Articles Posted in Premises Accidents

Steven Frosch was working for the New York City Department of Sanitation operating a street sweeper. He was at the city department garage greasing the brushes on one of the street sweepers when his coworker, Antonio DiCaro, stopped another street sweeper next to him. As DiCaro was waiting, he reached down to unplug his Bluetooth radio. DiCaro’s vehicle then lurched forward, crushing Frosch between the two sweepers.

Frosch suffered multiple internal crush injuries, including a severed spinal cord, ruptured diaphragm and spleen and kidney damage. Tragically, he was pronounced dead at the scene within just ten minutes. He was 43 years old. Frosch was survived by his wife and four minor children.

Colombina Frosch, his wife, individually and on behalf of her husband’s estate, sued DiCaro and the City of New York alleging that DiCaro was negligent in choosing not to put his vehicle in park before reaching for his Bluetooth radio.

Continue reading

Teresa Mroczko was employed by A & R Janitorial to do custodial work.  On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved during the renovation of the building, fell on her and she was injured.

Pepper Construction Co. had been hired to renovate the building and had subcontracted for replacing the carpets to another defendant in this case, Perez & Associates. Perez had moved the desk in the course of replacing the carpets.

Mroczko filed a workers’ compensation claim against A & R Janitorial, her employer and was granted relief, although the claim is currently being reviewed on appeal.

Continue reading

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.

Continue reading

Cedric Smith sued the United States government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 2671 et seq., claiming injuries from a fall off of a broken metal stool in a secured attorney-client interview room at the U.S. District Court in Rock Island, Ill.

Smith’s lawsuit relied on the doctrine of res ipsa loquitur (“the thing speaks for itself”), claiming that when he sat on the stool, it tilted backward, causing him to fall, hit his head and suffer permanent injuries.

The district court judge granted summary judgment for the federal government finding that the Smith evidence was insufficient to create an inference of negligence because others could have broken the stool or Smith could just have fallen from an undamaged stool in the absence of negligence on the part of anyone.  The U.S. Court of Appeals for the 7th Circuit in Chicago reversed the granting of the summary judgment motion in an opinion written by Judge Ilana Diamond Rovner, holding that Smith’s evidence was sufficient to create a jury question as to whether the government was negligent.

Continue reading

In 1993, the Luther Village Owners Corp. contacted Ken Bruce to see if he was interested in running a salon in their neighborhood. Bruce took ownership of the salon in 1994 and in 1996 formed Creative Designers, a corporation, which would run the salon. Bruce was president and operator of the salon.

Creative Designers employed all of the hairstylists who worked at the salon as independent contractors on one-year contracts. One of the stylists was the plaintiff, Ghada Hanna, who was hired in 2008.

The salon where Hanna worked was renovated by Luther Village in 2008. A series of “flip-top countertops” were installed, which could be tilted and locked into an upright position to allow increased reach and then be lowered again for counter space. Maintenance and modifications to the salon fixtures, including the countertops, was carried out by Luther Village.

Continue reading

Cook County appealed an order entered by the Circuit Court judge that struck, dismissed and extinguished a hospital lien arising under the Healthcare Services and Lien Act (Act) (770 ILCS 23/1 et seq.) for services rendered to the plaintiff, minor child Akeem Manago, by Stroger Cook County Hospital.

On appeal, the county argued that the Circuit Court judge’s decision was wrong in extinguishing the lien, arguing (1) it was not required to intervene in plaintiff’s personal injury action against defendants Chicago Housing Authority (CHA) and H.J. Russell & Company, (2) a hospital lien may be enforced against a minor, and (3) the hospital lien may attach to a judgment but does not include an award of damages for medical expenses. The appeals panel’s decision relied in part on the fact that Akeem’s parent, April Pritchett, did not assign her cause of action for medical expenses to the injured minor plaintiff and thus the county does not have a lien under the act.

The underlying case arose out of injuries that Akeem sustained on Aug. 5, 2005 while he was a minor. The hospital (Stroger Cook County Hospital) provided care and treatment to Akeem for these injuries on various dates from August 2005 through September 2010. The hospital filed a notice of lien against the plaintiff for unpaid hospital bills on Aug. 10, 2009. The notice of lien was forwarded to the attorney for the plaintiff by certified mail. The enforceability of the lien against a judgment entered by the Circuit Court in the plaintiff’s underlying personal injury lawsuit is the subject of the appeal.

Continue reading

Richard Black worked for a hospital’s housekeeping staff.  He went to the loading dock to throw away trash into a dumpster.  Richard Cea, an employee of Royal Carting Service Co., had just delivered the dumpster.  It was still attached to the back of his truck.

As Black was throwing trash in the dumpster while standing with one foot on the loading dock and the other on the edge of the dumpster, Cea suddenly moved his truck. The dumpster moved away from the dock and Black fell. Cea then reversed the truck, causing the dumpster to hit Black’s left knee.

Black, 55, suffered a fractured distal femur. The femur bone is the largest bone in the human body. It is also known as the thigh bone. Black underwent open reduction and internal fixation followed by extensive physical therapy. The non-union of the femur necessitated revision surgery and the application of a bone graft. Black underwent additional physical therapy but later developed arthritis in his knee, and that required a total knee replacement.

Continue reading

On Sunday, Aug. 21, 2011, at 4:45 a.m., 22-year-old Patrycja Wysckowska fell 30 feet to her death after trying to navigate an outside ladder on the third-floor rear porch of an apartment building at 4310 N. Sheridan Road in Chicago.

The apartment complex is known as Park Shores and was owned and managed by the defendants, American Heritage Investment II and Group Fox Inc. The woman had reportedly had been attending a party at the building and was trying to climb up to the roof. She was survived by her parents and two siblings.

Her family filed this wrongful death lawsuit against these defendants contending that the ladder was unsafe and one of the rungs snapped while she was on the ladder causing her to fall.

Continue reading

Sam Eddins was 81 and used an electric wheelchair to get around. He was in the process of crossing a street at a crosswalk in a controlled intersection. The defendant Eileen Jagger was driving her sedan when she turned left and crashed into Eddins in his wheelchair. Eddins suffered injuries including head trauma, shoulder dislocations and limb fractures.

He was taken from the scene to a nearby hospital where he later suffered cardiac arrest and died. His medical expenses totaled $879,900. He was survived by 3 adult children.

The Eddins family sued Jagger and her husband claiming that her choosing not to keep a proper lookout was the reason and the cause for the crash and subsequent injuries and death of Eddins.

Continue reading

Raymond Berke fell in the vestibule of an apartment building where he and his wife were staying with friends. A doorman heard but did not see him fall. There were no eyewitnesses. He suffered spinal injuries that rendered him a quadriplegic. He has no memory of his fall.

Berke filed a lawsuit against the building owner and the management company claiming that the vestibule area, stairs and doorway, in particular, were improperly designed and maintained and were a direct and proximate cause of his injuries.  His wife brought a loss of consortium claims against both defendants.

The defendants moved for summary judgment. The trial judge entered judgment in their favor. The Berkes argued that they presented sufficient admissible evidence to support their prima facie case of premises liability that would preclude summary judgment. They also contended that the trial court erred in striking parts of their expert witness affidavits, submitted in support of their response to defendants’ summary judgment motion and that the court should have granted their motion to cite supplemental authority.

Continue reading