Chicago Personal Injury Lawyer Blawg

August 9, 2012

NHTSA Issues Advisory to Pedestrians: Fatalities Caused by Motorists Up in 2010

The National Highway Traffic Safety Administration has issued an advisory to pedestrians after statistics showed pedestrian fatalities rose by 4 percent in 2010 relative to their levels in 2009. The report notes that 4,280 pedestrians died in 2010, up from 4,109 in 2009. Another 70,000 pedestrians were injured in traffic crashes in 2010.

On average, a pedestrian was killed every two hours and injured every 8 minutes in 2010, the report states.

The total number of fatalities in Illinois was 927 that year. Of that total, 115 — or 12.4 percent — were pedestrian deaths, according to the report. That is a much smaller percentage, however, than other states. In the District of Columbia, for example, 54 percent of the traffic fatalities involved pedestrians in 2010, while in California, the percentage of car deaths involving pedestrians was 22 percent.

July 27, 2012

Illinois Federal Judge Finds Affidavit Rescues Injury Case From Summary Judgment; Scott v. BNSF

by Robert Kreisman

An Illinois federal district court judge has ruled in favor of a railroad employee who provided a deposition and an affidavit following an injury he sustained while operating equipment that was designed to prevent runaway trains. The judge ruled that the employee’s affidavit did not squarely contradict a statement given in an earlier deposition.

The subject of the case was the injury to B.S., who hurt his shoulder allegedly because of defective equipment that the railroad should have spotted and corrected during routine inspections and maintenance. The plaintiff brought suit against BNSF under the Federal Employers’ Liability Act (FELA).

According to the lawsuit, the accident involved a safety device called a “derail,” which was designed to prevent trains from running away, reaching mainline tracks by shifting wheels off of those tracks. The derails are turned on and off by throwing a large handle.

July 19, 2012

Experts Allowed to Testify in Toxic-Tort Chemical Exposure Case; Noffsinger v. Valspar Corp.

by Robert Kreisman

A federal district court judge in Illinois has ruled that an expert’s testimony cannot be barred in the case of a truck driver who became ill while transporting chemicals.

The case stemmed from a suit filed by S.N. against the Valspar Corp. and one of its subsidiary companies. S.N. claimed that he became ill because of exposure to fumes from a defective drum of Dynaprime. He was transporting the chemical from Illinois to California.

The lawsuit claimed that toxic vapors were responsible for the death of S.N.’s dog, Boomer.

July 17, 2012

Lawsuit for Preliminary Injunction Must Show the Likelihood of Success on the Merits

by Robert Kreisman

A trial judge in the circuit Court of Cook County has denied a request for a preliminary injunction in the case of a business whose owners wanted to build a gas station alongside another gas station in Oak Forest.

Oak 159th Inc. owned a BP gas station at the corner of 159th and Central Avenue in Oak Forest, Illinois. Two sides of the gas stations were on 159th Street and Central Avenue. The other two were on the parking lot of a shopping center. The shopping center was owned and managed by Inland Real Estate.

One of the tenants of the shopping center, Food4Less, a supermarket, leased a portion of the parking lot. The supermarket received permission from Inland Real Estate and the City of Oak Forest to build a gas station on its portion of the parking lot, which was immediately east of the BP station.

July 12, 2012

Court Rejects Scientific Theory in Asbestos Litigation; Betz/Simikian v. Pneumo Abex, LLC, et al.

by Robert Kreisman

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 diseases.

The defendants sought to bar or prevent that testimony using the U.S. Supreme Court’s rule in the Frye case.

In Betz/Simikian, Charles Simikian brought a product liability case against Allied Signal, Inc., Ford Motor Co. and others. The plaintiff claimed that throughout his 44-year career as an auto mechanic, he was exposed to asbestos products, which in turn caused him to develop the condition known as mesothelioma.

July 10, 2012

Illinois Appellate Court Agrees With Trial Court in Dismissing Breach of Fiduciary Duty Claim for Missing Facts; Caplice, et al. v. Stahl Cowen Crowley, LLC, et al.

by Robert Kreisman

The Illinois Appellate Court affirmed the ruling of the trial judge dismissing a breach of fiduciary duty claim regarding a troubled condominium development. The west-side Chicago development was managed by Two South Leavitt, LLC, whose duties were directed by an individual, John R. Joyce. Mr. Joyce was an attorney employed by the defendant Stahl Cowen Crowley Addis, LLC. Mr. Joyce later moved on to two other law firms.

