As a general rule, pedestrians have the right of way; however, this does not mean that the driver is always at fault. While car drivers have a duty to look out for pedestrians in a designated crosswalk, they do not have the same duty to watch for pedestrians on a…
Personal injury lawsuits like Heather Pflanz v. Chicago Transit Authority, et al. 08 L 4878, remind us that injuries can result from the activities we engage in on a daily basis. The plaintiff in the Chicago lawsuit fell after boarding a Chicago Transit Authority (CTA) bus, injuring her leg so…
While the widespread use of the internet has provided many benefits to the legal community, e.g. online case law, electronic court dockets, etc., it has also brought some challenges. Take for instance the case of Eskew v. Burlington Northern.pdf. In Eskew, the defendants requested a retrial after discovering that one…
Cell phones have made it easier for people to stay connected and to access data while on the go. However, cell phones can cause car accidents, whether the driver is using them to talk or to text. And while many states, including Illinois, have passed bans on the use of…
A judge’s job is to enforce the letter of the law. However, every so often a judge is presented with a case that whose law is not laid out in prior statute or case law. Take for instance the personal injury case of Gayane Zokhrabov v. Jeung-Hee Park, etc., 2011…
The Illinois Appellate Court recently affirmed a trial court’s exclusion of photographs during a Cook County trial. The issue in Sylvester Scales v. Joseph Benne, No. 1-10-2253 (2011), was whether or not the photographs were barred from evidence because the plaintiff’s attorney had not produced them to opposing counsel prior…
The Illinois Appellate Court clarified the duty owed to pedestrians who are outside of set crosswalks in the personal injury lawsuit of Amanda Jimolka v. Chicago Transit Authority, et al., No. 1-10-2894 (2011). The court held that motorists only owe a duty to pedestrians who are within the limits of…
An Illinois plaintiff’s request for a new trial was recently affirmed by the Illinois Appellate Court. The appellate court held that a new trial was necessary because the defense attorney had made too many statements in closing argument thought to be prejudicial to the jury. The court ruled that the…
When we get into a train, plane, or cab, we expect that the person operating the vehicle will keep us safe, that it is their duty to us as passengers. Yet at what point do we actually become passengers? Is it when we begin to board the vehicle, or when…
As lawyers, we often hear accounts of clients who sustained fairly severe injuries after being involved in a car accident, yet did not have any medical complaints immediately following the crash. This is the case for a pedestrian who suffered a brain injury after being hit by a SUV. Despite…