Chicago Personal Injury Lawyer Blawg

February 17, 2010

Illinois Truck Driver Settles Rear End Crash

Oftentimes, when we think of life-changing truck accidents in Illinois, we think of rollovers or jack-knife accidents. However, a standard Illinois rear-end trucking accident can also lead to drastic changes to drivers’ and passengers’ lives. The case of the plaintiff truck driver in Shinaberry v. KA Bulk Transport d/b/a Klemm Tank Lines, et al., 06 C 5947, illustrates this point.

In Shinaberry, an out-of-state truck driver was struck by another truck in an Illinois rear-end trucking accident. The plaintiff was stopped at a red light when he was struck from behind by another Illinois truck. Following the accident plaintiff sustained some low back pain, which was initially diagnosed as a lumbar strain.

However, after the plaintiff’s back pain continued he was referred for additional treatment. It was at this time that he was diagnosed with a lumbar disc bulge, lumbar stenosis, and S1 radiculopathy. At this point, the seemingly simple Illinois rear-end collision caused the plaintiff to undergo surgery to repair his injuries, including a spinal fusion. After the operation the plaintiff underwent some physical therapy to improve his mobility.

February 15, 2010

Illinois Premise Liability Issues Reviewed: Appellate Court Reverses Lower Court Ruling Regarding Franchisor’s Duty

by Robert Kreisman

An Illinois McDonald’s employee brought an Illinois premise liability lawsuit against the store franchise and McDonald’s Corporation after she was attacked on the restaurant’s premises. Her lawsuit, Lawson v. Schmitt Boulder Hill, Inc. and McDonald’s Corporation, No. 2-09-0026, explores the issue of what degree of duty a corporation owes to its franchisee’s employees.

In this case, Lawson, part-time McDonald’s employee, was attacked as she was parking her car to the side of the restaurant’s parking lot. In her complaint, Lawson alleged that before she could enter the restaurant that she was robbed, abducted, and assaulted. Lawson claimed that this attack and following injuries were the cause of the defendants’, McDonald’s Corporation and its franchise, negligence and the inadequate security provided.

The plaintiff alleged that McDonald’s Corporation was liable for her injuries because it published standards for its franchises to maintain regarding parking lot lighting as well as other policies and procedures to ensure the security of employees and patrons. Furthermore, it was alleged that it is McDonald’s policy to monitor and enforce its standards, which it does by regularly sending McDonald’s security personnel to its restaurants to confirm franchises’ compliance with the company’s rules and regulations. Plaintiff used this information to show that McDonald’s Corporation, and not just the individual franchise, had a duty to ensure her security while on McDonald’s premises and the failure to do so was the basis for her Illinois premise liability claim.

February 12, 2010

Illinois Motorcycle Accident Result of Drunk Driving: Leads to Liability On Behalf Of Driver and Liquor Store Under Illinois Dram Shop Act

by Robert Kreisman

In an Illinois motorcycle accident, a case involving a drunk driver shows how both the drunk driver and bar or liquor store are equally responsible for the ensuing actions.

After drinking at two different bars for about three and a half hours the defendant, Donald Adcock, took Jerica Klocke for a ride on his motorcycle. As they approached an intersection, Adcock lost control of his bike and crashed. He died at the scene. Klocke suffered severe injuries from which she died about 13 hours after the Illinois motorcylce crash. She survived by her parents and three brothers. She was 19 at the time of her death and was working as a medical receptionist with plans to go to college.

According to the Illinois Department of Transportation, “Approximately three out of ten Americans will be involved in an alcohol-related Illinois traffic accident in their lifetime.” While it is generally assumed it is wholly the fault of the drunk driver for an accident that may occur, this is not the case.

February 10, 2010

Illinois Truck Accident Disables Chicago Brick Layer – Settlement Reached

by Robert Kreisman

A Chicago area brick layer settled his Cook County personal injury case with a semi-truck driver after his vehicle was struck by the defendant. It was alleged that the Cook County trucking accident occurred when defendant improperly took a left turn in front of the plaintiff’s vehicle when the defendant truck driver’s vision was obscured by the weather conditions and the way the roadway curved.

The plaintiff suffered an acetabular fracture in the Cook County truck accident. The acetabulum is the socket part of the pelvic bone that connects the femur to the rest of the pelvis.

Recovery of such an injury can be long and difficult. Patients are often required to keep weight off their hip for up to three months. Long-term effects are also not uncommon. Patients commonly suffer from hip arthritis, and even need hip replacements later in their lives.

The plaintiff is now disabled and unable to return to his usual work. The Chicago trucking accident case was settled on the plaintiff’s behalf for $2 million.

February 8, 2010

Chicago Law School Hosts Panel Discussion on Attorneys’ Stories About Guantanamo

by Robert Kreisman

Last week a group of Chicago law organizations presented a forum on the experiences of pro bono legal counsel working with the detainees at Guantanamo Bay, Cuba. The forum was organized and sponsored by the Chicago Lawyer Chapter of the American Constitution Society, the John Marshall Law School Student Chapter of ACS, the American Civil Liberty Union of Illinois and the Chicago Council of Lawyers.

The forum took its inspiration from a new book entitled The Guantanamo Lawyers: Inside of Prison Outside the Law, which features a collection of narratives from roughly 100 lawyers.

