Theodus Williams was driving a fully loaded dump truck owned by Valvano Construction when he lost control of the vehicle on a two-lane highway. This caused a crash with another car, which in turn rear-ended an SUV in which Holly Ann Cuchwara was riding. After being rear-ended, the SUV hit…
Chicago Injury Lawyer Blog
Illinois Appellate Court Holds that Power to Inspect the Work of a Contractor is Not the Control Needed to Give Rise to a Duty to a Contractor’s Employees
In a case dealing with an accident at a construction work site, Samuel Escareno sought damages against Terra Cotta Commons Condominium Association and Kass Management Services for injuries he suffered. Terra Cotta Condominium was the owner of a condominium building that was managed by Kass Management. Kass hired Sherwin Painters…
Jury Enters Verdict for $468,000 in Worker Fall and Injuries at Construction Site
Robert Barnett, a homeowner, hired Dawson Construction LLC to do some home repair work. The work included climbing a ladder to get on the roof to make some repairs to it. Juan Garcia , a 43-year-old day laborer, was working for Dawson Construction at the time. Garcia was asked to…
A Contract Remains Valid Even if the Parties to the Contract Did Not Initial Alterations, But Signed Everything Else
The Illinois Appellate Court has reversed and remanded a decision by a Cook County Circuit Judge relating to a sale agreement for a condominium purchase. In November 2010, the Habitat Co., the Gautreaux Development Manager for the Chicago Housing Authority, signed a purchase and sale agreement with Tera Healy to…
$130,000 Cook County Jury Verdict for Injured Driver in Red Light, Broadside Crash
On Oct. 8, 2009, Kristin Gosell was driving northbound on the Willow Road exit ramp from Interstate 294 when the defendant, 42-year-old Hope Lerman, ran a red light on eastbound Willow Road and T-boned the driver’s side of Gosell’s car. Both cars were totaled in the high-speed crash. Gosell was…
Settled General Motors Ignition Defect Lawsuit May Come Back to be Reopened
Brooke Melton, 29, died allegedly because of the General Motors’ ignition switch flaw. Her case had been pending for a period of time when it was settled by General Motors in October 2013. The settlement was reached before General Motors was found to have been downplaying and otherwise concealing the…
US Court of Appeals Held That a Confidentiality Agreement Between Parties Who Settled Was Insufficient to Require the Court to Seal the Agreement
In a variety of cases that end in settlement, the parties often agree to make the settlement agreement confidential. When the parties agree separately that the terms of the settlement remain confidential, it’s a different story than the one in which the court is required or asked to seal the…
Illinois Appellate Court Finds that Witness Affidavit in Contradiction to Sworn Deposition Testimony Cannot be Used as a Basis to State a Claim
On Aug. 7, 2008, Frosini Xeniotis was evaluated by an oral surgeon, Dr. Cynthia Satko. One of Xeniotis’s baby teeth had never fallen out, and her adult tooth had grown in behind it. The result was just simply “not aesthetically pleasing” to Xeniotis. Xeniotis was referred to Dr. Satko by…
When an Omission to a Written or Final Judgment was Inconsequential, It Did Not Invalidate the Final Judgment’s Correction
Shuffle Tech made automatic card-shuffling equipment for the consumer market and particularly for casinos. In 2010, Shuffle Tech and Wolff Gaming, a distributor of the equipment, signed a letter of intent that expressed their mutual commitment to proceed with a draft agreement regarding product development and distribution. The agreement laid…
U.S. Court of Appeals for the 7th Circuit Has Affirmed Dismissal of Third Party Counterclaim Involved in an Electrocution Case
Gamesa Technology Corp. entered into a contract with Minnesota-based Outland Renewable Energy to provide maintenance for Gamesa’s wind turbines. Iberdrola Renewables Inc. runs the Gamesa-made turbines at the Cayuga Wind Farm located in Livingston County, Ill. While servicing a Cayuga turbine, one of Outland’s employees, Aaron McCoy, was electrocuted when…