Jia Huan Xu was crossing the street in a pedestrian crosswalk at a Brooklyn intersection when she was struck by a New York City Transit Authority bus. The bus was turning left from the opposite direction. She was just 15 years old at the time. The bus stopped while one…
Chicago Injury Lawyer Blog
U.S. District Court Denies Summary Judgment Brought by Employer in FMLA Termination, Retaliation Case
A U.S. District Court judge in Chicago has denied employer Marsh USA’s summary judgment motion on Count V on Juanda Lynn Jordan’s Family and Medical Leave Act (FMLA) complaint. The complaint alleged that Marsh USA violated the FMLA’s anti-retaliation provision for exercising her right to medical leave because it honestly…
Illinois Appellate Court Finds No Duty Owed to Third-Party When Waitress at Restaurant is Injured by Industrial Sized Roll of Toilet Paper That Struck Her on Head in Public Restroom
In a jury trial over a 3-day period in 2018, the jury returned the verdict in favor of the plaintiff, a restaurant waitress, Raona Pearson. The damages for her injuries were awarded against the defendant, Pilot Travel Centers LLC. Pilot filed a motion for judgment notwithstanding the verdict (JNOV), which…
$5.87 Million Jury Verdict for Neck Injury Caused by Negligence of Forklift Operator
Bahram Yahyavi was driving a Dodge Charger in the course of his employment with a car dealership when his vehicle was struck by a forklift driven by a then-employee of Capriati Construction Corp. The forklift’s forks penetrated the car’s front end from the passenger’s side, causing the front windshield to…
Illinois Supreme Court Rules That Metropolitan Water Reclamation District of Greater Chicago Was Not Entitled to Summary Judgment for Severe Injury to Contractor
The engineer who was in charge of supervising a construction project for the Metropolitan Water Reclamation District of Greater Chicago reportedly conceded he had not been aware of the hazardous condition that allegedly caused a 30-foot fall by a contractor’s employee. The question that attracted dueling amicus curiae briefs in…
$9 Million Settlement Reached for Traumatic Brain Injury and Other Injuries Suffered by Pedestrian Struck by Pizza Delivery Driver
Zachary Spencer, who had autism, was walking to his parents’ home one night on a street with no sidewalk. Michael Hornaday, a Papa John’s Pizza delivery driver, braked when he saw Spencer in front of him. However, the Hornaday car slid into Spencer, severely injuring him. Spencer, 24, suffered multiple…
$2.5 Million Grant from the MacArthur Foundation to Cook County for Criminal Justice
Cook County’s court system has received a $2.5 million grant from the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge, an initiative aimed to reduce the number of people in jail and address racial disparities in the criminal justice system. “Local jurisdictions are proving it possible for…
$14.58 Million Jury Verdict for Bicycle Rider’s Neck Fracture When Driver Negligently Turned Left at Intersection
Elijah Simone was riding his bicycle through an intersection when Bruce Jameson’s motor vehicle was turning left in front of him and struck him. Simone, 23, suffered a neck fracture at C6-7. The neck fracture required a fusion surgery. Simone’s medical expenses were more than $474,000. He was an assistant…
U.S. Court of Appeals Affirms Summary Judgment in Favor of Corporation Whose Driver of the Truck in a Rear-End Crash Was an Independent Contractor
Marina Kolchinsky and her mother, Lidia Kolchinsky, were severely injured in a car collision with a tractor-trailer in Illinois. They sued the truck driver and the two companies that contracted with him. The Kolchinskys filed in federal court based on diversity of citizenship. Illinois law controlled. The district court entered…
Illinois Appellate Court Affirms Summary Judgment in Favor of the Estate on Claimed Defendant by Dead Man’s Act
On Feb. 16, 2017, Kevin and Anita Crawford died in an automobile crash along with one of their children. The remaining two children were placed in the care of Anita’s parents. Anita’s father, Irwin Schmidt, was named the executor of their estate on April 10, 2017. On Aug. 4, 2017,…