Clanton Pitchford, a truck driver, was in Tucson, Ariz., in 2006 and spent a night in his semi-trailer truck parked at a truck stop. The accident that caused this lawsuit was the collision with the rear end of Pitchford’s truck and a Knight Transportation truck traveling at about 5 mph.…
Chicago Injury Lawyer Blog
U.S. Court of Appeals Upholds Non-economic Damage Limits in Lawsuit; Learmonth v. Sears
Lisa Learmonth filed suit against Sears in a case that was litigated in the federal court in the Southern District of Mississippi. Learmonth was injured in 2005 in a car accident with a Sears employee. She was seriously injured and filed suit against Sears for her damages. A jury in…
1.16 Million Jury Verdict For Rollover Car Accident that Followed Rear-End Truck Crash; Daft v. Jefferson Trucking Company, et al.
In June 2009, two trucks on westbound Interstate 80 crashed near or on the right shoulder of the highway. The driver of a second tractor trailer for Jefferson Trucking Co., also on westbound 80, crashed into the rear end of the stopped truck operated by Randolph Ferguson, who was driving for…
Summary Judgment Granted in Case Where Missing Element of Cause of Action; Lohmeier v. ABM Lakeside, Inc.
The Illinois Appellate Court has affirmed a decision by a Cook County Circuit Court judge regarding the plaintiff’s failure to offer evidence to satisfy an element of a cause of action. In that respect, the trial judge entered summary judgment, which has now been affirmed by the higher court. In…
Truckers Seek to Increase Truck Weight Limit to 97,000 Pounds
In 1991, the nation’s highways limited the weight of trucks at 80,000 pounds. That has been the law ever since. But there is now an effort under way by the trucking industry to increase that weight limit for trucks to 97,000 pounds. The additional weight limit may cause a safety…
Wills Not Admitted to Probate Without Attestation Clause; In re Estate of Jozef Opiela, deceased v. Donald Opiela
The Illinois Appellate Court has affirmed a decision by a Cook County probate judge regarding the admission of a will. Jozef Opiela died in January 1975. He purportedly left a will dated March 1972, as well as a codicil to the will that was dated August 1972. Under the terms…
4.16 Million Jury Verdict in Work Injury Fall; Jaeger v. City of Elmhurst
In a record setting jury verdict, $4.16 million, Joshua Jaeger, age 26, was severely injured when he fell 16 feet from a forklift and personnel platform. Mr. Jaeger was a garage door serviceman who went to the Public Works garage for the City of Elmhurst to give an estimate for…
Dismissal of Construction Site Case Reversed by Court of Appeals; Sojka v. Bovis Lend Lease
Christopher Sojka was working as a carpenter on Chicago’s Trump Tower as it was under construction in 2008. While standing on the upper floors of the construction project, Sojka attempted to fix a steel cable when the wind knocked him back and a piece of metal struck him in the…
Illinois Appellate Court Affirms Dismissal of Injury Lawsuit for Heir on Summons; Emrickson v. Morfin
The lawsuit brought by Patricia Emrickson against Fernando Morfin was dismissed with prejudice because Ms. Emrickson’s attorney relied on an online search service that had inaccurate information about the current address for the defendant, Mr. Morfin. Under Illinois Supreme Court Rule 103(b), a suing plaintiff has a duty to use…
Patient Suffers Cardiac Arrest Two Hours After Visit to Doctor; Jury Finds for Patient
The standard cliché is that hindsight is always 20-20, but sometimes that old cliché proves true. Such is the case in the medical malpractice suit involving a man who went to his doctor complaining of indigestion. He was sent home with a prescription for an antacid medication, when he should…