Benjamin Faught rear-ended Luis Gavino’s car on southbound Interstate 94 in Deerfield, Ill., in the early morning hours of Oct. 3, 2009. The impact caused the plaintiff’s car to spin several times and crash into a cement median strip. Gavino, 57, sustained a posterior tibialis tendon tear, located on the…
The Seventh Circuit United States Court of Appeals has affirmed a decision by the district court judge regarding the burden of proof in a Federal Tort Claims Act (FTCA) case. Ronald Williams was a substitute U.S. Postal Service letter carrier who had parallel parked his truck to visit a friend. …
An Illinois truck accident case was reviewed by the Illinois Appellate Court to determine whether or not the trial court had erred in its delivery of jury instructions and whether the jury had awarded too much damages. However, after reviewing the case facts, the appellate court upheld the trial court…
The lawsuit brought by Patricia Emrickson against Fernando Morfin was dismissed with prejudice because Ms. Emrickson’s attorney relied on an online search service that had inaccurate information about the current address for the defendant, Mr. Morfin. Under Illinois Supreme Court Rule 103(b), a suing plaintiff has a duty to use…
In this case the parties fought over the insurance policies arising out of the wrongful death of Daniel Zacha, an employee of S&S Service Co. Mr. Zacha was driving a tractor-trailer owned by Coca-Cola Enterprises back to the S&S garage for repairs; in the process, he caused a head-on crash…
A recent Illinois Appellate Court decision provided additional clarification regarding the admissibility of photographic evidence. At issue was whether or not a judge had correctly allowed photographs taken at the scene of an accident to be admitted into evidence during a Cook County personal injury trial. The appellate court ruled…
In rear-end accidents, juries tend to find in favor of the front car that was rear-ended. However in the personal injury lawsuit of Evange Bozinis v. Bree MacArthur, 10 AR-708 (Lake County), the jury found in favor of the second car that rear-ended the front car. The car accident in…
Every day we get into cars with other drivers; however, we rarely think about the fact that we are entrusting our lives into those drivers. In the case of Cheri Razim, John Razim v. Steven R. Erickson, Zachary Stewart, 08 L 351 (Winnebago County), the plaintiff, Cheri Razim, sued the…
The Illinois Appellate Court reviewed the personal injury lawsuit of Anderson v. Anderson, 2011 Ill.App. (1st) 10034 (Sept. 30, 2011), to determine whether or not the trial judge had correctly ordered a new trial. After reviewing the case facts and the jury’s decision, the appellate court disagreed with the trial…
It is one of the first things you learn in driver’s ed and is repeated over and over again to new drivers: always keep your eyes on the road. However, this advice is useful not only for new drivers, but for experienced drivers, too. Take for instance the case of…