Justia Lawyer Rating for Robert D. Kreisman

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Marcellis Stinnette Sr. (“Marcellis Sr.”) was shot and killed by a Waukegan police officer on Oct. 20, 2020. At the time, Marcellis Sr. was in a car driven by Tafara Williams, the mother of his son, Marcellis Jr., while she was attempting to flee the police. The police officer was charged with second degree murder. Williams filed a federal civil rights lawsuit against the City of Waukegan. Zhavellis Holmes, Marcellis Sr.’s mother, filed a wrongful death civil rights action. Both had been stayed pending the outcome of the criminal case against the police officer.

Holmes was appointed as administrator of Marcellis Sr.’s estate, but Williams filed a counterpetition, seeking to be the appointed administrator and her son, Marcellis Jr., to be identified as his son and sole heir. A DNA test established that Marcellis Jr. was in fact Marcellis Sr.’s son. Trial court ultimately granted Holmes’s petition to be appointment administrator and denied Williams’s counter petition, with the note that the court would supervise the administration.  Williams appealed.

The appellate court entered an order for supplemental briefing on two points: Whether §9-3 of the Illinois Probate Act controls whether Holmes can be appointed administrator over the minor child’s nomination of an administrator via guardian, and whether §9-1of the Probate Act disqualifies Williams for being appointed administrator due to the pending felony charges.

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Etta Moore was born with spina bifida, which paralyzed her from the knees down.  She often traveled using a motorized scooter.

On Sept. 30, 2015, a motor vehicle that was operated by Teresa Mandell struck Moore while she was crossing a roadway on her scooter. Moore was taken to a hospital and treated for injuries, which included a dislocated right shoulder and severe pain. She was discharged on Oct. 2, 2015.

Moore had surgery to repair a torn rotator cuff and extensive physical therapy, but began to develop pain and soreness on her right shoulder and neck, which eventually spread to her left shoulder. Moore filed suit against Mandell on Sept. 19, 2017.

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Adelaida Anderson operated a standup forklift at a FedEx warehouse in Effingham, Ill. While pulling a load in July 2017, she hit a bump and fell out of the forklift onto the floor. The forklift continued moving and ran over her leg and seriously injured her; eventually her leg had to be amputated.

Anderson brought a diversity suit against the forklift’s manufacturer, The Raymond Corp., alleging that the forklift was negligently designed. The jury trial ended in a verdict in favor of defendant Raymond.

Anderson appealed to the U.S. Court of Appeals for the Southern District of Illinois.

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Late on the night of Nov. 13, 2015, Logan Bland and his friend, Kyle George, were at Q Bar, which was owned by Q-West Inc., where they were regulars.

Bland became intoxicated and was cut off from further alcoholic beverages. In the meantime, Bland got into a fight with George. Bland had to be physically removed to the office of Q Bar’s manager. Bland was told to calm down if he wished to remain, but he returned to the bar after a few minutes and began another fight with George.

Four employees were required to physically remove Bland from the building. Bland dragged all four onto the floor, kicking one in the throat and chin. Emergency services were called, and the police and paramedics responded.

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Oberlin Garcia, 50, worked as a commercial truck driver. He arrived at a chemical plant owned and operated by BASF Corp. On arrival, he checked in with a BASF staff member and was instructed to prepare his tanker for the unloading of a hazardous chemical for delivery.

Garcia was told that BASF policy required a truck driver unloading chemicals from a tanker to climb to the top of the tanker in the facility’s parking lot and open the tanker’s crash-box lid without fall protection equipment.

Garcia climbed to the top of the tanker as instructed using an access ladder.  As he got to the top of the ladder, he reached toward the crash-box lid while holding onto an extension of the ladder. His right foot slipped and he fell more than ten feet to the concrete pavement below.

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Lennox Hinckson, 65, was working as an elevator maintenance and repair person for Alimak Elevator Co.  He was scheduled to perform standby services at the Holcim cement plant while senior executives toured the plant.

On the second day of Hinckson’s standby service, a Holcim employee allegedly asked Hinckson to repair the preheater towers’ outside elevator, which was landing short of the fourth floor of the tower.

Hinckson began to adjust the limit switch on top of the elevator cab. Unexpectedly, a Holcim employee called the elevator from a lower floor, which caused the elevator to descend.

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Joshua Hernandez, 17 and a student, was a passenger in his friend’s car when a tractor-trailer driven by Nathan Harris for Phenix Transportation West Inc. crashed into the Hernandez vehicle in an intersection. Hernandez suffered brain injuries in the crash and now requires full-time care. His medical expenses were approximately $780,000.

Hernandez sued Phenix Transportation West, Inc. Phenix Transportation Inc., and Harris, alleging that Harris chose not to yield or obey a red light. Hernandez offered to settle for insurance policy limits, but the defendants declined. After presenting the case to the jury, they signed a verdict for $52.9 million.

The attorneys successfully handling this tragic case for Hernandez were William D. Shapiro and Brian D. Shapiro.

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Michael Frasier was invited to a Fourth of July cookout at the home of Robert and Laura O’Black. A large raft with a solid center was placed in the O’Blacks’ in-ground swimming pool, where Frasier and other guests were roughhousing.

Frasier dove onto the raft, propelled forward, and launched into the shallow end of the pool, striking his head. He suffered cervical spinal fractures and is now paralyzed from his chest down.  His condition necessitated six or more surgeries, including two major neck surgeries.

Frasier sued the O’Blacks, alleging negligence and choosing not to warn of the dangerous conditions that existed. He asserted that the raft, which was designed to be used on open water, did not belong in a home swimming pool.

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Anthony Bearden was walking along the shoulder of a residential road when Lloyd Young approached in a Jeep Grand Cherokee and struck him. Bearden suffered orthopedic surgeries and a traumatic brain injury. He now requires the use of a wheelchair and suffers from pain and mental distress.

Bearden sued Young, alleging negligence and wantonness. Bearden also maintained that the defendant had been speeding and driving while distracted.

After the jury trial, the jury signed a verdict for $25 million in compensatory damages.

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Ciara Smith, 13, was riding her bike with her friend in Redondo Beach, Cal. When Ciara came to the Pacific Coast Highway, she intended to use the crosswalk to cross the roadway. Ciara left the curb ramp and her handlebar came in contact with the right side of a bus.

Ciara was thrown from her bike, fell under the rear tires of the bus and suffered fatal injuries. She was survived by her parents.

The Smith family sued MV Transportation Inc., alleging liability for the negligence of its bus driver for choosing not to yield the right-of-way and avoiding a collision with Ciara. The lawsuit also alleged MV Transportation failed to properly train the bus driver.

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