Before the start of the construction of the condominium development, Two South Leavitt and Joyce, with another business partner, were looking for investors. The solicitation they offered guaranteed a 12 percent annual return. Several investors contributed a total of $757,000 to Leavitt. On top of that, bank financing was secured.

Joyce was acting as legal counsel for Leavitt and negotiated a construction contract with a construction firm. Joyce, also acting as Leavitt’s manager, approved the construction contract. Construction began in 2004, but delays in costs overruns caused the building to remain unfinished. A lawsuit was filed shortly thereafter.

July 6, 2012

Illinois Supreme Court Rules Ambulance Driver is Protected Under Immunity Law

by Robert Kreisman

All of us have seen ambulances speed through intersections, their sirens blaring and lights flashing in an effort to warn other motorists. Now the Illinois Supreme Court has ruled that an ambulance driver cannot be held liable if a collision occurs with another vehicle. Citing an immunity law, the high court ruled that government employees are protected.

The high court ruling stems from a 2004 crash in downstate Massac County, when ambulance driver S.T., responding to an emergency call, drove through a stop sign at an intersection. A minivan driven by plaintiff J.H. collided with the ambulance, causing injuries to drivers and passengers in both vehicles.

J.H. sued the ambulance driver and the Massac County Hospital District for negligence. Citing the hospital’s standing as a municipal corporation, however, the defendants in the suit claimed the immunity act freed them from liability.

July 5, 2012

Study: Teens Don’t See Problem in “Distracted Driving”

by Robert Kreisman

We once thought that the most dangerous behaviors among teen drivers were drunk driving or failure to wear seatbelts. Now we know that using a cell phone — either talking on the phone or texting — represents a similarly grave threat when teens get behind the wheel.

A recent study reveals a lot about teen-age drivers and how they use their electronic devices when they should be paying attention to the road.

The study, funded by Bridgestone Americas Inc., surveyed 2,012 young drivers and found that both boys and girls showed bad judgment while driving. A summary of the study says, “[o]nly one-third of respondents believe talking on the phone while driving is dangerous.” About one-third of drivers admitted to reading text messages at least occasionally while driving and one-fifth said they type text messages at least occasionally while driving.

July 2, 2012

Illinois Appellate Court Denies Hospital its Lien Claim in Auto Crash Injury Case; Jayko v. Fraczek

by Robert Kreisman

Eleven-year-old A.J. was injured in an automobile crash and was taken for treatment to St. Alexius Medical Center in Hoffman Estates. The bills that were sent by the hospital to the boy’s parents featured the crest of Alexian Brothers Catholic order and, in large font, the name “Alexian Brothers.” Below that was smaller print, which showed the name “St. Alexius Medical Center.”
A lawsuit was brought by the boy’s family that settled the auto accident for $30,000. The hospital hired a law firm in Deerfield to notify the family attorney that it was asserting a hospital lien for $11,638.

The family attorney then moved the court under §30 of the Hospital Lien Act to adjudicate the hospital’s lien. Section 30 calls for the hospital to receive “written notice,” which the boy’s family attorney did by certified mail, return receipt requested.

June 29, 2012

Dietary Supplement DMAA Draws Health Warning

by Robert Kreisman

DMAA is an ingredient of pre-workout energy boosters. A recent Chicago Tribune article describes DMAA supplements (a/k/a 1, 3-dimethylamylamine or methylhexaneamine) as being marketed as a natural substance that comes from geraniums. But substantial evidence negates that assertion.

The U.S. Food and Drug Administration (FDA) is now calling on the manufacturers of DMAA to verify the safety of their products. The regulators are saying that DMAA is a pharmaceutical compound marketed as a natural ingredient. This has led to renewed calls for federal regulations for dietary supplements.

Users of the products containing DMAA claim that it brings renewed energy, especially to competitive bodybuilders and athletes.

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