Teresa Mroczko was employed by A & R Janitorial to do custodial work.  On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved during the renovation of the building, fell on her and she was injured.

Pepper Construction Co. had been hired to renovate the building and had subcontracted for replacing the carpets to another defendant in this case, Perez & Associates. Perez had moved the desk in the course of replacing the carpets.

Mroczko filed a workers’ compensation claim against A & R Janitorial, her employer and was granted relief, although the claim is currently being reviewed on appeal.

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Robert D. Kreisman of Kreisman Law Offices has donated the hardbound books of the Illinois Reports and volumes of the Illinois Digest to the Illinois Department of Corrections located at Stateville, Ill.  Arrangements for the donations were made by the John Howard Association in coordination with Mr. Kreisman.

The Illinois Department of Corrections Stateville Prison has a law library, but it prevents inmates from accessing the internet to conduct their own legal research. Accordingly, these law books should be useful for those interested in reading Illinois case law and accomplishing legal research utilizing the encyclopedia-like Illinois Digest.

A total of 16 banker boxes representing these 327 volumes were delivered by agreement of the principals of the Illinois Department of Corrections on Feb. 8, 2018.

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During the discovery of this lawsuit, Scarlett Palm argued that she was entitled to the medical records of defendant Ruben Holocker based on the exception to the physician-patient privilege for “action brought by or against the patient . . . wherein the patient’s physical and mental condition is an issue.” 735 ILCS 5/8-802(4).

She was injured when she was struck by the vehicle driven by Holocker when she stepped into a crosswalk. Palm invoked the “at issue” exception based on evidence that, in the 20 years before Holocker allegedly injured Palm, he was involved in seven or eight auto accidents; he also accumulated a dozen traffic tickets; and, because of his diabetes, he had to submit a physician’s “letter of approval” to qualify for a driver’s license.

The trial court agreed with Palm and granted her motion for permission to subpoena Holocker’s records from his physician — identified by the Illinois Appellate Court as “Dr. Nau” – and the Illinois secretary of state.

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Frank Barnai was injured while he was working for Summit Fire Protection Co. on a construction project. He sued the general contractor, International Contractors Inc. (ICI), the owner, Wal-Mart and electrical subcontractor, Nuline Technologies.  These defendants then brought a third-party action against Summit Fire Protection Co. for contribution.

Summit did not contribute when ICI, Wal-Mart and Nuline settled with Barnai for $5 million. As part of that settlement, the defendants assigned to Barnai their contribution claims against Summit.

Over Summit’s objection, the presiding Cook County judge granted Barnai’s motion for a good-faith finding even though the judge was not informed about how the settlement agreement allocated the $5 million payment between the defendants.

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Steven Meier, a security guard, was walking through the warehouse at PennySaver USA when Oliver Cervantes backed into Meier with his forklift truck. The forklift dragged Meier about 15 feet, trapping and crushing his right leg and ankle. According to the report of the case, employees of PennySaver had to bring in a second forklift truck to dislodge Meier’s leg.

Meier was 59 years old at the time and sustained serious crushing injuries to his right leg and ankle and a degloving injury to his lower leg. He underwent multiple surgeries as well as medical procedures to stabilize the fractures, repair nerves and tendons and to fight off infection of that injured leg. About a year and a half after this incident, Meier suffered a severe infection requiring amputation of his right leg below the knee.

He has since undergone three revision surgeries to the stump on that right leg before being fitted with a temporary prosthesis.  Meier likely will require at least one additional revision surgery.

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Keith Turley and his wife Joy Ann Turley filed a complaint in 2015 against some 50 defendants. The complaint alleged that Turley has asbestos-related disease caused by exposure to asbestos-containing products, including valve gaskets, during his 36-year employment at Pacific Gas and Electric Company (PG&E).

During the discovery process and particularly with respect to interrogatory responses, Keith Turley stated that he was exposed to the asbestos-containing pipe products supplied by Familian Corp., the defendant in this case, including “asbestos cement, transite pipe, pipe collars, gaskets, elbows, pipe-repair products and other asbestos products.”

Familian moved for summary judgment arguing that Turley could not show exposure to asbestos in a Familian-related product. Turley submitted a declaration from a third-party witness who had been deposed. The trial court allowed the witness testimony. Familian used portions of the deposition in its reply brief. The court concluded that the deposition testimony “conclusively negates” the witness declaration testimony as to exposure, the court refused to consider it and granted summary judgment.

