Justia Lawyer Rating for Robert D. Kreisman

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The Illinois Appellate Court has affirmed the decision by a Cook County associate judge who ordered the removal of the guardian of a disabled person.

On Feb. 24, 2009, Patricia Herard was adjudicated by the court to be disabled. Herard was diagnosed with “profound mental retardation and legal blindness.”  It was also reported that she has epilepsy, behavior reminiscent of autism and functioning “in the age ranges of 9 months to just fewer than 3 years.” Patricia’s mother was appointed her legal guardian.

An agreement was signed and delivered to the court between Herard’s parents, her guardian ad litem and the Bank of America.  The agreement required Herard’s parents to grant reasonable access to Herard for a court-appointed case manager, in this case, Rehab Assist Guardianship Services.  The reasonable access was intended to include both announced and unannounced visits.

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Ana Reyes was the owner of a motor vehicle and was the sole named insured.  She purchased auto insurance from American Access Casualty Co., and  the policy specifically said there would be no liability coverage for any accident in which she was operating a motor vehicle.

On Oct. 30, 2007, Reyes allegedly drove the Chrysler sedan she owned and hit two pedestrians, killing a 4-year-old boy and injuring his mother.

The Jasso family, who were the injured mother and fatally injured child, had uninsured motorist coverage with State Farm Insurance Co.  The question for the Illinois Supreme Court in this case was the dispute between American Access and State Farm as to whether public policy as established under §7-317(b)(2) of the Illinois Vehicle Code serves to block insurance companies from excluding coverage for a policy’s sole named insured. With Justice Thomas Kilbride dissenting, the Illinois Supreme Court concluded “an automobile liability insurance policy cannot exclude the sole named insured since such an exclusion conflicts with the plain language of Section 7-317(b)(2) and, therefore, violates public policy.”

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Leroy Walker Jr. was working as a flagman for Curran Contracting on May 1, 2008. He was directing traffic on Route 173 near Lorelei Drive in Zion, Ill.  Walker was standing in front of a construction site where a new Super Wal-Mart store was being built.

The defendant, Steven Kruglar, was driving westbound on Route 173 when Walker stopped traffic to allow construction vehicles to enter and exit the driveway to the construction site.

Walker alleged in his lawsuit that Kruglar accelerated without being given permission to proceed and attempted to go around a semi-truck turning into the entrance.  At that time, Kruglar’s vehicle struck Walker’s right wrist and arm.

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Adam Nowak was installing electrical equipment at an energy plant when a crane hook fell about 60 feet from an overhead crane, which struck and killed him. Mr. Nowak was an electrician working for Matrix Service Co., and he was installing electrical equipment at the Veolia Energy’s Schuylkill Steam Plant. 

The lawsuit for the wrongful death of Mr. Nowak was brought by his wife, Michele Nowak, and filed in the Philadelphia Court of Common Pleas. The defendants in the case included Veolia, which owned the crane, and Permadur Industries, which was contracted to do repairs and annual inspections of the crane. Another defendant in the case, Kenny Construction Co., was the contractor of Mr. Nowak’s employer. 

The lawsuit alleged that Veolia was negligent for choosing not to correctly maintain the crane’s limit switch, which was designed to prevent “two-blocking,” a design feature that is used when a crane hook is raised too high. In this case, when the crane hook was raised too high, the cable holding the hook snapped and the hook fell to the ground, killing Mr. Nowak. 

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A $41,418 jury verdict was entered by a DeKalb County, Ill., jury for Victoria Polastrini, who on Jan. 10, 2008 was stopped in a line of cars at a red light on southbound Sycamore Road (Route 23) at Dresser Road in DeKalb, Ill.  When she was stopped, her car was rear-ended by the defendant, Anthony Edds, who was using his cell phone at the time. 

Ms. Polastrini, 47 and a homemaker, suffered a neck strain, whiplash, left ulnar nerve injury that required nerve transposition surgery, cervical disc herniation with radiculopathy, and a left shoulder strain. She accumulated $44,461 in medical bills she claimed were related to her injuries.  The defendant, Edds, 23, admitted negligence.