The authors of The Guantanamo Lawyers stated that as many as 86% of the detainees were “bought” prisoners. This refers to the exchange of cash that individuals received for bringing “battlefield prisoners” to the U.S., an option that was popularized by leaflets distributed in Afghanistan following the September 11, 2001 attacks. However, in reality many of these “battlefield prisoners” are in fact were individuals from all walks of life who were exchanged for cash under the false premise that they were enemy combatants.

February 5, 2010

Toyota Recalls Reaches New High As Models Expand to Include Prius and Other Hybrids

by Robert Kreisman

Toyota recently announced another recall in the long line of Toyota recalls instituted since Toyota’s September 2009 recalls. In the past year around 8 million Toyota vehicles have been recalled and now over 400,000 of their hybrid vehicles, including the high selling Prius, have been recalled.

The unusually large number of recalls due to potential product defects have caught the attention of the top safety officials at the U.S. Department of Transportation. Transportation Secretary Ray LaHood and other top auto safety officials have made requests for information from Toyota since November, but the manufacturer has yet to comply with the requests.

It has been suggested by a senior American Transportation official that executives at Toyota were “dragging things out” and that the U.S. officials have had it with the automaker’s lack of corporation regarding its auto product defects. The official goes on to state that they “were getting excuses [from Toyota] that didn’t make sense anymore.”

February 3, 2010

Illinois Medical Malpractice Jury Award Limits Struck Down By Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital

by Robert Kreisman

After almost three years of legal battles, the Illinois Supreme Court came to a decision on whether economic limits should be placed on Illinois medical malpractice lawsuits. In Lebron v. Gottlieb Memorial Hospital, the Illinois high court upheld a Cook County Circuit Court ruling that the Illinois law on medical malpractice non-economic damage caps violate the Illinois Constitution’s “separation of powers” clause.

This decision essentially states that the Illinois legislators interfered with a jury’s right to determine the amount of economic damages in Illinois medical malpractice lawsuits. The recent Lebron decision marks the third time that the Illinois Supreme Court struck down unconstitutional limits on medical malpractice awards, having done so with similar law in both 1976 and 1997.

The underlying lawsuit, Lebron v. Gottlieb Memorial Hospital, stems from a 2006 Illinois birth injury lawsuit filed by the family of a girl who suffered severe brain damage during her delivery at Gottlieb Memorial Hospital in Melrose Park, Illinois.

February 1, 2010

Cook County Medical Negligence Results From Poor Post-Surgical Care: Plaintiff Prevails at Trial

by Robert Kreisman

Any surgical procedure inherently carries certain risks, so it is not necessarily uncommon for patients to experience post-surgical side effects. However, when those side effects are not treated properly, this type of surgical medical negligence can result in complications and poor results.

A recent Cook County medical malpractice verdict demonstrates the importance of a timely response to surgical complications in order to avoid Cook County medical negligence, Lovell v. Sarah Bush Lincoln Health Center, No. 4-09-0249. The facts of the case involve a Cook County resident with prostate cancer who underwent a radical retropubic prostatectomy at a local Illinois hospital.

Following the surgical procedure, the patient complained of a “bloated, constipated feeling” four days after surgery. His family physician ordered a tap-water enema to try and relieve the bloating feeling. Soon after, the urologist whom performed the original surgery resolved that the plaintiff had a fistula that had been caused by the enema. A fistula is essentially an opening that develops between two organs or vessels that do not normally connect.

January 29, 2010

Cook County Assessor Candidate Forum Hosted By Union League Club of Chicago

by Robert Kreisman

Yesterday the Union League Club of Chicago’s Public Affairs Committee, through its external relations subcommittee chair, Chicago attorney Robert Kreisman, hosted the Cook County Assessor Forum Candidate in conjunction with the Henry George School of Social Science. The candidates included Raymond Figueroa, Democrat; Robert Shaw, Democrat; Robert Grota, Green; and Sharon Strobeck-Eckersall, Republican. The other democratic party candidate, Joseph Berrios, chose not to attend the forum.

The event was hosted by moderator Andy Shaw, Executive Director of the Better Government Association. Mr. Shaw, an award-winning Chicago journalist, spent 35 years covering politics, business, education and the day-to-day news of the City’s news bureau.

Each candidate was given several minutes to state his or her position, credentials, experience and why they wanted the post of Cook County Assessor. In addition, Andy Shaw asked the candidates several questions, which were taken around the room.

January 25, 2010

Radiation Therapy Treatment for Cancer Patients at All-Time High

by Robert Kreisman

For many years, radiation therapy has been considered one of the standard treatments given for cancer patients with more than half of all cancer patients receiving some type of radiation therapy. And while radiation does help save many lives, it also presents serious risks for patients and may cause life-threatening injuries or result in potential Illinois medical malpractice.

Therefore, when radiation is used, safety rules must be strictly adhered to because sometimes even the most powerful and technicologically complex machines go awry. And while new technology allows doctors to more accurately attack tumors and reduce certain mistakes, its complexity has created new possibiliities for error through software flaws, faulty programming, poor safety procedures or inadequate staffing and training. When those errors and medical negligence do occur they can be devastating.

Hospitals and doctors trust computer systems and software to apply radiation in many cancer victims. However, there is no single agency that oversees medical radiation and no central clearing house of cases. Furthermore, radiation accidents are chronically underreported, and some states, including Illinois, radiation accidents are not required to be reported at all.

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