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A jury found that the defendant Charles Dahms acted negligently and with willful and wanton misconduct against the plaintiff, Terry Enadeghe, when he beat him with his briefcase during a morning encounter on the street. Dahms appealed arguing that the trial judge erred in relying on his prior criminal conviction for battery as a basis for liability and in denying jury instructions and special interrogatories. Furthermore, the defendant contended that the trial court abused its discretion in denying the defendant’s motions for mistrial and permitting the plaintiff to amend his complaint.

On March 20, 2013, following a criminal jury trial, defendant Dahms was found guilty of aggravated battery on a public way, 720 ILCS 5/12-3.05(c), for the incident in this case. He was sentenced to eighteen months’ probation.  On appeal, the criminal conviction was affirmed. The Illinois Supreme Court denied the defendant’s petition for leave to appeal and the U.S. Supreme Court denied his petition for certiorari.

The evidence in the criminal case showed that in October 2011, Enadeghe was driving his taxicab in downtown Chicago when he stopped at a traffic light in the middle of the crosswalk, unintentionally blocking it.  Dahms, the defendant, then approached and smashed his briefcase into the taxi’s front windshield shattering it and then walked away. Enadeghe parked and confronted Dahms, asking him to survey the damage to his cab. At one point, Enadeghe attempted to block Dahms and grabbed the briefcase.  Enadeghe, the plaintiff, then felt a “bang” on his face as Dahms took his briefcase once again, and using it to hit Enadeghe in the nose, knocked him unconscious.  Enadeghe was hospitalized and received eleven stitches from the bridge of his nose to under his eye. He later had surgery under general anesthesia. Dahms was subsequently arrested and Enadeghe identified him in a police lineup.

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Julio Martinez-Carassco was working for Ronell Managed Services LLC, a company that cleans and services industrial equipment.  The Ronell company sent Martinez-Carassco to work at the Premio Foods Inc. processing plant. The plant’s equipment included an industrial blending and mixing machine manufactured by Apache Stainless Group.

As the mixer’s large metal paddles were turning, Martinez-Carassco began washing the machine’s opened discharge doors with a hose. The moving panels contacted Martinez-Carassco’s hose pulling his left arm into the mixer and severing the arm below the elbow.

Emergency room physicians attempted, but were unable to reattach the arm. Unfortunately, the arm was surgically amputated at the elbow. Although he was fitted for prosthesis, he rarely wears it. Martinez-Carassco’s medical expenses totaled approximately $300,000.

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In this case, Giuseppina DiFranco was driving in stop-and-go traffic when her car was struck from behind by the car driven by Constance Kusar. The DiFranco car then hit the car in front of her making her knee strike the dashboard and jerking her back and forth.

Right after the crash, DiFranco said she had neck, back and arm pain and was taken by ambulance to Glen Oaks Hospital in Glendale Heights, Ill.

Over the next months, she was treated for tenderness at the lower back and right pelvis. She reported moderate pain; the treating physician concluded that she had a cervical strain, arm strain, forearm strain and back strain. The doctor recommended physical therapy and pain relievers. After months of physical therapy and other treatment, DiFranco was diagnosed after an electromyogram with a pinched nerve in her cervical area related to the crash of June 9, 2011.

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In September 2016, we wrote about the Illinois Appellate Court decision in this case, Manago v. County of Cook, 2016 IL App (1st) 121365. In that case, the Illinois Appellate Court found that liens obtained by hospitals under the Hospitals’ Health Care Services Lien Act (770 ILCS 23/1 et seq.) (the “Lien Act”), are not limited to or conditioned upon a finding or allocation for medical expenses for injuries sustained by a minor.

In the underlying case, Manago was a minor and was injured while riding on the roof of an elevator owned by the Chicago Housing Authority (CHA). His next friend and mother, April Pritchett, brought this lawsuit against the CHA, H.J. Russell & Co. and A.N.B. Elevator Services Inc. The complaint sought damages for the child’s injuries and included an allegation pertaining to medical expenses. At the trial, the Manago plaintiff was awarded $200,000 in total although none of the recovery was for medical expenses. The trial court granted the plaintiff’s motion to strike, dismiss and extinguish the hospital’s lien.

On appeal by the County of Cook, the Appellate Court concluded that the lien was invalid for two reasons. First, the mother “did not assign her cause of action for medical expenses for her son even though, pursuant to the Family Expense Act, that action belonged solely to the minor’s parents.”

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