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Chicago Injury Lawyer Blog

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Trial Court Must Exercise Caution in Granting a Motion for Directed Verdict on an Opening Statement

Sandy Parrish, the administrator of the estate of Karen Parrish, filed a wrongful-death and survival action against physician Michael Jones, D.O., and other medical providers. The suit stemmed from what was alleged to be the negligent care of Karen Parrish, resulting in her death.  On Dec. 30, 2004, Parrish was…

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Nursing Home Residents and Families Must Be Alert to Medications Given to Residents

Nursing home residents often develop pneumonia. Pneumonia is a common infection that is too often deadly in the elderly. Pneumonia is just one of the many medical ailments that afflict nursing home residents. Family practice physicians taking care of elderly residents often prescribe a variety of different medications with different dosages.  Administrations…

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Illinois Non-Competition Agreement is Not Valid and Enforceable if Employee is Fired or Resigns Within Two Years

Non-competition agreements are usually a part of an employment agreement that the company develops; employees have access to company secrets, trade secrets and customer lists, all of which can be detrimental if known by those outside the company, including competitors. It has long been the case that the traditional non-competition agreements…

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Chicago Leads the Way in Sustainability Policies on Climate Change

Over the last ten years, the City of Chicago has made inroads in reducing pollution in carbon emissions. According to a recent study, Chicago has used traditional planning and land-use authorities to become the North American leader in green building practices. Chicago has also aggressively been using its buying and convening power…

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U.S. Court of Appeals Vacates Summary Judgment as to Defective-Design Claim in Product Liability Lawsuit

Scott Weigle and John Moore, two mechanics, were working on a trailer from a semi-truck. Weigle and Moore had considerable experience as mechanics working at a trucking repair company. On July 31, 2009, Weigle and Moore were about to do a job to rebuild the braking system on a semi-truck trailer. …

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Illinois Allows Only One Voluntary Dismissal of a Lawsuit

The Illinois Appellate Court has affirmed a decision made by a Cook County Circuit Court judge regarding a twice-filed injury case. Michael Fiorito and Joseph Bellocchio were involved in a traffic collision on Oct. 19, 2001. Fiorito was injured and hired a lawyer to sue Bellocchio.  In August 2003, the attorney…

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Cook County Deck Railing Collapse Case Settles for $905,000

The plaintiff, Mark Zimmerman, 44, lived in a three-story building. The building came with a deck attached to an exterior stairwell. As Zimmerman was leaving for work, he bent over to pick something up while holding on to the deck railing. The railing collapsed.  Zimmerman fell three stories to the ground, fracturing his…

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Cook County Circuit Court Judges Clarify the Illinois Wrongful Death Act and the Illinois Survival Statute

Recently two Cook County Circuit Court judges, Judge Lynn M. Egan (Law Division) and Judge Mary Ellen Coghlan (Probate Division), developed an instructive PowerPoint program for Illinois lawyers, in an effort to clearly define the differences between wrongful death actions and survival actions in Illinois. In a wrongful death act…

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Illinois Law and the Expert’s Role in Testifying: “Reasonable Certainty” and “More Probably True”

For as long as I have been practicing law, now 37 years, the question an expert must always be asked is whether his or her opinion is to a reasonable degree of certainty. Once that question is answered in the affirmative, the burden for the offering expert is whether the opinion…

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Illinois Appellate Court Affirms Choice of Forum in Product Defect Case

Jack Taylor was a motocross enthusiast from the downstate Illinois town of Lewistown. Taylor replaced a tire for his motocross bike on July 9, 2009 with a new one he purchased from a store in Peoria, Ill.  On July 11, 2009, Taylor went to the Sunset Ridge MX MotoCross Course in…

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