On June 23, 2009, Ramon Ortiz was driving northbound on Sacramento Boulevard and stopped at a red light at the intersection of Chicago Avenue in Chicago, Ill. When the light turned green, he started into the intersection and his car was hit by the defendant’s car. Richard Sakre was driving…
Articles Posted in Jury Instructions
Injury to Illinois Shopper When Employee Knocks Merchandise Off the Shelf Results in $150,000 Jury Verdict
Patricia DeBoo, 61, was shopping at Menard’s when she was struck in the head by a bathroom vanity that was inadvertently pushed off a high shelf by a Menard’s employee. The worker was operating a forklift in an adjacent aisle and attempting to bring down some merchandise from the high…
Bicyclist Injured at Intersection Gains Jury Verdict
On Jan. 26, 2011, 23-year-old Jerry Oswalt was riding his bike from one dog walking customer’s home to another, riding southbound on Sacramento Avenue near its intersection with Logan Boulevard. Oswalt claimed that he entered the intersection on a green light but was hit at the bike’s rear tire by…
Illinois Appellate Court Rules Reversible Error Occurred When Trial Judge Failed to Deliver Complete Jury Instructions
In February 2009, Valerie Mobley’s Subaru developed transmission problems. Mobley found Best Transmissions, which acted as a broker and referred auto repair jobs to various repair shops. Mobley called the number listed on the website that she found and spoke to a salesman who told her that a neighborhood shop…
Illinois Appellate Court Affirms $1.5 Million Verdict for Injured Roofing Worker Over Protest About Jury Instructions
A Cook County jury returned a verdict for $1.5 million for Teodoro Ramirez, who was injured while moving roofing materials above a warehouse. The defendant construction company, FCL Builders Inc., requested on appeal from that verdict that the appellate court grant a new trial. FCL argued that the Cook County circuit court…
Jury Finds for Defendants Where Court Refuses Jury Instruction on Negligence
On Dec. 1, 2008, Sarah Conway, Kathleen O’Toole and Mary Heidkamp were passengers in Joan Steenveld’s car when it was broadsided by the defendant, Lynnard McCullough, who was driving a tractor-trailer. All but Steenveld perished in the crash. Both of the vehicles skidded off a snowy, icy road. Steenveld’s southbound…
Illinois Jury Verdict Upheld Even Though Trial Judge Erred; Ramirez v. FCL Builders
Teodoro Ramirez was injured while working for his employer and subcontractor, Sullivan Roofing. The case was tried before a jury in Cook County against the general contractor on the project, FCL Builders. At the end of the trial, the trial judge included Sullivan Roofing on the jury verdict form for apportioning fault…
Illinois Law and the Expert’s Role in Testifying: “Reasonable Certainty” and “More Probably True”
For as long as I have been practicing law, now 37 years, the question an expert must always be asked is whether his or her opinion is to a reasonable degree of certainty. Once that question is answered in the affirmative, the burden for the offering expert is whether the opinion…
Illinois Appellate Court Affirms Trial Judge’s Refusal to Submit Special Interrogatory to Jury; Goranowski v. Northeast Illinois Regional Commuter RR
Clarence Goranowski filed a lawsuit against Metra under the Federal Employers’ Liability Act (FELA) alleging that he was injured while reinstalling the door on the railcar’s bathroom without assistance. In his suit, he also stated that the railroad was negligent in choosing not to provide a reasonably safe work environment…