A December 2017 binding arbitration awarded unpaid sales representative commissions, punitive damages and attorney’s fees against Chicago medical device distributor MioMed Orthopaedics Inc. The circuit court judge in the case confirmed judgment against the company in the amount of $91,654.21, plus costs. The judgment was entered after Kreisman Law Offices’…
Chicago Injury Lawyer Blog
Illinois Appellate Court Reverses, Concluding That Trial Judge Misapplied the Law Regarding Sole Proximate Cause
In a divided opinion by the Illinois Appellate Court, the majority viewed the case revolving “around a single question: Is the sole proximate cause theory and jury instruction available in a negligence action if a defendant argues more than one nonparty actor was the sole proximate cause of plaintiff’s injury?”…
Illinois Appellate Court Rules That a Party’s Failure to Seek a Contribution Action in the Underlying Lawsuit Would Be Barred from Later Filing
The First District Appellate Court affirmed a decision of a Cook County trial court. In 1999, Snake River Technology d/b/a Rocky Mountain Cryobanks, a Wyoming company, was purchased by the New England Cryogenics Center, a Massachusetts corporation that collects, stores and sells human sperm. The purchase included the sperm donor…
Illinois Appellate Court Decides that Contribution Claim Had to Be on Verdict Form
The Illinois Appellate Court found that there was a discrepancy in the meaning of “common liability” in Section 2(b) of the Illinois Joint Tortfeasor Contribution Act. The underlying case was when an Alex Express freightliner crashed into the car of Thomas and Diane Roberts. The Roberts family claimed $2 million…
$10.6 Million Jury Verdict for Wrongful Death of Pedestrian Struck by Truck in Crosswalk
Margarita Martinez was crossing a city street in a crosswalk when Robert Lane, driving a van for the defendant Premium Laundry Corp., began turning left into the intersection. The van hit Martinez, 79, and dragged her several car lengths. Martinez sustained multiple severe injuries, including fractures to her ribs, spine,…
$444,000 Jury Verdict for Injury to Pedestrian in Crosswalk
George Williams was on his way to an appointment when he entered a crosswalk in downtown Tacoma, Wash. He was in his 70s at the time of this incident. Unfortunately, he was hit by a car driven by the defendant Sammy Cubean, who was distracted while looking for something in…
U.S. Court of Appeals Affirms OSHA Citation for Violations of General Duty Clause for Death of Employee Exposed to Hazards
F&H Coatings LLC is a commercial and industrial painting contractor that contracted with Boardman LLC, a manufacturer of steel pressure vessels and tanks. F&H was contracted to sandblast and paint a number of vessels at Boardman’s manufacturing facility. During the contract work, a fatal incident at the Boardman facility killed…
$6 Million Jury Verdict for the Catastrophic Injuries to Highway Repair Worker
Carl McNeill, an inspector for the South Carolina Department of Transportation, was standing in a designated work zone overseeing repairs to an interstate highway. Dewayne Marshall, an employee of Marketing Associates Inc., who was also working at the site, backed a truck up a ramp and struck McNeill, running over…
U.S. Court of Appeals Affirms Dismissal of Pharmaceutical Defect Lawsuit as Plaintiff’s Expert Witness is Excluded
The United States Court of Appeals for the Seventh Circuit in Chicago has affirmed the grant of defendant’s motion for summary judgment in the plaintiff’s lawsuit that alleged that the product Testim, which was manufactured by Auxilium Pharmaceuticals as a topical gel containing testosterone, caused the plaintiff, Isaac Owens, to…
$24.26 Million Jury Verdict for Bystander Exposure to Asbestos
In 1959 George Lucas started working as a longshore laborer and clerk at various San Francisco Bay-area piers where ships were loaded and unloaded with cargo. Reportedly during his breaks, he would venture into the ship’s engine rooms to stay warm. Often, employees of shipyard contractor Triple A Machine Shop…