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Articles Posted in Wrongful Death

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$8.6 Million Punitive Damages Verdict Stands after Review by State Supreme Court

The Pennsylvania State Supreme Court has dismissed appeals by Wyeth Pharmaceuticals in its attempt to reverse a jury verdict of $8.6 million, which included a very sizable sum for punitive damages. A lawsuit originated in a claim against Wyeth as to its menopause drug, Prempro, which has been associated with women…

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$15.26 Million Jury Verdict for Brain Damaged Patient Caused by Negligent Removal of Tracheostomy Tube

Following an automobile accident, Cody Wade, 17, was hospitalized. The injuries he suffered in the car crash led the hospital’s staff to place a tracheostomy tube to help with Cody’s breathing. A tracheostomy is a surgical procedure in which a doctor creates an opening through the neck to the patient’s windpipe or…

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Large Truck Fatalities Are on the Rise

The Federal Motor Carrier Safety Administration (FMCSA) has published recent data showing that the number of large trucks (those weighing more than 10,000 lbs.) involved in deadly crashes has risen. In 2011, 3,608 trucks were involved in fatal crashes. The 2011 numbers are an increase of 3 percent from 2010 and a…

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Trial Court Must Exercise Caution in Granting a Motion for Directed Verdict on an Opening Statement

Sandy Parrish, the administrator of the estate of Karen Parrish, filed a wrongful-death and survival action against physician Michael Jones, D.O., and other medical providers. The suit stemmed from what was alleged to be the negligent care of Karen Parrish, resulting in her death.  On Dec. 30, 2004, Parrish was…

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Cook County Circuit Court Judges Clarify the Illinois Wrongful Death Act and the Illinois Survival Statute

Recently two Cook County Circuit Court judges, Judge Lynn M. Egan (Law Division) and Judge Mary Ellen Coghlan (Probate Division), developed an instructive PowerPoint program for Illinois lawyers, in an effort to clearly define the differences between wrongful death actions and survival actions in Illinois. In a wrongful death act…

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Motorcycle-Firefighter Killed After Being Cut Off by U-Turning Vehicle

Motorcyclists have a higher fatality rate than drivers of cars. This is due to many factors, but one is the fact that motorists frequently fail to notice motorcycles. In many accidents, the motorcyclist is not wearing a helmet. In some instances, motorcyclists are traveling at high rates of speed, and…

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Illinois Court Chooses Not to Widen Traveling Employee Theory in Death Case

The Illinois Appellate Court has affirmed a partial summary judgment order for a defendant in a head-on crash and death case.  This case arose out of a collision in which the car driven by Jeffrey Pister was struck head-on by an employee of the defendant, Matrix Service Industrial Contractors.  At…

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OSHA Fines Steel Manufacturer After Finding Two Dozen Safety Violations

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has fined Cold Drawn Inc., a St. Louis steel manufacturer, for $52,000 after finding more than two dozen safety violations. OSHA investigated a worker’s electrocution at the St. Louis Cold Drawn plant. Cold Drawn manufactures cold-finished steel bars at plants…

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U.S. Court of Appeals Reverses on Admissibility of Expert Testimony in Benzene Case

The U.S. Court of Appeals for the 7th Circuit in Chicago reversed a district court decision granting summary judgment where the court found that the expert testimony for the plaintiff was unreliable. Donald Schultz was a painter for American Motors Corp. from 1981 until 1989. Benzene was a substance in the paint…

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