Forrest Buchtel, 74, was riding his bike southbound on Sherman Avenue in Evanston, Ill.  He stopped for a stop sign at Greenleaf Street, which is a four-way stop intersection and then began peddling his bike into the intersection when he was hit by an eastbound car driven by the defendant, Jason Whitaker.

Buchtel testified that he saw the Whitaker SUV about one-half block away as he peddled through the intersection and observed that Whitaker was not looking at the road ahead while talking to a woman in the front passenger seat.  Whitaker ran the stop sign.

The impact between the SUV driven by Whitaker and Buchtel on his bike, knocked him onto the hood of the SUV and then onto the pavement of the street.

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Joanne Turner, an electrician, was working on a roof of a community college building that was under construction. As she climbed a 20-foot roof access ladder, she slipped and fell about 15 feet to the concrete floor below.

Turner was 53 years old at the time. As a result of this fall, she suffered an L-2 burst fracture, a fractured right femur and foot and bilateral knee injuries.

Turner underwent open reduction internal fixation of the femur fracture. She also required the implantation of a retrograde nail in her right knee. She was hospitalized for about a week. She spent twelve days in an inpatient rehabilitation facility and remained off her leg for about two-and-a-half months. She was also required to wear a back brace for an additional three months.

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Plaintiff Wendy Dolin, the wife of the decedent, Stewart Dolin, filed this lawsuit in the U.S. District Court for the Northern District of Illinois in Chicago alleging that the death of her husband, Stewart Dolin, was caused by the taking of the generic drug paroxetine, a form of the antidepressant Paxil. Stewart Dolin committed suicide at age 57 on July 15, 2010.

In the lawsuit, it was alleged that the labeling of the drug that was in existence at the time of his death did not warn of the drug’s association with an increased risk of suicidal behavior in adults. It was alleged that GlaxoSmithKline (GSK), the manufacturer and parent corporation of this drug, had knowledge of a statistically significant 6.7 times greater risk of suicide in adults of all ages. As a matter of fact, it was alleged that the label stated the opposite – that the suicidal risk did not extend beyond the age of 24.

The prescription medication Paxil (paroxetine hydrochloride or “Paxil”) is one of the class of medications known as selective serotonin reuptake inhibitors, or SSRIs.

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Shirley Malcolm, 89, was using a walker while moving through a retail parking lot at 1090 State St. in Lemont, Ill. It was April 28, 2016 when she was hit by the SUV driven by the defendant, Janice Kasper, as the car slowly backed out of a parking spot.

The impact knocked her down, injuring both of her hands. She was transported from the scene by an ambulance to Palos Community Hospital where she was diagnosed with a fractured left index finger and a fractured right middle finger.

Both of her fingers were placed in splints for eight weeks after which she required three and a half months of occupational therapy to regain the use of her injured fingers.

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Mary Ann Nichols of Chicago has filed a federal lawsuit against the dietary supplement company NaturMed Inc., which is also known as Institute for Vibrant Living. Her suit alleges that the company violated federal and state advertising laws.

A federal judge decided against dismissing the class-action lawsuit against this company.

In the lawsuit, she accused the company of breaches of warranty and deceptive practices in the advertising of a drink supplement the company manufactures, All Day Energy Greens, after she found it did not achieve statements on the label that claimed it would increase energy and improve digestion.

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Jeffrey Gerasi appealed an order granting summary judgment to the defendant, Gilbane Building Company Inc. The issue on appeal was whether there was a  material fact existing as to whether Gilbane retained control over the work of its subcontractor, Geary Electric. Gilbane could have been directly liable under section 414 of the Restatement (Second) of Torts for its negligence in exercising its retained control. Originally Gerasi’s lawsuit pursued a theory of liability against Gilbane under the theory of vicarious liability. He later abandoned that argument.

Gibane was hired by AT&T Services Inc. to act as general contractor for the replacement of two air conditioning systems to cool AT&T’s Wabash telecommunications building at 520 South Federal St. in Chicago. Johnson Controls inspects, maintains and performs or arranges for repairs to the Wabash building. Gilbane hired Geary Electric to do the electrical work on this project.

