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Articles Posted in Wrongful Death

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Student Drowns But School Found Not Responsible; Slade v. Board of School Directors

The estate of the decedent, Kamonie Slade, and his parents, brought a lawsuit against the administrators of the public school he was attending at the time of his death from drowning in a class outing. The case was brought under the due process clause of the Fourteenth Amendment. The district…

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Limit in Insurance Coverage Affirmed in Porch Collapse Case; Ware v. First Specialty Insurance Corp.

In 2003, a three-story porch in Chicago’s Lincoln Park collapsed during a party. Thirteen people were killed and another 29 were injured. Insurance coverage was an issue taken up in a declaratory judgment action in the chancery division of Cook County’s Circuit Court. It was determined that the collapse of…

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Illinois Appellate Court Affirms Summary Judgment for Deaths in House Fire; Rutkoff v. Security Associates International, Inc.

Four teenagers went out to dinner and later had a party in the basement home of the Gordons, the parent home of one of the teenagers. The incident took place in July 2006. Two of the individuals, Hoyle and Peabody, arrived and talked with the Gordon mother, Rachelle. Hoyle smoked…

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Congress Plans Legislation to Prevent Car Rental Companies from Renting Vehicles that Have Been Recalled

Most of us assume that when we rent a car, the vehicle has been inspected and is safe for us to drive. Unfortunately, some car rental agencies have made cars available to customers even after these vehicles have been recalled for safety reasons. Now a move is under way in…

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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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Wrongful Death in Tractor-Trailer Head-On Crash Leads to Insurance Coverage Fight; Coca-Cola Enterprises, Inc. v. ATS Enterprises

In this case the parties fought over the insurance policies arising out of the wrongful death of Daniel Zacha, an employee of S&S Service Co. Mr. Zacha was driving a tractor-trailer owned by Coca-Cola Enterprises back to the S&S garage for repairs; in the process, he caused a head-on crash…

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No Motorcycle Brake Defect Found in Death of Husband and Wife Killed in Crash

A Cook County jury has found in favor of Harley-Davidson Motor Co. Group Inc., Illinois Harvey-Davidson Sales Inc. and Nissin Brake Ohio Inc. after the death of a husband and wife who were killed in a motorcycle accident on May 23, 2006. The husband and wife, G.R. and S.R., were…

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Illinois Supreme Court Holds That No Relationship Needed Between Asbestos Exposed Person and Company – Simpkins v. CSX

It is commonly acknowledged that employers have a duty to provide a safe, healthy environment to their employees. If an employer fails to provide a safe environment, perhaps resulting in a work injury, then that employer may be held liable for the employee’s injuries. However, a new Illinois Supreme Court…

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4.25 Million to Family of Pedestrian Killed in Fiery Highway Crash – Estate of Hawa Sissoko v. Roadway Express, Inc.

An Indiana jury found entered a $4.25 million verdict against a truck driver and his employer for the wrongful death of 28 year-old Hawa Sissoko in Estate of Hawa Sissoko, deceased v. Roadway Express, Inc., YRC Worldwide, Inc., et al., 09 L 2542. Sissoko’s vehicle was stopped on an Indiana…

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4.75 Million Jury Verdict to Stand – Supreme Court Will Not Overturn Case of the “Blogging Juror” in Eskew v. Metra and BNSF Railway Co.

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…

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