Chicago Personal Injury Lawyer Blawg

December 10, 2012

93,182 Cook County Verdict for Passenger in Three Car Crash; Stadelmann v. Estate of Waimon

Margaret Waimon, 84, was driving northbound on Interstate 294 when she rear-ended a vehicle in front of her. The Oct, 6, 2007 crash pushed that car into the rear of the car in front of it where the plaintiff, Jennifer Stadelmann, was a passenger. Stadelmann, 32, suffered a neck injury that required physical therapy.

The defendant driver passed away from unrelated causes before the trial. Defendant admitted negligence but denied the nature and extent of Stadelmann’s claimed injuries that led to this trial. Stadelmann had soft tissue neck injuries and physical therapy bills. At the jury trial, the defendant argued that Stadelmann’s injuries healed in 6-8 weeks following the crash and that $25,182 in physical therapy bills were not related to the crash. The jury disagreed.

The Cook County jury’s verdict of $93,182 was made up of the following damages:
• $25,182 for medical expenses;
• $40,000 for pain and suffering;
• $28,000 for loss of normal life.

December 6, 2012

Illinois Jury Returns $167,000 Verdict in Stop Sign Car Crash; Fuentes v. Dovin

by Robert Kreisman

Jackie Fuentes was driving northbound in 2006 on East 15th Road in Wallace Township, LaSalle County, while defendant Amanda Dovin was traveling westbound on North 31st Road. East 15th was a through street at this intersection, while North 31st had stop signs for east and westbound traffic.

Defendant Dovin stopped at the stop sign before making a left turn onto southbound East 15th and crashed into Fuentes’ car. The impact forced Fuentes’ car into a ditch on the west side of East 15th Road.

Fuentes, 24, was taken to the local hospital’s emergency room, where she was diagnosed with a cervical strain, abdominal pain and a chest bruise. All of the tests conducted there were within normal limits except for an x-ray of her spine, which showed reversal of lordosis, a change in curve of the neck, caused by soft tissue swelling in her neck.

December 4, 2012

489,000 Cook County Verdict for Delivery Man Hit by Car in Parking Lot

by Robert Kreisman

In September 2008, Robert Jones, a delivery man bringing pizza dough to the Pizza Hut restaurant in South Elgin, Ill., was hit by a Pizza Hut employee. Mr. Jones was delivering pizza dough on a loaded dolly through the parking lot heading toward the restaurant’s back door when he was hit by Bibiana Bojorge, who was on her way to deliver a pizza.

Jones, 41, sustained a leg fracture that required surgery. He also will require a knee replacement surgery in the future.

The defendant argued at the trial that Mr. Jones had pizza dough stacked up too high on his dolly, so he was not able to see in front of him. The defendant contended that Mr. Jones ran into the car driven by the 19-year-old pizza delivery driver.

November 27, 2012

Illinois Jury Finds for Injured in Head-On Crash in Snow Storm; Gutierrez v. Palochko

by Robert Kreisman

Jose Gutierrez was driving southbound on Route 23 near Fossee Road in Ottawa, Ill., when his vehicle was hit by the front of the car driven northbound by defendant Palochko. Palochko’s vehicle crossed the center line and crashed into the front of the Gutierrez car. The crash took place on Dec. 23, 2008 in the middle of a snow storm.

Another southbound car traveling right behind the Gutierrez vehicle swerved into the northbound lane after the crash. That car, driven by David Reese, struck the front passenger side panel of Palochko’s car.

Gutierrez, 24, suffered a fractured sternum. Defendant Palochko argued that his car slid on the snow-covered roadway when he hit his brakes. He said he tried to straighten out his vehicle, but he spun into the southbound lane. Palochko is now disabled because of this crash.

November 26, 2012

Illinois Verdict for Rear-End One Day Trial; Canfield v. Village of Creve Coeur

by Robert Kreisman

In a one-day trial in Tazewell County, Ill., a jury decided in favor of a plaintiff who suffered soft-tissue injuries to his neck and back. The plaintiff, Marshall Canfield, had no broken bones; however, in a straightforward trial, the jury awarded $46,074 made up of the following damages:
• $22,500 for pain and suffering;
• $5,000 for loss of normal life;
• $17,998 for medical expenses; and
• $576 for lost income.

In this case, defendant Justin Egan, driving a Village of Creve Coeur vehicle, rear-ended Mr. Canfield. The plaintiff alleged and proved that he suffered just soft tissue injuries to his neck and back. However, the defendant made no offer to settle the case before the trial. The plaintiff was represented by Michael T. Marincic of Peoria, Ill.

November 15, 2012

Black Box Technology Improves in Automobiles and Trucks

by Robert Kreisman

The Federal Motor Carrier Safety Administration (FMCSA), which is a division of the United States Department of Transportation, has requested that “black boxes,” electronic data recorders or electronic on-board recording devices found in trucks and cars, should have the capacity to monitor a truck driver’s hours behind the wheel.

