On Aug. 6, 2011, the car driven by Mi Suk Park rear-ended Patricia LaBeck’s car on Rand Road in Deer Park, Ill. The great force of the crash caused the Park airbags to deploy, caused LaBeck’s sunglasses to come off and prompted LaBeck’s daughter’s shoes and headband to come off.…
Chicago Injury Lawyer Blog
Zoo’s Immunity Order Reversed by Illinois Appellate Court
A lawsuit was filed against the Chicago Zoological Society, which operates Brookfield Zoo, on land owned by the Cook County Forest Preserve District. The case was filed by Kristine O’Toole for injuries that she suffered when she fell because of an alleged defect in the pavement. The defendant, the Chicago…
U.S. Court of Appeals Finds Confidentiality Agreement for Design and Production of a Tablet Computer Unenforceable
An industrial design firm, nClosures, produced metal cases for tablet computers, such as the iPad. Ian LeBlanc designed a case for nClosures in early 2011 called the Rhino Elite. In May 2011, the co-founders of nClosures attended a tradeshow in Chicago to showcase the Rhino Elite prototypes. At the tradeshow,…
Company’s Resistance to Produce Documents in Toxic Tort Case Was Determined to Be Not Privileged
In a case that involved thousands of toxic tort liability cases, the Illinois Appellate Court has ruled that an industrial manufacturer must turn over documents it alleged were privileged to a company indemnifying it. In March 1999, automotive systems manufacturer BorgWarner Inc. acquired Kuhlman Corp. and its subsidiaries, including Kuhlman…
$1 Million Jury Verdict in Illinois T-Bone Crash, Causing Severe Neck Injury
On Nov. 25, 2008, Thomas J. Hagerman was driving westbound on Route 6 in Morris, Ill., when the defendant, Betty Leake, who was attempting to make a left turn onto Lisbon Street, chose not to yield the right-of-way. Instead, Leake turned directly in front of Hagerman’s truck, causing Hagerman to…
U.S. District Court Considers Limits of Federal Rules on Work-Product Privilege
In a commodities fraud case, it was contended by the plaintiff, the Commodity Futures Trading Commission (CFTC), that previous versions of a defendant expert’s report should be produced and not be privileged because of communications between the lawyer and this expert witness. In 2010, the work-product privilege provided by Federal…
U.S. Court of Appeals Reverses District Court Decision on the Right to Sue and Enforces Arbitration Agreement
The U.S. Court of Appeals for the 7th Circuit in Chicago has reversed the decision of a U.S. District Court judge wherein an agreement between the parties, Hennessy Industries Inc. and National Union Fire Insurance Co. of Pittsburgh, required arbitration of any dispute that mandated an interpretation of the agreement.…
Illinois Appellate Court Clarifies Shareholder’s Right to Check Corporate Books and Records
The Illinois Business Corporation Act, Section 7.75, gives shareholders the right to inspect a company’s records, “but only for a proper purpose.” The Illinois Business Corporation Act was amended in 1984, requiring shareholders to make their demand in writing, “stating with particularity the records sought to be examined and the…
Illinois Appellate Court Allows Defendants to Answer Plaintiff’s Complaint After Start of Trial
The general rule in Illinois, under Section 2-610(b) of the Illinois Civil Procedure, “every allegation, except allegations of damages, not explicitly denied is admitted.” In this case, the defendant chose not to file an answer before the start of the trial. The question for the appellate court was: “Are the…
Illinois Appellate Court Determines Timeliness of Relation-Back Doctrine
On Aug. 2, 2005, Brandy Pirrello was a resident at Maryville Academy, a facility that houses and treats minors with behavioral problems. At the time, Brandy was 16 years old. She had been admitted to the facility in early 2005 and had been diagnosed with bipolar disorder and was at…