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Articles Posted in Evidence

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State Supreme Court Reverses Trial Court’s Denial of Summary Judgment in Single Car Crash on Highway

In the early morning hours of April 19, 2010, Chantel Jobes was driving a vehicle alone and left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured and filed a lawsuit against the Norfolk Southern Railway Co., the…

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New Rules of Evidence Are Needed For Authenticating Digital Evidence

All evidence is required to meet the foundation requirement of admissibility, which would include relevancy, the best evidence rule and hearsay. Under the law, the courts require authentication because before a tangible object or writing can be admitted into evidence, it must be shown that it is in fact what…

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U.S. Court of Appeals Bars Injured Railroad Workers’ Medical Expert at Trial

Shannon Brown sued the Burlington Northern Santa Fe Railway Co. under the Federal Employers’ Liability Act, 45 U.S.C. Section 51, et seq. Brown started as a laborer and worked his way to foreman, track inspector and machine operator by 2009. In 2007, he was diagnosed with carpal tunnel syndrome in…

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Appeals Court Finds that Business Had No Actual or Constructive Notice of a Puddle before a Fall Injury

The U.S. Court of Appeals in Chicago has affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit against a Wal-Mart store for injuries suffered by Kristen Zuppardi. She went to the Wal-Mart store in Champaign, Ill., with her brother and her son…

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$1 Million Jury Verdict in Illinois T-Bone Crash, Causing Severe Neck Injury

On Nov. 25, 2008, Thomas J. Hagerman was driving westbound on Route 6 in Morris, Ill., when the defendant, Betty Leake, who was attempting to make a left turn onto Lisbon Street, chose not to yield the right-of-way. Instead, Leake turned directly in front of Hagerman’s truck, causing Hagerman to…

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U.S. District Court Finds That Worker’s Employer Liable for Spouse’s Contracting Mesothelioma from Washing Her Husband’s Work Clothes

In a case that has been labeled one of first impression, the wife of a victim of mesothelioma has prevailed after the defendant, Tennessee Valley Authority, moved to dismiss the case. The case was heard in the U.S. District Court for the Northern District of Alabama. Barbara Bobo brought this…

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Warning Flags are Raised Again Because New Chemical Stimulants Found in Workout, Weight-Loss and Brain-Function Products are Either Illegal or Carry Risks of Heart Attacks, Seizures and Neurological Injury

Several dietary supplements are being tested again in the United States and the Netherlands because of a new synthetic stimulant widely used in these products. The stimulant has been untested on humans. Federal regulators have taken no action, although the government has been urged by scientists to look closer. The…

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Architect Sued for Unsafe Retaining Wall Design; Jury Finds for Defendant

A nationally recognized art critic and historian, Gerald J. Nordlund, visited the Art Institute of Chicago at 111 S. Michigan Avenue on Sept. 5, 2009. He was 82 at the time. After leaving the Art Institute, Nordland stepped onto a retaining wall, which separated the sidewalk along Columbus Drive from…

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$5.66 Million Jury Verdict for Injured at Collapsed Self-Storage Unit

Stephen Wolkoff, 65, rented a self-storage unit from Sunshine Storage Inc. There was a loft storage unit above Wolkoff’s storage unit. The floor of the loft comprised the ceiling of Wolkoff’s storage unit. When Wolkoff was inside his unit, the ceiling above him collapsed crushing him beneath 3,000 pounds of…

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Illinois Appellate Court Reverses and Remands Case on Proximate Cause for Uncorrected Danger

Khalil Bell and his mother, Kimberly Street, lived in a Chicago area apartment. On March 10, 2008, the heat in their apartment was off. To warm the apartment, she turned on the stove and put pots of water on the burners to create steam. After the water had reached the…

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