The ruling has been upheld in the case of a woman whose estate was awarded $2.5 million after she died falling from a porch almost 14 years ago. The 1st District Illinois Appellate Court rejected the argument from the defendant Charlotte Klink that the lawsuit filed against the estate of…
Articles Posted in Premises Liability
Illinois Appellate Court Considers Product Liability Case Where Judgment Against Defendant is Uncollectible
The Illinois Appellate Court for the 1st District reversed and remanded a decision entered by a judge in the Circuit Court of Cook County. The issue on appeal was focused on a non-manufacturing defendant in a product-liability case. The defendant identified the manufacturer in order to be dismissed from strict…
$7.5 Million Jury Verdict for the Injured Man Trapped Under a Pallet of Watermelons
In July 2015, Henry Walker, a retired Army sergeant, was at a Wal-Mart store in Phenix City, Ala., when his foot got caught in a wooden pallet and he fell, fracturing his foot and hip. He was 59 years old at the time of this accident. He sought damages against…
Seriously Injured Worker Denied Relief Under Respondeat Superior
Dean Wilcox fell 50 feet through an open catwalk hatch onto a concrete floor. Having sustained severe injuries, he sued the on-site safety planner, Steven Basehore, for negligent planning causing the fall; Wilcox also named the safety planner’s employer, Bartlett Services Inc., and an intermediary company, ELR Consulting Inc. (ELR),…
$5.49 Million Jury Verdict in Injury to Home Health Aide at Hospital
Ana Espinal, 41, was a home health aide who was working in a New York City hospital. She was walking in a hospital hallway when she slipped and fell in a puddle of water that had leaked from an air conditioner in the ceiling. She suffered neck, back, left hip…
U.S. District Court Did Not Abuse Its Discretion in Awarding Sanctions in the Form of Attorney Fees and Costs for Discovery Violations
The 7th Circuit Court of Appeals in Chicago has affirmed a district court decision where sanctions were allowed in the form of attorney fees. The court of appeals stated that under Federal Rule 37, sanctions may include an order to pay the amount of reasonable expenses incurred in preparing the…
U.S. Court of Appeals Finds That Wrongful Death Case Belongs in Mexico — Not Illinois
Vanessa Noboa used Orbitz to book and pay for a room at the Barceló Los Cabos Palace Hotel on the Baja Peninsula of Mexico. She signed up for an all-terrain vehicle tour with Rancho Carisuva. During the tour, the all-terrain vehicle overturned and killed Noboa. Her family brought a lawsuit…
Illinois Appellate Court Affirms Relation Back Case
On Sept. 10, 2011, Stefan Zlatev was involved in a fight that started in an apartment building and spilled out to the street. During the fight, Zlatev was hit on the head with a brick. He suffered several broken bones to his face. The big issue in this case was…
Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant
On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July 16, 2012, just one day before the statute of limitations would have expired. The lawsuit named Ingram as the defendant.…
Illinois Appellate Court Finds That Release Document Does Not Shield Gym From Liability in Injury Case
The plaintiff Michael Hawkins signed a release when he purchased a gym membership from X-Sport Fitness, which is owned by Capital Fitness Inc. The release document did not expressly cover the unusual hazard of falling mirrors, which occurred at the Chicago facility when a 3-foot by 8-foot mirror fell from…