Gilbane had a written contract with both AT&T and Geary. Gilbane was to conduct weekly safety meetings. The AT&T/Gilbane contract required Gilbane to place “the highest importance and priority on health and safety for the [w]ork performed” and provided that Gilbane was “responsible for the safety and protection of the [w]ork, workers of [c]ontractors and [s]ubcontractors, and any other persons or public or private property as required by law.”

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Edgar Gonzalez was a construction worker employed by a commercial contractor.  While working at a project commissioned by the city of Los Angeles, he was  erecting a wall-forming system used to support poured concrete. Gonzalez, 30, climbed to the top of a 30-foot form panel; the panel gave way.  He fell to the ground where he suffered fatal injuries. Gonzalez was survived by his wife and two minor children.

The Gonzalez family sued Atlas Construction Supply Inc., the designer of the wall- forming system and the supplier of its component parts.  The lawsuit claimed that the system had been defective. The defendant Atlas Construction denied responsibility and maintained that Gonzalez’s injuries and death resulted from the negligence of the general contractor, the city of Los Angeles, and the crane operator who placed the wall form panel in that location.

The jury entered a verdict for $27 million apportioning liability at 55% to Atlas and 45% to the general contractor.

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A jury found that the mesothelioma contracted by James Lester Phillips was caused in part by exposure to asbestos contained in Bendix brakes. In an appeal, Honeywell challenged the $5.8 million awarded to Phillips’s wife and surviving children.

In the published portion of the appellate opinion, the court rejected Honeywell’s claims of evidentiary error, concluding that the trial court properly admitted a 1966 letter of a Bendix employee sarcastically addressing an article in Chemical Week magazine that stated asbestos had been accused, but not yet convicted, of being a significant health hazard.

The court reasoned that the letter was circumstantial evidence relevant to the issue of Bendix’s awareness of asbestos’s potential to cause cancer. The court noted that Illinois and Florida cases holding admission of this letter was prejudicial were distinguishable because they did not include the important limiting instruction to the jury.

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The plaintiff, Jo Huskey, and her husband filed a product liability lawsuit against Ethicon Inc. and Johnson & Johnson. After a nine-day trial, the jury returned a general verdict in the amount of $3.27 million for the Huskeys on their design defect, failure to warn and loss of consortium claims. Ethicon appealed after the trial judge denied its post-trial renewed motion for judgment as a matter of law or in the alternative for a new trial.

The court of appeals found that the Huskeys offered sufficient evidence to sustain the jury’s verdict and the district court committed no reversible error.

In 2008, Jo Huskey began suffering symptoms of Stress Urinary Incontinence (SUI).  In January 2011, after her condition worsened, she discussed treatment options with her physician. By this time, Mrs. Huskey was regularly leaking urine while coughing, laughing and sneezing. She also experienced pain during intercourse. At the suggestion of her physician, Mrs. Huskey agreed to have the doctor surgically implant a medical device called the Tension-Free Vaginal Tape-Obturator (TVT-O).

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Emanuele Secci was injured after his motorcycle was involved in a crash with the defendant Aram Tonakanian, who was driving a green and white taxi marked with United Independent Taxi Drivers‘ insignia. The jury found that Tonakanian was United’s agent, but not an employee. With that verdict, the trial court granted United’s motion for judgment notwithstanding the verdict (JNOV) under the state’s code of civil procedure.

The appeal of that trial judge’s order resulted in an appeal where the appellate court reversed the trial court’s order and reinstated the jury’s verdict. In doing so, the appeals panel concluded that California law does not preclude consideration of controls required by public regulations in finding an agency relationship.

In this case, viewed in the light most favorable to the plaintiff, Secci, the appellate court concluded that the evidence presented at trial was more than sufficient to support a jury finding that Tonakanian, the taxi driver whom the jury found responsible for the crash and Secci’s injuries, that he was United’s agent and thus, United was vicariously liable for Tonakanian’s acts.

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