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Chicago Injury Lawyer Blog

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Cell Phone Deaths on Illinois and U.S. Roads and Highways are Rising Rapidly

Each year, 3,000 people on average die and 450,000 are injured in motor vehicle accidents involving distracted drivers. Ten percent of all drivers who are 15 to 19 years of age involved in fatal crashes were distracted when the car, truck or motorcycle crash occurred. The significant safety problem of…

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Illinois Appellate Court Affirms Jury Verdict of $1.3 Million in Car Crash Over Causation Objections of Defendant

On July 28, 2008 Mai Leen Aguilar-Santos was injured in a car crash alleged to have been caused by the defendant, Helen Brine. On April 1, 2010 the lawsuit against Brine was filed by Mai Leen Aguilar-Santos seeking to recover damages for her injuries caused in the accident. Mai Leen…

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Illinois Freedom to Work Act Makes Some Noncompete Contracts Illegal

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…

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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…

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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),…

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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…

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$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,…

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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…

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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…

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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…

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