Articles Posted in Jury Verdict

Samuel Kim was riding his skateboard in Cerritos, Calif. As he entered an intersection on a green light and began crossing at the crosswalk, Arsham Baltayan, who was driving a car in the scope and course of his job with a car dealership, turned right into the intersection on a red light. Kim was unable to stop in time and struck the right passenger side of Baltayan’s vehicle.

Kim was just 14 years old at the time and was not wearing a helmet. He was thrown to the pavement and suffered a traumatic brain injury. The brain injury has resulted in personality and behavioral changes.

When he reached the age of majority, he sued Baltayan and the automobile dealership claiming that Baltayan was negligent in choosing not to keep a proper lookout and yield to a skateboarder with the right-of-way in the crosswalk.

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A Cook County jury’s not-guilty verdict for Tinley Park Roller Rink, a south suburban roller rink, will stand after the Illinois Appellate Court reversed a trial court’s order of a new trial. The appeals panel stated that there was nothing wrong with the jury instructions allowed by the trial judge that were used by the jury to reach its verdict.

In March 2016, the trial judge ordered a new trial for the plaintiff Marie Largen who filed a lawsuit alleging negligence against the Tinley Park Roller Rink citing a potentially confusing Illinois Civil Jury Pattern Instruction (IPI) 60.01 that quoted the entire Roller Skating Rink Safety Act and may have thrown jurors off during their deliberations.

The Illinois Appellate Court reversed the trial judge’s order for a new trial on plaintiff’s post-trial motion in a unanimous decision. The appeals panel rejected Largen’s counsel’s argument that including the statute’s assumed-risk language asked the jurors to answer a purely legal question when reaching its decision.

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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 suffering fever, cramps and diarrhea. When her symptoms worsened, E.H.’s parents took her to a hospital emergency room where the staff diagnosed an E. coli infection.

The E. coli infection led to hemolytic uremic syndrome, which is a severe complication that results when toxins from the bacteria enters the patient’s bloodstream and finds its way to the kidneys.

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Joanne Turner, an electrician, was working on a roof of a community college building that was under construction. As she climbed a 20-foot roof access ladder, she slipped and fell about 15 feet to the concrete floor below.

Turner was 53 years old at the time. As a result of this fall, she suffered an L-2 burst fracture, a fractured right femur and foot and bilateral knee injuries.

Turner underwent open reduction internal fixation of the femur fracture. She also required the implantation of a retrograde nail in her right knee. She was hospitalized for about a week. She spent twelve days in an inpatient rehabilitation facility and remained off her leg for about two-and-a-half months. She was also required to wear a back brace for an additional three months.

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Cameron Hansen, 48, was a cement mason working at a construction site at Loretto Hospital at 645 Central Ave. in Chicago. The defendant in this case was Stone Mountain Access Systems Inc., which was the company that provided the scaffolding at the job site. Stone Mountain was responsible for designing and consulting for the building of this scaffold for this job.

Hansen was attempting to disassemble the scaffolding on Nov. 11, 2010 when it tipped over and he fell to the ground. Hansen sustained a traumatic brain injury along with unspecified injuries to his neck, left shoulder, left hip and left knee. He required five surgeries and physical therapy. The injuries left him with permanent disability.

He blamed Stone Mountain for the placement of counter-weights for the scaffold falling over and this accident. Stone Mountain maintained that there was nothing wrong with the equipment or the way the scaffold was built and argued that Hansen’s dismantling of the scaffold was the sole cause of the scaffold’s fall.

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A Minnesota jury has signed a $28 million verdict for the injuries suffered by a teenager who is now a quadriplegic after the car in which she was passenger was struck by a school bus. The crash occurred in 2009 when Paige Anderson was just 16 years old.  Another passenger in that car was killed in the crash.

