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Articles Posted in Damages

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Illinois Appellate Court Reverses Jury Verdict in Personal Injury Case on the Issue of Cross Examination of Medical Expert

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…

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$20 Million Settlement in Failure to Ensure Safe Workplace in Elevator Death Case

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…

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$4.5 Million Settlement for Distracted Driving That Caused Broadside Crash

Ms. Doe, 51, was turning left on a green light turn signal when the driver of a commercial van that was travelling at approximately 55 mph ran a red light.  The commercial van broadsided Ms. Doe’s vehicle. Doe suffered multiple injuries, including a head injury, rib fractures, and pneumothorax —…

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$4.4 Million Jury Verdict for Injuries to Motor Scooter Rider Struck by Vehicle

Catherine White was operating her motor scooter on a street when Zareh Koocherian’s vehicle turned left directly in front of her. White lost control of her scooter, fell, and suffered lower back injuries that required placement of a spinal cord stimulator. Although the stimulator has provided relief from her back…

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State Appellate Court Affirms Punitive Damages, Stating Evidence Supported Reckless Indifference

BNSF Railway Co. (BNSF) appealed the denial of its motion for summary judgment notwithstanding the verdict (JNOV) following a jury trial and judgment, which granted Thomas and Dana Tubbs $2,598,000 in actual damages and $1,231,000 in punitive damages. The jury verdict and judgment were for BNSF’s negligence in choosing not…

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Illinois Appellate Court Finds Discovery Rule Takes Place at the Discovery of the Harm — Not When the Defect Was Discovered

Under the discovery rule, does the statute of limitations clock start when the harm is discovered? Or is it when the plaintiff discovers that the harm was “wrongfully caused?” The Illinois Appellate Court, First District, held that the statute of limitations clock starts when the harm is discovered. During a…

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$14.06 Million Jury Verdict for Catastrophic Injury to Passenger in Single Car Crash

Matthew Martin, 19, was riding in the back seat of a Mini Cooper driven by his friend, Raymond Consul.  As they drove a winding road, Consul chose not to properly negotiate a curve.  He lost control of his car, which traveled off the roadway and hit a concrete barrier. Martin…

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$41.5 Million Jury Verdict for Fatal Death of Sanitation Worker Crushed Between Street Sweepers

Steven Frosch was working for the New York City Department of Sanitation operating a street sweeper. He was at the city department garage greasing the brushes on one of the street sweepers when his coworker, Antonio DiCaro, stopped another street sweeper next to him. As DiCaro was waiting, he reached…

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