Justia Lawyer Rating for Robert D. Kreisman

by

A new law in Illinois prohibits employers from entering into noncompete contracts with employees who earn $13 per hour or less. The Illinois Freedom to Work Act (Public Act 099-0860) became effective on Jan. 1, 2017. The law makes it illegal for an Illinois employer to enter into a “covenant not to compete” contract with any of its “low-wage employees.”

The term “covenant not to compete” is defined to extend to any agreement restricting a covered employee from the following:

  • Working for another employer for a specified period of time.
  • Working in a specified geographic area.
  • Performing other “similar” work for another employer.

Any contract with a “low-wage employee” who contains any covenant not to compete is “illegal and void.” The act is limited to agreements entered into after the effective date of Jan. 1, 2017. The act comes out of the movement to curb employers from locking lower-level employees into unfair noncompeting contracts.

Continue reading

by

Donald Etherton was injured in a rear-end car crash. The other driver’s insurer settled with Etherton for $250,000, which was the insurance policy limits. Etherton entered a claim to Owners Insurance Co., his underinsured motorist coverage insurer, which had limits of $1 million. He requested that the company pay up to $750,000, which was the remainder of his insurance policy limit. Etherton’s vehicle had only minor damage, but Etherton underwent three back surgeries to repair disk damage to his spine.

Between July and December of 2009, he communicated frequently with Owners. Owners repeatedly indicated it needed additional information to assess his claim. On Dec. 30, 2009, Owners offered to settle the underinsured motorist claim for $150,000. Etherton asked Owners to explain the basis for the low offer. Owners responded that “our $150k offer is based on the documentation you have provided to date . . . We note serious questions of causation of Mr. Etherton’s injuries . . .”  Many other additional communications between Etherton and Owners failed to resolve the matter. Etherton filed this lawsuit in March 2010.

He first filed his lawsuit in the state of Colorado, which was removed to the Federal District Court. As the jury trial approached, Owners filed a motion in limine under Federal Rule of Evidence 702, seeking to exclude Dr. Joseph Ramos, Etherton’s causation expert. Owners argued that Dr. Ramos’s methodology was not reliable under Rule 702 and Daubert v. Merrill Dow Pharmaceuticals Inc., 509 U.S. 579 (1993). After a Federal Rule of Evidence 104(a) Daubert hearing, the presiding federal judge ruled from the bench and excluded Dr. Ramos’s testimony, concluding his methodology was not reliable. Shortly thereafter, Etherton moved for reconsideration wherein the presiding judge recused herself from the case, and the case was reassigned to another judge who granted Etherton’s motion to reconsider. Based upon his review of the Daubert hearing transcript, the new judge concluded Dr. Ramos’s methodology was reliable and he therefore could testify.

Continue reading

by

Dean Wilcox fell 50 feet through an open catwalk hatch onto a concrete floor. Having sustained severe injuries, he sued the on-site safety planner, Steven Basehore, for negligent planning causing the fall; Wilcox also named the safety planner’s employer, Bartlett Services Inc., and an intermediary company, ELR Consulting Inc. (ELR), in respondeat superior. ELR was one of the many contractors involved in the cleanup project.

The work being done at the  site was to dismantle a nuclear weaponry facility that measured more than 586 square miles.

Before trial, the court granted ELR judgment as a matter of law. At trial, the court instructed the jury on the borrowed servant doctrine, an extension of respondeat superior. Wilcox appealed both decisions. The Washington State Court of Appeals affirmed.

Continue reading

by

Christopher Wardwell was employed by the defendant, Union Pacific Railroad Co., as a switchman and conductor. On Aug. 9, 2008, Wardwell was riding in a railroad van, going from a railway yard to a train in East St. Louis, Ill., driven by the railroad’s agent, Regina Goodwin.

The van was rear-ended by Erin Behnken’s vehicle. Wardwell suffered a severe back injury and can no longer perform his duties at work. He is now employed by the railroad as a security guard at significantly reduced wages.

Wardwell filed suit under the Federal Employers’ Liability Act (FELA), 45 U.S.C. 51, alleging that Goodwin had negligently cut in front of Behnken’s vehicle and that Goodwin’s negligence caused the accident.

Continue reading

by

Joann Wallseck, 77, was a passenger in a car being driven by John Wallseck on Feb. 10, 2014.  John Wallseck made a left turn on River Road and Camp McDonald Road in Mount Prospect, Ill., when their vehicle collided with the oncoming car driven by the defendant, James D. Murges, who was heading straight through the intersection.