The case was tried to a jury in Itasca County, which assigned 10% of the fault for the crash to the bus driver. The rest of the liability was placed on the driver of the vehicle in which Paige Anderson was seated. The attorney representing her said that both drivers are insured against claims like this, but the insurance coverage is substantially less than this verdict. The attorney representing Paige Anderson was Stephanie Ball.

“Awards this large are very rare in greater Minnesota, but this was a unique and heartbreaking case,” Ball stated, adding that the jurors’ verdict “recognizes the tragic injuries suffered by a young woman whose life was just getting started.”

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Lee Newsome sustained a serious injury to his right foot when a rail hanging from a crane fell on him. He was working for the Wisconsin Central Railroad. Newsome sued the railroad under the Federal Employers Liability Act (FELA) claiming that his injuries caused him a “loss of future earning capacity.” Wisconsin Central moved for partial summary judgment on Newsome’s loss of future earning capacity, arguing that the evidence did not support his claim. The U.S. Magistrate Judge handling this case denied Wisconsin Central’s motion, holding that there was a fact question for the jury.  According to the Magistrate Judge’s decision, the U.S. Supreme Court has held that the FELA allows for the awarding of damages for impairment of earning capacity.

“The FELA is a broad remedial statute to be construed liberally in order to effectuate its purpose. In addition to compensation for pain and suffering, the FELA allows damages for economic harms such as loss of past and future wages and impairment of earning capacity that result from injury.” Grunenthal v. Long Island RR Co., 393 U.S. 156, 160-62 (1968).”

There were no 7th Circuit Court of Appeals cases for the Magistrate Judge to rely on. However, there were other federal circuit court cases that stated that proofs necessary to recover future loss of earning capacity is allowed in the FELA context.

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Karen Ann Whitaker was 60 when she started home from the church where she worked as a daycare teacher. Driving alone, she exited the church parking lot and turned onto the adjacent road. As she entered the northbound lane, southbound trucker Clarence Risher, who was driving a tractor-trailer while under the influence of methamphetamine, lost control of his truck.

The Risher truck jackknifed and crossed the center line. In doing so, the truck broadsided Whitaker’s car. She died on impact. She is survived by her husband, four adult children and five grandchildren.

Earlier on the day of this crash, Risher had delivered a load of chickens for House of Raeford Farms Inc., which had hired his employer, CRE Trucking LLC, as an independent contractor, to transport the chickens. Risher pleaded guilty to DUI involuntary manslaughter, reckless driving and operating without a valid driver’s license, among other serious criminal charges. He was also sentenced to 4 years in prison for this accident.

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Joseph Sondag was alleged in this lawsuit to have been exposed to asbestos dust from drywall tape manufactured by Tremco when he worked as a plasterer from 1957 to 1983. In 2007, he was diagnosed with pleural plaques and interstitial fibrosis.

At trial, Sondag’s treating physician, Dr. Al Rossi, testified that these conditions were probably caused by on-the-job exposure to asbestos. However, Dr. Rossi did not diagnose Sondag as suffering any symptoms from this condition.

According to Sondag’s wife, Phyllis, and their daughter, he suffered from shortness of breath. But he was an ex-smoker and was 82 when the case was tried. There was no expert testimony that the pleural plaques and interstitial fibrosis were symptomatic.

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A Chicago real estate developer, Perry Casalino, hired Ramon Gavina as a laborer to install wallpaper inside the entrance of a building at 1513 N. Western Ave. in Chicago. Gavia maintained that Casalino purchased materials and tools, instructed him as to how to perform the work and told him to climb up on a scaffold to hang the wallpaper.

When Gavina climbed on top of the scaffolding on Jan. 14, 2009, it collapsed. He fell to the ground and sustained a tibial plateau fracture in his knee.  The injury will require surgery as recommended by his orthopedic surgeon.

Gavina sued Casalino and his company. Casalino and, on behalf of his development company, denied that he was present at the time of the incident, denied that he owned the scaffolding and denied knowing the owner of the scaffold.

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