Justia Lawyer Rating for Robert D. Kreisman

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This lawsuit was originally filed in Kane County, Ill., in the wrongful death and survival act claims by Lee Anne Wigdahl for the death of her husband, Eric Wigdahl. The case was challenged by the defendant, who claimed that it should have been removed to the federal court because the case posed a federal question.

The complaint that Wigdahl filed made UnitedHealthcare (UHC) as a party defendant for allegedly choosing not to tell her now- deceased husband to immediately go to the emergency room rather than steering him to a less expensive urgent care center when he called the health insurer, UHC from California. He was in serious distress while seeking help in locating an in-network referral under his group health plan.

UHC argued that federal question jurisdiction applied here requiring removal to federal court because: (1) Section 502(a) of ERISA authorizes a beneficiary to sue the administrator of a group plan if its employees withhold or misrepresent the plan’s benefits; and (2) Section 514 says ERISA “shall supersede any and all state laws insofar as they may now or hereafter relate to any employee benefit plan.”

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Daniel and Rachel Brenner purchased four works of art from Evelyn Statsinger in the 1950s and 1960s. The artworks were displayed in the Brenner home continuously through the time of Daniel’s death in 1977 and Rachel’s death in 1990. The Brenner children, Ariel and Jonathan Brenner, inherited the artwork.

When Jonathan died in 2010, he died without a will. His widow, Terry Brenner, was his sole heir.

The paintings were given back to Evelyn Statsinger in 1996. The transfer took place with Jonathan, Terry, their daughter, Statsinger and Statsinger’s husband being present.

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Scott Stevenson, 52, was driving his utility van on a busy interstate highway when his vehicle rear-ended a broken-down truck that had been stopped in the middle lane for fourteen minutes.

Stevenson died from the injuries he sustained in the impact of the vehicles. He had been a self-employed plumber earning about $120,000 per year. Stevenson was survived by his wife and adult daughter.

The Stevenson family sued the truck driver, Richard Delcore, and Simpson Group Inc., which leased the truck and employed Delcore.

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Janet Pulver, 66, was several yards away from an intersection when a vehicle driven by Bennett Dunbar crashed into Pulver’s car head-on.  Pulver suffered serious injuries, including traumatic brain injury, and died only 28 hours later. She had been retired but was taking care of her grandchildren everyday. She was survived by her two adult children and grandchildren.

Pulver’s family and estate sued Dunbar alleging that he was driving recklessly and traveling at almost 80 mph in a 40-mph zone at the time of the crash.

Dunbar lost control of his vehicle, which crossed the center line of the highway and hit Pulver’s car head-on. The report of this case inexplicably stated that defendant disputed the plaintiff’s damages claim.

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John Deatherage, 51, was on an elevator when it suddenly dropped and came to a violent stop.  Deatherage, who had two previous surgeries at L5-S1, suffered a spinal injury that required a fusion surgery at that level. He continues to experience back and spine problems.

He sued Schindler Elevator Corp., alleging that it chose not to maintain and repair the elevator. Deatherage maintained that Schindler had a contract with the casino’s owner, under which it was paid a flat fee for preventative maintenance at the casino but failed to determine why the elevator was malfunctioning so frequently.

Deatherage’s attorneys argued that Schindler’s mechanic never determined the cause of the problem and would not follow up. There was no claim by Deatherage for medical expenses or lost income.

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St. Louis City Circuit Court judge refused to grant Johnson & Johnson’s motions following the July 13, 2018 jury verdict of $4.7 billion against Johnson & Johnson for injuries suffered by 22 women. This verdict was the largest by far against Johnson & Johnson in cases against it brought by women who have claimed that ovarian cancer was caused by use of the baby powder. The St. Louis City Circuit Court Judge Rex Burlison concluded in his opinion that there was “substantial evidence” to support the $550 million in compensatory damages and that punitive damages that totaled more than $4 billion were constitutional.

Judge Burlison added: “First, substantial evidence was adduced at trial of particularly reprehensible conduct on the part of defendants (Johnson & Johnson and others), including that defendants knew of the presence of asbestos in products that they knowingly targeted for sale to mothers and babies, knew of the damage their products caused, and misrepresented the safety of these products for decades.” The judge also said, “Second, defendants’ actions caused significant physical harm and potential physical harm, including causing ovarian cancer in plaintiffs or plaintiffs’ decedents.”

Judge Burlison also noted that the Missouri Merchandising Practices Act was a law that also provided for potential penalties against Johnson & Johnson.