Before trial, the demand to settle the case was $100,000.  The defendant offered $35,000 to settle. 

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Officials at the National Transportation Safety Board (NTSB) believe that U.S. truck and bus regulators are not catching on to serious safety hazards before fatal crashes occur.  The NTSB has stated that the Federal Motor Carrier Safety Administration (FMCSA) has known about deficiencies in bus company practices before some fatal crashes, but the agency took no steps to correct them.  The FMCSA has known about these deficiencies before the fatal accidents took place, but did not take any action to shut down carriers until afterward.  The NTSB chairman said in a statement that some of these cases are under investigation by the agency. 

The report said that there has been a long period of time — maybe years — that the FMCSA has chosen not to take action against some bus companies despite repeated safety citations. The report also reinforced the fact that the FMCSA did nothing to take some of the dangerous buses out of service and off the road. 

The chairman of the NTSB, Deborah Hersman, said in a statement that the Federal Motor Carrier Safety Administration needs to crack down before more deadly crashes occur, not just after high-visibility events.  Ms. Hersman also said that poor performing bus companies were on the FMCSA’s radar for safety violations, but they did not take any action and allowed these bus companies to continue operating.

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Every school day, children are loaded onto school buses around the country.  Most school districts contract with school bus companies and drivers to transport our children to their schools. 

If something goes terribly wrong and a child is injured in a school bus crash, you need someone to advocate and fight for your family’s rights. 

Negligence by a school bus driver or another motorist can cause school bus collisions.  It is known that school bus drivers can be distracted by cell phones and GPS devices, just as other motorists can.

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The National Transportation Safety Board (NTSB) has stated that U.S. truck and bus regulators are not taking steps to prevent serious safety hazards before fatal crashes.  The NTSB claims that the Federal Motor Carrier Safety Administration (FMCSA) has known about deficiencies in bus company practices before some fatal crashes but took no steps to correct them.  The government agency, FMCSA, has known about these deficiencies before the deadly fatal accidents, but did not take any action to shut down carriers until afterwards.  The National Transportation Safety Board chairman said in a statement that some are under investigation by the agency. 

The report said that there has been a long period of time, maybe years, that the FMCSA has chosen not to take action against some bus companies despite repeated safety citations.  The report also reinforced the fact that the FMCSA did nothing to take some of the buses off the road. 

The chairman of NTSB, Deborah Hersman, said in a statement that the Federal Motor Carrier Safety Administration needs to crack down before crashes occur, not just after high visibility events.  Ms. Hersman also stated that poorly performing bus companies were on the FMCSA’s radar for violations, but the federal regulators didn’t take any action and allowed these bus companies to continue operating.

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On Nov. 30, 2010, Matthew Boyle was driving southbound on Forest Preserve Drive when he made a left turn with a green arrow onto eastbound Irving Park Road in Chicago.  The defendant, 25-year-old Erica Rodriguez, ran the red light while traveling westbound on Irving Park and her car collided with the Boyle car in the intersection.

Boyle, 29, was knocked unconscious and suffered a forehead laceration, which required five stitches, neck and shoulder sprain and chronic low back pain as a result of the crash.  Boyle also claimed $2,700 for lost time from his job as a funeral director because of his injuries.

The Boyle car was destroyed in the crash.  Photos of the damage to the vehicles were allowed into evidence by the court to prove the force of the impact, which was hard.

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On Sept. 18, 2007, Kimberly Vinci entered Balmoral Nursing Home as a resident. Vinci was to receive general nursing and rehabilitation care.  Balmoral has 200 patients who are largely unsupervised. The Balmoral staff is often present and the exit doors are equipped with alarms, although there are no security guards or cameras inside the nursing home facility.

Balmoral residents are allowed to walk around the public areas unsupervised. 

Balmoral houses about 120 patients who are being treated for diagnosed mental illnesses.  The nursing home screens all incoming patients for any sign of violent tendencies.  Patients who have histories of heroin use, sex offenses, violence or suicidal behavior are refused admittance.

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