The purpose of the black box device is to record data in case of a crash. The data found on the black box allows experts to review the events leading up to a crash and use that data in evaluating future safety issues.

Today cars have these “black boxes” to record events leading up to an automobile accident. The boxes record vehicle speed before the crash, deceleration rates and vehicle angles before and during the crash. They also detect whether seatbelts were used.

November 14, 2012

Illinois Jury Awards 615,000 for Injured Truck Driver When Steel Rolls Off Flatbed

by Robert Kreisman

In October 2004, the plaintiff truck driver was hauling a pre-loaded 2,000-pound bundle of steel rebar. When the plaintiff reached his destination and loosened the cargo straps, the bundle of rebar rolled off the flatbed of the trailer and severely injured the truck driver by falling on his leg.

The plaintiff, age 31, sustained a tibial fracture. He was out of work for six months after surgery to repair the fracture. It was argued at the jury trial that the defendant company, Menard Inc., was negligent in preparing the pre-loaded cargo and securing the bundle of rebar. Menard maintained that the truck driver was negligent in loosening the cargo strap causing his own injuries.

The Whiteside County, Ill., jury found in favor of the plaintiff truck driver and awarded him $615,451 in the following manner:

November 13, 2012

Illinois Appellate Court Reverses Trial Court’s Dismissal in Auto Injury Case Against Municipality; Robinson v. Washington Township

by Robert Kreisman

In a close case decided by the Illinois Appellate Court, Third District, defendant Will County Washington Township was held responsible for injuries suffered by occupants of an automobile in an accident that was alleged to have been caused by Washington Township roadway construction.

In this case, Ricky Robinson Sr. allegedly lost control of his car after hitting a pothole and construction debris on a roadway that was being fixed by Washington Township in Will County. The Robinson car turned over, injuring Rick Robinson Jr., Mr. Robinson’s son, a passenger in the car.

A lawsuit was brought against the township on behalf of Rick Jr., who was a minor, by his mother, alleging that the township was negligent because:
•

November 9, 2012

U.S. Appeals Court Finds for Railroad Worker Injured at Jobsite; Lynch v. N.E. Regional Commuter R.R. Corp.

by Robert Kreisman

Renardo Lynch was working as a mechanic for Metra when the top rail of a chain-link fence he was installing fell on him. He injured the back of his neck and shoulders. In a lawsuit that was filed under the Federal Employers’ Liability Act, 45 U.S.C. 51, (FELA), the lower court granted a summary judgment motion brought by Metra. Lynch took this appeal to the 7th Circuit Court of Appeals in Chicago.

Lynch was hired by Metra in 1987 in the track department but was moved to bridges and building where he held a number of different positions. When Lynch was injured, he was working as a bridge and building mechanic. Part of that job was installing fences at railroad crossings and depots. Although Metra did provide some training regarding these duties, no training was given to Lynch in installing fencing.

The installation of fences was a routine job done several times per month. When Lynch was injured, he was being assisted by a co-worker installing the mesh part of the fence; they were on their knees next to each other tightening brackets at the bottom of the fence post. The top rail of the fence fell, hitting Lynch across the back of his neck and shoulders. Lynch missed 28-30 days of work. Metra acknowledged that there was nothing Lynch or his co-workers did to cause the pole to fall.

November 7, 2012

Illinois Supreme Court Holds That Railroads Have No Duty of Care to Children Climbing on Moving Trains; Choate v. Indiana Harbor Belt Railroad Co.

by Robert Kreisman

In all negligence cases, duty is an element that must be proved to a preponderance of the evidence by the plaintiff. In Choate v. Indiana Harbor Belt Railroad Co., the Illinois Supreme Court ruled that freight trains pose an obvious risk of harm to child trespassers, but the railroad would owe no duty of care to children for injuries suffered while trying to climb onto a moving train car. Furthermore, the Supreme Court found that whether there is such a duty under those facts exists as a matter of law for a judge to decide, not the jury, the fact-finder.

The Supreme Court’s unanimous decision reversed the trial court’s holding that the 12-year-old boy who had finished sixth grade, should have been smart enough to know the risks of trying to climb aboard a moving freight train. Even though the boy fell trying to board the moving train severing his foot above the toes, the Supreme Court determined that the railroad did not owe a duty of care to the child as a matter of law.

The Supreme Court raised the Second Restatement of Torts and case law going back as far as 1897. In citing these older decisions, the Supreme Court stated that, “[o]ur appellate court held long ago that it was not the duty of a railroad to keep watch and warn boys not to jump onto its cars because jumping from the ground upon a moving freight train is dangerous, and all men and ordinarily intelligent boys know it to be so.”

Chicago Personal Injury Lawyer Blog