A new law in Illinois prohibits employers from entering into noncompete contracts with employees who earn $13 per hour or less. The Illinois Freedom to Work Act (Public Act 099-0860) became effective on Jan. 1, 2017. The law makes it illegal for an Illinois employer to enter into a “covenant…
Chicago Injury Lawyer Blog
U.S. Court of Appeals Affirms $2.25 Million Jury Verdict for Underinsured Motorist Coverage Claim and Breach of Contract
Donald Etherton was injured in a rear-end car crash. The other driver’s insurer settled with Etherton for $250,000, which was the insurance policy limits. Etherton entered a claim to Owners Insurance Co., his underinsured motorist coverage insurer, which had limits of $1 million. He requested that the company pay up…
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),…
Illinois Supreme Court Reverses Appellate Court Finding Railroad Worker Cannot Recover for Injuries Not Caused by Railroad
Christopher Wardwell was employed by the defendant, Union Pacific Railroad Co., as a switchman and conductor. On Aug. 9, 2008, Wardwell was riding in a railroad van, going from a railway yard to a train in East St. Louis, Ill., driven by the railroad’s agent, Regina Goodwin. The van was…
$689,000 Cook County Jury Verdict for Traumatic Brain Injury to Passenger in Intersection Crash
Joann Wallseck, 77, was a passenger in a car being driven by John Wallseck on Feb. 10, 2014. John Wallseck made a left turn on River Road and Camp McDonald Road in Mount Prospect, Ill., when their vehicle collided with the oncoming car driven by the defendant, James D. Murges,…
Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report
Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities. Suppose a customer at an automotive repair company is injured…
U.S. District Court Upholds Summary Judgment in Bad Faith Excess Insurance Claim
West Side Salvage had insurance coverage from RSUI Indemnity that included $12 million in liability insurance and a secondary level of $11 million in coverage. The underlying lawsuit involved the injuries to John Jentz and Robert Schmidt who were severely injured when a grain elevator exploded. ConAgra was the owner of…
Illinois Appellate Court Finds that Restriction on Order Regarding Motion in Limine Does Not Prevent Other Party from Attempting to Enter Evidence for a Permitted Use
On Jan. 27, 2011, there was a multi-car crash on Interstate 294 in the Chicago suburbs. Kevin Boyd George drove his car into the rear of another car and that car was in turn pushed into a car driven by the plaintiff, John Larkin. Larkin’s car was pushed into the…
$65,000 Cook County Jury Verdict for Bike Rider Doored by Parked City Worker
Gabriel Pablo was riding his bicycle westbound on 26th Street and traveling in the designated bike lane near St. Louis Avenue when a city of Chicago employee, Harry Sanders, opened the door of his parked car into the bike lane. Pablo and his bike collided with the opened door. This…
$6.99 Million Settlement Reached in Rear-End Crash Injuring Police Officer
Cornell Smith, 38, was driving on a highway when he stopped for the traffic ahead. Traffic was backed up from an off-ramp exit. While he was sitting in his stopped SUV, he was rear-ended by Ross Keys, who was driving a cargo van for Tri-Cal Distributors LLC. On impact, Smith…