The plaintiff, William Kleronomos, filed a two-count complaint against William Sackmaster, claiming negligence in causing a 2014 vehicular crash in Chicago. Sackmaster’s employer, Aim Transfer & Storage, was also sued for vicarious liability. Kleronomos uncovered evidence in discovery that Sackmaster allegedly failed “multiple drug tests,” caused several other crashes, was rehired after being fired for “chronic drug use” and had repeatedly “blacked out on the road.”

But the defendant, Aim, argued that the set of new claims Kleronomos pursued against it in 2019 for compensatory and punitive damages, based on alleged willful and wanton misconduct in hiring Sackmaster (Count III of that Amended Complaint), letting him drive its truck (Count IV), and retaining him as an employee (Count V), were barred by the statute of limitations.

The relation back statute did not apply, according to Aim, because Kleronomos’s “employment claims are separate and distinct from the original negligence claims.”

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Doe, age 7, was riding in a van operated by his classmate’s mother. As the van entered an intersection that was controlled by a traffic light, Roe, an employee of a contracting company, collided with the van, which caused it to strike a telephone pole.

Both Doe and his classmates were ejected and landed on the roadway. Doe suffered a traumatic brain injury (TBI).

Doe’s family sued the contracting company and his classmate’s mother alleging liability for the crash. The Doe family claimed that Roe’s choosing not to stop at a red light caused the crash.

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Yijing Chen, 26, was walking with his mother, Hong Fen Shen, 53, along a public sidewalk near a freeway on-ramp.

When the traffic signal turned green, Chen and his mother walked across the on-ramp. A pickup truck driven by Nicole Herschel turned right onto the ramp, hitting both mother and son. Shen suffered traumatic injuries and later died. Chen suffered a fractured leg and required surgery.

He sued Herschel, alleging she had chosen not to yield the right-of-way.

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In a recent order, the Illinois Supreme Court held that “remote jury selection by video conference … in civil cases is permissible to reduce the risk of COVID-19 exposure so that litigants can access justice in a timely fashion while keeping all jurors, court personnel, litigants, and the public safe.”

Along with the Order, the Supreme Court adopted guidelines issued by the Court Operations During COVID-19 Taskforce.

This new procedure will try to navigate a course that follows the Seventh Amendment’s guaranteed right to a trial by jury and public health officials’ calls for social distancing to avoid spread of the contagious coronavirus in close quarters such as court facilities.

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United Parcel Service (UPS) has conceded it could not sue Material Handling Services (MHS) for contribution under the Illinois Joint Tortfeasor Contribution Act. This case stems from an incident involving Raichid Rafik, a UPS employee who was struck on the head by a 10-lb. metal disc that fell from an overhead package handling system.

Rafik sued MHS for negligence in designing and installing the warehouse machinery and UPS for spoliation in choosing not to preserve the evidence he needed to identify and sue the shipper for negligent packaging. UPS filed a cross-claim against MHS for subrogation, equitable and statutory.

UPS reasoned it was entitled to equitable subrogation and statutory subrogation under 740 ILCS 100/2(f) of the Illinois Contribution Act because (1) the damage it potentially owed for spoliation was equal to what Rafik could have recovered from the shipper, and (2) the shipper could have pursued a contribution claim against MHS.

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Michelle Anderson, 36, was driving in the southbound lane of the highway when Calvin Adams, traveling in the opposite direction, attempted to pass a line of traffic in a no-passing zone.

Adams crossed the centerline and struck Anderson’s car head-on.

Both drivers were killed in the crash. Anderson was survived by her husband and three minor children.

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Hunter Brown, 25, was traveling to California on a Greyhound bus late at night. The bus stopped at a rest stop and Brown left the bus to use the facilities. When the bus driver, Arthur Coley, began to pull away from the rest stop before Brown had re-boarded, Brown tried to get his attention. The driver drove the bus forward and ran over Brown’s foot and back.

Brown died from his injuries. He was survived by his parents.

The Brown family individually and on behalf of his estate sued Greyhound Lines, alleging negligent hiring and training and vicarious liability. The Brown family asserted that the driver, Coley, chose not to take a headcount before leaving the stop in violation of company’s policy.

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Alice McKee, 62, worked as a pharmaceutical delivery person. She went to the Wesley Manor Nursing Home campus to make a midnight delivery of medicine. She was unable to enter the building. After she called the nurse’s station and did not receive an answer, McKee walked over the building’s side lawn, attempting to reach a window within sight of the nurse’s station.

McKee climbed over some landscaping and unknowingly stepped into a window well, falling six feet into a cement pit.

She suffered a fractured femur, which has left her with a limp. She is unable to stand or sit for any length of time.

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In 2005, a van containing six family members slipped off the edge of an Illinois roadway. In the rollover crash, everyone was hurt and one passenger died. The crash occurred in a construction zone. A guardrail had been removed and was not replaced. All lines had not been repainted on the repaved road, and pieces of asphalt laid on the shoulder.

In the lawsuit against the construction companies, the defendant attorneys told the plaintiffs that the two companies were operating as a joint venture with a $1 million liability insurance policy. The parties settled for $1 million. The plaintiffs signed a release of all claims, which stated that plaintiffs agreed that they were not relying on any statements by any parties’ attorneys. Four years later, the plaintiffs discovered that the companies in fact carried separate liability policies.

The U.S. District Court for the Northern District of Illinois ruled as a matter of law that the failure to identify the individual policies violated Federal Rule of Civil Procedure 26. The undisclosed policies would have covered plaintiffs’ claim, and no joint venture agreement existed under Illinois law; therefore, joint venture exclusions and the individual policies were inapplicable.

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On June 14, 1988, Thomas John Heck Jr. executed a note in favor of Paul D. Heck.  The note promised to pay $51,000 at 7% interest, compounded annually, with this instruction: “Borrower shall make a single payment on demand within 90 days of demand letter. If payment is not demanded or paid by Borrower, this note will renew automatically in full force of the terms until said note is paid.”

Thomas John Heck Jr. died on Nov. 7, 2016 without Paul Heck ever demanding payment on the note. Paul Heck demanded payment from the Estate of Thomas John Heck Jr. (Estate) on Dec. 8, 2017.

Paul Heck filed suit on Jan. 3, 2018 seeking $362,886.62, plus interest, attorney fees and costs.

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