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Articles Posted in Toxic Torts

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$7.55 Million Jury Verdict Entered for Minor Who Contracted E. Coli Infection at Petting Zoo

A 10-year-old girl, identified as E.H., was with her family at Dehn’s Pumpkins, a Minnesota pumpkin patch. The facility included a petting zoo in which children could pet the cows housed in a feedlot behind a metal gate. E.H. spent some time feeding the cows. Several days later, E.H. began…

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Illinois Appellate Court Affirms Cook County Summary Judgment Order that Insurer Must Defend Toxic-Tort Complaints Even When the Dates of Exposure or Injury Were Vague or Unknown

Illinois Tool Works purchased commercial liability policies many years ago from Travelers Casualty Surety Co. and Century Indemnity Co. They were purchased by Illinois Tool Works for the years 1971 through 1987.The policies were designed to have the insurance companies defend Illinois Tool Works against toxic-tort injury complaints that did…

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Appellate Court Revives Toxic Tort Case Based on Discovery Rule; Beaver v. ExxonMobil Corp.

In a lawsuit against ExxonMobil Corp., four individuals claimed injury and death because they were exposed to benzene and other hazardous chemicals when they worked as rubber workers, tire builders and final finish laborers at a tire manufacturing facility.  The cases were brought by the families of these deceased workers…

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Illinois Supreme Court Returns Asbestos Litigation to Mississippi Court; Fennell v. IL Central Railroad Co.

In 2002, the Illinois Central Railroad was sued in the State of Mississippi where plaintiff Walter Fennell lived. The lawsuit alleged that he and others were exposed to asbestos when working for the railroad. After discovery was completed in 2006, the trial court in Mississippi dismissed the case without prejudice.…

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Illinois Appellate Court Affirms: Third-Party Defendant Not Liable in Auto Accident; Ponto v. Levan

In this case, the defendant, Dale Levan, admitted liability for an auto accident that left a woman, Denise Ponto, injured. The verdict on damages was $585,174, but the defendant had only $100,000 in liability insurance. The plaintiff tried to collect the rest of the money from the city of Dixon,…

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Court Rejects Scientific Theory in Asbestos Litigation; Betz/Simikian v. Pneumo Abex, LLC, et al.

The Supreme Court of Pennsylvania ruled that the trial court was correct in granting the defendants’ motion to prevent a plaintiff’s expert from testifying in an asbestos case. In this case, the plaintiff’s expert theorized that “each and every fiber” of inhaled asbestos was a substantial contributing factor in asbestos-related…

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Illinois Retains Jurisdiction Despite Defendant’s Motion to Dismiss for Inconvenient Forum – Fennell v. Illinois Central Railroad Company

The Illinois Appellate Court affirmed a circuit court’s ruling regarding the venue in a railroad employee’s personal injury lawsuit. While the railroad company had wanted to transfer the case to Mississippi, the Illinois courts supported the plaintiff’s choice of Illinois as the case’s venue. Fennell v. Illinois Central Railroad Company,…

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Jury Awards 403,000 to Worker Exposed to Toxic Gas at Citgo Refinery – Bland v. Citgo

In the Cook County personal injury case of Wayne C. Bland and Suzanne Bland v. Citgo Petroleum Corp., 07 L 1633, a company takes responsibility for the negligence of one of its employees. The worker at the Citgo Petroleum Corp.’s Lemont plant left a piping system valve open, thereby releasing…

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