter weather for the ice patch, but the City of Dixon itself.

In February 2008, Denise Ponto was driving along Route 2 in Dixon, Illinois when Dale Levan's vehicle crossed the lane of traffic and crashed into Ponto's vehicle. As a result, Ms. Ponto sustained a comminuted knee fracture and needed to be airlifted to Rockford's St. Anthony Hospital for treatment. A comminuted fracture occurs when a bone is broken in several places, which then requires an open reduction internal fixation surgery with the insertion of screws and plates to help fix the broken bones in place. Ms. Ponto's treatment was further complicated by her development of deep vein thrombosis, i.e. blood clots, and cellulitis, a skin infection caused by bacteria. As a result of the lengthy treatment, Ponto missed five months from her job as a bartender.

Ponto filed a personal injury lawsuit against Levan in which she claimed damages for the injuries she sustained after his truck skidded into her lane of traffic. And while Levan admitted he was drunk at the time and was at fault for the car accident, he felt the City of Dixon was also at fault. Levan contended that the ice which his car skidded on was the result of a broken City water main. The defendant then filed a third party claim against the City of Dixon for its part in causing the auto accident and Ms. Ponto's injuries.

Continue reading "Third-Party Defendant Held Responsible for Ice Patch That Caused Car Accident - Ponto v. Levan" »

In 2007 a propane truck ran a red light and struck another car. The car's passenger, Anthony Villa, Jr., suffered fatal wounds and died two days later. An Illinois wrongful death lawsuit was brought by his wife, which recently settled for $7 million. Cheryl Villa v. Heritage Operating LP, et al., No. 08 L 11922.

The Illinois intersection accident occurred in Matteson, Illinois at the intersection of Harlem Avenue and Lincoln Highway. At the time of the car accident, Villa's vehicle was attempting to make a left turn onto Lincoln Highway when it was struck by a propane truck owned by Heritage Operating LP. While the truck driver was not injured, Villa was rushed to the hospital with severe wounds. He died as a result of these injuries just two days later.

The wrongful death lawsuit was brought by Villa's wife and their five children, two of which were minors at the time of their father's death. The Illinois complaint alleged that the truck driver and his employer were responsible for the truck accident that resulted in Villa's death. The defendants admitted liability for the intersection accident, confirming that it was caused by the truck driver running the red light.

Continue reading "Fatal Truck Accident Results in $7 Million Settlement for Surviving Family Members - Villa v. Heritage Operating Truck Company" »

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" »