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In a pending appeal from a jury verdict in favor of defendants Capital Fitness Inc. and a personal trainer, the plaintiff Gabriela Sosa-Gaines appealed the verdict handed down by a DuPage County Circuit Court jury on Aug. 4, 2017 and entered by the trial court.

The principal basis for the appeal was that the trial court denied the plaintiff’s motion for summary judgment and refused to instruct the jury on assumption of risk, the risk that the plaintiff could never have imagined when signing the two exculpatory- laden agreements.

It was argued in the briefs and in oral argument, which took place on Dec. 14, 2018 at the Illinois Appellate Court, Second District in Elgin, Ill., that there was no genuine issue of disputed facts that the “mild adjustment” that herniated plaintiff’s disks at the thoracic spine level was not an activity covered by the exculpatory clauses found in the Capital Fitness/XSport Membership Agreement and the Physical Training Agreement. Both documents have broad exculpatory clauses that would make a claim for negligence against these defendants unsustainable should any one of the delineated activities injure the plaintiff.

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Reginald Bush a/k/a Reggie Bush, a former Heisman Trophy winner, had a successful professional football career and was named as starting running back for the San Francisco 49ers. While he was playing against the then St. Louis Rams at Edward Jones Dome in 2005, whose turf playing field was surrounded by a slippery concrete surface, Bush ran out of bounds while returning a punt and slid on the slippery surface, falling awkwardly. As the play ended, and while trying to slow down, Bush slipped on the concrete and suffered a left lateral meniscus tear.

Reggie Bush required surgery and extensive rehabilitation and did not return to play that season. Although Bush subsequently obtained a one-year contract with a different team, he was unable to play. He has not signed another professional football contract. Now he is 33 years old and still has problems with his left knee.

Bush sued the Los Angeles Rams LLC , alleging it was responsible for the St. Louis Rams LLC’s failure to warn of and fix a dangerous condition at the Edward Jones Dome.

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The defendant attorney appealed from a Circuit Court order that reduced his contingent fee for legal representation in a motor-vehicle settlement case. The order had been entered in McDonough County, Ill. The plaintiff, the injured party, William K. Kelso, deceased, by his wife and executor, cross-appealed, arguing that the defendant attorney was, at most, entitled to quantum meruit recovery of his attorney fees.

Sharon Kelso, the plaintiff, and her late husband, William Kelso, were involved in a car crash in Arizona in February 2011. He died as a result of the accident, and his wife was seriously injured. The incident was the fault of the other driver, Shauna Nowicki. Nowicki was underinsured, with limits of $15,000 per person and $30,000 per accident. The Kelsos had their own insurance policy with $1 million underinsured coverage through Auto Owners Insurance.

On March 21, 2011, Sharon signed a contingency contract retaining the services of the defendant Richard Beuke for her claim. She signed a second, virtually identical, contract on April 13, 2011, as William’s wife, to recover for William’s injuries. Beuke was a friend of the Kelsos’ son. Both contracts stated that Sharon was retaining Beuke to prosecute a claim or cause of action against Nowicki and/or others responsible for the Kelsos’ injuries (and his death) in the crash. The contract stated that Beuke and his law firm were being retained to “prosecute a claim or cause of action against Shauna L. Nowicki and Daniel Raymond Porth, and/or other persons or entities responsible for the injuries sustained by” Sharon Kelso (in the first contract) and William Kelso (the second contract).

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After a party, Vivence Bugilimfura drove seven of his friends home in his employer’s van. He had been drinking. He crashed the van into a concrete highway divider. All but one of the passengers who were in their early 20s were ejected from the van. Two of the passengers suffered fatal injuries, and the others’ injuries ranged from a bruised lung to multiple fractures. The medical expenses of those who survived ranged from approximately $26,300 to $496,100.

The lawsuit on behalf of the injured and deceased passengers alleged that Bugilimfura and his employer, All Citizens Transportation, were liable for the crash. The plaintiffs argued that All Citizens negligently entrusted the van to Bugilimfura, who had only recently received his driver’s license. The plaintiffs also maintained that Bugilimfura was driving while intoxicated. The lawsuit did not claim lost income.

The jury signed a verdict for the plaintiffs who were either injured or killed in the amount of approximately $15.4 million finding the defendants joint and severally liable. Essentially, the verdict means that All Citizens Transportation could pay the entire amount of the jury’s verdict.

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