Chicago Personal Injury Lawyer Blawg

October 2, 2012

Illinois Jury Verdict for Saw Manufacturer in Product Defect Case

A Chicago jury has decided in favor of table saw manufacturer Ryobi Tools in a case filed by a plaintiff who claimed he was injured by a defective saw.

The plaintiff, Brandon Stollings, was a carpenter who purchased a Ryobi BTS 20R1 in May 2007, a few days before the accident. He claimed in the suit that the saw was defective because it did not include a SawStop sensing device or a European style riving knife.

SawStop inventor Stephen Gass served as an expert witness and testified during the two-day trial. Gass created the sensing device, which causes a saw to “brake” if it detects flesh rather than wood. Gass has petitioned the federal Consumer Protection Safety Commission to require SawStop technology on all new table saws. His petition is still pending before the federal commission.

October 1, 2012

Appellate Court Rules Condo Resident not Required to Pay Assessments After Condo is Not Repaired

by Robert Kreisman

The Illinois Appellate Court has ruled that a condo resident was justified in not paying more than $2,000 in condo fees because the roof above and the brick facade outside her unit had not been properly prepared.

The plaintiff, Lisa Carlson, had been threatened with eviction for non-payment of her condo dues totaling $2,143. Her attorney filed an appeal under the Forcible Entry and Detainer Act (FED). The court found that the condo association had breached its duty to maintain and repair common elements of the building.

The decision was reported in the Chicago Daily Law Bulletin.

September 24, 2012

Illinois Supreme Court Voids 3.9 Million Jury Award; Dominic Choate v. Indiana Harbor Belt Co.

by Robert Kreisman

The Illinois Supreme Court has overturned a $3.9 million jury award against three railroad companies in a ruling that stated that a moving train presents an obvious danger.

In a unanimous decision by Justice Charles Freeman, the court found that the circuit and appellate courts committed reversible error when they let the jury determine the defendants’ duty to the plaintiff. In this case, the plaintiff injured himself while attempting to jump onto a moving train.

The ruling stemmed from a personal injury suit filed by D.C. in Cook County against Indiana Harbor Belt Railroad Co., the Baltimore and Ohio Chicago Terminal Railroad Co. and CSX Transportation Inc. In 2003, when the plaintiff was 12, he tried to impress his friends by jumping onto a moving train in Chicago Ridge. His foot was run over by a train wheel, and he had to have his leg amputated below the knee.

September 14, 2012

Motorcycle-Firefighter Killed After Being Cut Off by U-Turning Vehicle; Estate of Schroeder v. Wright

by Robert Kreisman

Motorcyclists have a higher fatality rate than drivers of cars. This is due to many factors, but one is the fact that motorists frequently fail to notice motorcycles. In many accidents, the motorcyclist is not wearing a helmet. In some instances, motorcyclists are traveling at high rates of speed, and they collide with a car or truck. Such was the case in the death of D.S.

D.S. was operating a motorcycle eastbound on Aug. 31, 2008 on Higgins Road in Schaumburg when he entered the intersection at Mall Drive with a green light. He was cut off by a car operated by the defendant, T.W. She was making a U-turn from westbound Higgins to head eastbound.

D.S. was killed in the crash. He was survived by his wife and three mnior children. D.S. was a firefighter and paramedic with the Deerfield-Bannockburn Fire Department. At the time of the accident, he was driving a high-performance motorcycle on his way to a charity run.

September 5, 2012

Thomson Reuters Selects Robert Kreisman for Super Lawyer List

by Robert Kreisman

Robert Kreisman has been named to the Super Lawyers list as one of the top attorneys in Illinois for 2013. No more than 5 percent of the attorneys in the state are selected by Super Lawyers. Kreisman has consistently been named as a Super Lawyer.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice areas.

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys and the general public in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. The Super Lawyers list was first published in 1991 and by 2009 the rating service was expanded nationwide.

August 31, 2012

NTSB: Neglect and Inaction Caused Huge Michigan Oil Spill

by Robert Kreisman

Whenever we live near an industrial area, we are at the mercy of those whose job it is to oversee and properly maintain the industry. Industrial “accidents” or cases of neglect and incompetence, can turn our lives upside down and, potentially, adversely affect our health. Such was the case in the 2010 oil spill caused by the Canadian company Enbridge Inc. in southwestern Michigan.

The National Transportation Safety Board has issued a report about the spill, saying it was the result of multiple cracks in the pipeline and that the company did not recognize the ruptures. The report also said the massive oil spill was caused by a complete breakdown of company safety measures, while its employees performed like “Keystone Kops” trying to contain it.

The Reuters news service carried a story about the report.

August 30, 2012

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

by Robert Kreisman

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 Congress to require rental agencies to repair autos that are under manufacturers’ recall before renting or selling them.

The fight for the proposed law is being led by Sen. Barbara Boxer, D-Calif. She said Hertz has agreed to the pledge, but other major companies such as Enterprise, Avis and Dollar Thrifty, have resisted.

“Our families deserve a permanent commitment to safety,” said Boxer, who chairs the Senate Environment and Public Works Committee, which oversees highway policy. “Until they sign the pledge, tell your families not to go to those companies.”

August 24, 2012

Robert Kreisman Named Editor of American Association for Justice

by Robert Kreisman

Robert D. Kreisman of Kreisman Law Offices has been appointed the newsletter editor for the Professional Negligence Section of the American Association for Justice.

The American Association for Justice works to promote an effective justice system and to support attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.

The association was formed in 1946. Today, the AAJ is the world’s largest trial bar. It AAJ promotes justice and fairness for injured persons, safeguards victims’ rights–particularly the right to trial by jury–and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With members worldwide, and a network of U.S. and Canadian affiliates involved in diverse areas of trial advocacy, AAJ provides lawyers with the information and professional assistance needed to serve clients successfully and protect the democratic values inherent in the civil justice system.

August 23, 2012

Allstate Saddled with 1 Million “excess judgment” Following Motorcycle Accident

by Robert Kreisman

The Illinois Appellate Court has ruled in favor of a motorcycle rider who lost a leg in an accident and sought a $1 million judgment against Allstate Insurance Co. This decision might have gone differently for Allstate, but the insurer made several very serious errors in its handling of the case.

This case was reported in the Chicago Daily Law Bulletin.

The accident occurred on June 30, 2006, when the driver, E.H., allegedly drove a truck through a stop sign and smashed into the side of a motorcycle driven by S.K., whose leg later had to be amputated. The truck was owned by a third party, L.S.

August 13, 2012

More Than $558k Awarded Following Rear-Ender that Broke Passenger Seat in Half

by Robert Kreisman

A Chicago man has been awarded $558,474 by a Cook County jury stemming from an injury he sustained while a passenger in a vehicle that was rear-ended by another car. The impact was so great that the seat in which he was riding was broken in half.

The verdict was reported in the Cook County Jury Verdict Reporter.

On June 20, 2008, J.L. was a passenger in a car that was stopped at a red light on southbound Lake Shore Drive at Chicago Avenue. The vehicle was struck from behind by a car driven by defendant V.T. The plaintiff, who was wearing a seatbelt, experienced immediate back and neck pain and a burning sensation in his back.

Chicago Personal Injury Lawyer Blog