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Articles Posted in Evidence

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Chemical Exposure Injury Case Dismissed for Failure to Disclose Expert Witness

The 7th Circuit U.S. Court of Appeals in Chicago has affirmed a lower court decision by a federal judge dismissing Gregory Cripe’s lawsuit for exposure to chemical toxic fumes from Pur-Fect Lok 834A. This product is a glue made by the defendant, Henkel Corp. Cripe was exposed to the toxic…

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Illinois Appellate Court Reverses Dismissal of Mesothelioma Death Case Based on Direct Evidence of Exposure

The on-the-job exposure to asbestos experienced by Ronnie Startley occurred in Alabama. Startley was a drywall finisher. However, for 3 to 4 months in 1965, he worked on approximately 50 jobs in Chicago with his cousin, Walter Startley. The Startleys used several brands of drywall joint compound that contained asbestos.…

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Missouri Law Moves to Daubert Expert Witness Standard

Missouri’s HB 153 became law recently, supplanting the expert witness screening standard set out in the Federal Rules of Evidence 702, 703, 704 and 705. Missouri’s new expert witness standard  effectively submits expert testimony in most civil and criminal cases to the analysis set forth in Daubert v. Merrell Dow…

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Illinois Appellate Court Affirms Jury Verdict of $1.3 Million in Car Crash Over Causation Objections of Defendant

On July 28, 2008 Mai Leen Aguilar-Santos was injured in a car crash alleged to have been caused by the defendant, Helen Brine. On April 1, 2010 the lawsuit against Brine was filed by Mai Leen Aguilar-Santos seeking to recover damages for her injuries caused in the accident. Mai Leen…

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Illinois Appellate Court Finds that Restriction on Order Regarding Motion in Limine Does Not Prevent Other Party from Attempting to Enter Evidence for a Permitted Use

On Jan. 27, 2011, there was a multi-car crash on Interstate 294 in the Chicago suburbs. Kevin Boyd George drove his car into the rear of another car and that car was in turn pushed into a car driven by the plaintiff, John Larkin. Larkin’s car was pushed into the…

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U.S. Court of Appeals Affirms in Part Dismissal of Product Defect Case at Construction Site, Spoliation Claim

Matthew Schaefer’s employer, Brand Energy, was putting in place a scaffold at the Dynegy Power Plant. Brand Energy had complete control over the scaffold construction and had acquired the scaffold components from Universal Scaffolding & Equipment LLC. Dynegy paid for the scaffolding and owned it. Brand Energy workers had difficulty…

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Illinois Appellate Court Rules That Kotecki is Not an Affirmative Defense to a Contribution Action

The Illinois Supreme Court case of Kotecki v. Cyclops Welding, 146 Ill.2d 155 (1991) is the decision by the court that stands for the law that an employer may avoid contribution liability by waiving its lien under Section 5(b) of the Workers’ Compensation Act. This is in reference to the…

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U.S. District Court Finds That Nonworkers’ Exposure to Asbestos Was Within the Zone of Risk

There were eight cases, all involving claims by or on behalf of the estates of now deceased former workers of the defendant Weyerhaeuser Co. The former workers had claimed that their nonoccupational exposure to asbestos was the cause of their injuries and subsequent deaths. Weyerhaeuser operated a door manufacturing facility…

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Illinois Appellate Court Reverses Directed Verdict on Injured Parties’ Lost Profits and Lost Earning Capacity

Carol Keiser-Long’s claim for decreased earning capacity from an automobile accident she was involved in presented a question about her compensatory damages. She was never salaried or received dividends from her solely owned cattle-brokering business. The company, C-Bar, was set up as a separate entity, a C corporation. She was…

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Cook County Jury Verdict to Stand–So Says Illinois Appellate Court

Julie Sheridan injured her right shoulder, right knee, left arm and the back of her neck after she was involved in a three-car crash at the intersection of Ogden Avenue and River Drive in Lisle, Ill., in February 2010. After the crash, Sheridan refused an ambulance and did not receive…

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