Joann Wallseck suffered a traumatic brain injury, fractured right pelvis, fractured right clavicle, fractured right scapula and five broken ribs during the collision.  The defendant, Murges, claimed that he had a solid green light and denied liability. The defense for Murges also disputed Joann Wallseck’s claimed traumatic brain injury.

A third-party claim was made against John Wallseck by James Murges. The third-party defendant John Wallseck testified that he had a green turn arrow.

Continue reading

by

Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities.

Suppose a customer at an automotive repair company is injured while waiting to receive the person’s vehicle when the customer falls down a stairwell and is injured. The manager of the auto repair shop by rule prepares an incident report. The customer who was injured hires an attorney who now seeks a copy of that incident report, but the auto repair shop attorney claims that the report is privileged.

Illinois’ Rule of Evidence 801(d)(2)(A) is the operative law on why the auto repair shop must turn over the incident report.  Illinois Rule of Evidence 801(d)(2)(A) is an admission by a party opponent that states: “That the statement is offered against a party and is (A) the party’s own statement, in either an individual or a representative capacity.” IRE 801(d)(2)(A).

Continue reading

by

West Side Salvage had insurance coverage from RSUI Indemnity that included $12 million in liability insurance and a secondary level of $11 million in coverage. The underlying lawsuit involved the injuries to John Jentz and Robert Schmidt who were severely injured when a grain elevator exploded. ConAgra was the owner of the storage grain elevator and hired West Side Salvage to eliminate explosive hazards. When Jentz and Schmidt sued ConAgra and West Side, ConAgra sued the independent contractor.

During trial, it seemed that the defense witnesses were ineffective. There was a “scramble” to settle the case.

“It is clear from the record that every attorney who worked on this case thought at one time or another that there should have been a way to settle the case,” wrote Chief U.S. District Court Judge Michael J. Reagan. “Emails and letters during the trial showed the insistence of various parties on finding a way to settle, and the deposition testimony and declarations of lawyers reflect almost a sense of remorse that settlement never was achieved in the underlying litigation.”

Continue reading

by

On Jan. 27, 2011, there was a multi-car crash on Interstate 294 in the Chicago suburbs. Kevin Boyd George drove his car into the rear of another car and that car was in turn pushed into a car driven by the plaintiff, John Larkin.

Larkin’s car was pushed into the car in front of him. He filed a lawsuit on March 1, 2012 claiming that he suffered “numerous injuries” due to the negligent driving by the defendant, Kevin Boyd George.

At the scene of the crash, Larkin did not report any injury, but on the following day he did go to an urgent care center reporting pain in his left ankle. Larkin ultimately had to undergo two orthopedic procedures to correct the pain and reported continuing pain, which prevented him from participating in family and recreational activities that included golf and basketball, which he claimed to have participated in regularly.

Continue reading

by

Gabriel Pablo was riding his bicycle westbound on 26th Street and traveling in the designated bike lane near St. Louis Avenue when a city of Chicago employee, Harry Sanders, opened the door of his parked car into the bike lane. Pablo and his bike collided with the opened door. This incident took place on July 24, 2013.

Pablo, 38, was transported by ambulance to Mount Sinai Hospital in Chicago with injuries to his head, back, left arm and left shoulder. He was diagnosed with partial tears of the labrum and rotator cuff in his shoulder, eventually requiring arthroscopic repair surgery, which left four surgical scars. Pablo argued that he still suffers ongoing pain and limitations in his left shoulder and back.

He produced $112,287 in medical expenses. Sanders was ticketed and pled guilty to failure to yield. The court records indicate that Sanders was dismissed from the case shortly before the start of this jury trial.

Continue reading

by

Cornell Smith, 38, was driving on a highway when he stopped for the traffic ahead. Traffic was backed up from an off-ramp exit. While he was sitting in his stopped SUV, he was rear-ended by Ross Keys, who was driving a cargo van for Tri-Cal Distributors LLC.  On impact, Smith was wearing a seatbelt, but he was thrown upward in his seat and struck his head on the roof of his SUV. He felt immediate head and neck pain. Smith was transported to the nearest hospital. He was diagnosed there with a concussion and cervical sprain.

In the months following the crash, Smith developed chronic headaches, neck and mid-back pain and numbness and tingling in his fingers. The radiology imaging revealed cervical disk and facet damage, including an indentation of the ventral cord at C5-7.

He underwent conservative treatment and medication, but the pain interfered with his ability to perform his job as a police officer.

Continue reading