A tire company will not face a lawsuit involving the wrongful death of one of its employees who was killed in a truck crash. U.S. District Judge John Z. Lee wrote the opinion dismissing a wrongful-death lawsuit and survival claims against Pomp’s Tire Service Inc. on behalf of the Estate…
Perry Odom was seriously injured when a semi-trailer collapsed on him at his job. His employer was Penske Logistics. However, this employer did not own the trailer; his employer’s sole shareholder, Penske Truck Leasing, was the owner. Odom and his wife brought a lawsuit against Penske Truck Leasing through a…
Anthony Cozzone was employed by Fellows Roofing when he was killed in a work accident. The Cozzone estate filed a lawsuit against a third party who settled with the Cozzone family for $745,000. The attorney representing the family received attorney fees of 33% or $248,333. In the meantime, a jury…
Harry DeSchene, a 53-year-old worker for Pavement Recycling, was seriously injured on a jobsite. He was walking behind a water truck to take a work-related phone call when a truck driver of Emmett’s Excavation backed his truck into him. He was run over at his midsection. He suffered a pelvic…
James Brooks was severely injured in a work accident in which he lost his left hand, wrist and forearm. Brooks was an assembly-line operator for Prairie Packaging Inc. The on-the-job incident resulted in the filing of a worker’s compensation claim in 1999, the year of this accident. In addition, Brooks sought recovery…
The Illinois Supreme Court has ruled that the mailbox rule applies when filing a notice of appeal. That means that if an appellant seeks an appeal to a higher court, the notice of appeal time is satisfied as long as the notice is mailed to the Clerk of the Circuit Court…
The Illinois Appellate Court has affirmed a decision by a Cook County circuit court judge that allowed an injured worker to file a claim for a different injury to her right leg from the same conduct. The two workers’ compensation claims were consolidated prior to the arbitration in the Industrial…
While a personal injury claim is subject to a jury’s decision, Illinois workers’ compensation claims are decided by the Illinois Workers’ Compensation Commission. Rather than undergoing a jury trial, workers’ compensation cases undergo an arbitration process in which both parties present their case to the arbitrator, who then determines an…
An Illinois District judge denied the U.S. government’s motion for summary judgment on the basis that the government had failed to establish that the plaintiff’s claim was not valid in James D. Fowler v. The United States of America, 08-CV-2785. The U.S. government had attempted to prove that the plaintiff…
An Illinois employee who was involved in a car accident during the course of his employment sought to recoup payments from both his employer’s workers’ compensation policy and its car insurance policy. When the insurance company denied his claims, the employee filed a lawsuit in order to recoup those costs.…