Justia Lawyer Rating for Robert D. Kreisman

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A bill signed into law by Illinois Gov. Patrick J. Quinn permits the Illinois Secretary of State to retroactively invalidate a driver’s license if the minor had a citation for which a disposition had not been rendered when the license was issued. In other words, a permit driver, 18 years old or younger, who has a pending traffic ticket, will be unable to obtain an Illinois driver’s license. 

This new law is effective immediately. The House Bill 1009 was sponsored by Rep. John D’Amico and Sen. Martin Sandoval, both Chicago Democrats.

In addition, the new law allows prosecutors to request the court to invalidate a driver’s license if he or she caused death or serious injury while breaking traffic rules.

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This case was brought before a jury panel twice. These were the facts:  On Sept. 6, 2006, Michael Lynn was bicycling on the sidewalk facing eastbound on the southwest corner of 33rd Street and Wentworth Avenue in Chicago when he was struck by the defendant’s car driven by James Miller. Miller had been driving southbound on Wentworth with a green light when he swerved to avoid another bicyclist who ran a red light on westbound 33rd Street.  This caused Miller to lose control, jump the curb and hit a tree.

Lynn, 21, who was entirely without fault, sustained a closed head injury, loss of consciousness, traumatic brain injury, four-part comminuted fracture of the left shoulder which was unoperated and bruises.

Lynn was taken by ambulance to Stroger Hospital in Chicago, where he suffered respiratory arrest, was intubated and was sedated in a four-day induced coma. 

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A federal court jury entered a $393,750 verdict for the plaintiff, Carmen Santillan, 47, who was driving her SUV westbound on Interstate 90 in Chicago when her car was rear-ended by a semi-tractor-trailer driven by the defendant, Daniel Ducharme.  Ducharme was employed by Martin’s Bulk Milk Service, Inc. The crash, on July 11, 2008, was with great force in that the impact bent the rear frame of Santillan’s SUV and pushed the SUV ahead. 

Carmen was taken to Lutheran General Hospital, where she remained hospitalized for four days with knee, back and neck pain. She was later diagnosed with a herniated L5-S1 disc. She also claimed right knee and shoulder trauma, which required injections. This  led to permanent disability. She never returned to work after the accident and currently receives Social Security disability benefits. Her medical bills totaled $104,000. Carmen was an airline reservation clerk for 18 years before the crash.

The defendant, Ducharme, claimed that the crash took place because he was trying to free his floor mat, which had become trapped under the accelerator pedal. Liability was admitted by the defendants. The case was tried on damages only. Before the conclusion of the trial, the parties discussed high/low parameters, but could not reach an agreement on that.

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Cathy Stackhouse obtained a $4.5 million jury verdict against Lakemoor Golf Course and Royce Realty for an accident that took place on Lakemoor’s golf course. The golf course and Royce Realty were insured by Indiana Insurance Co.

Royce Realty was the manager of several golf courses, shopping centers and apartment buildings. Because of the need for protection, it purchased a commercial general liability policy from Indiana Insurance Co. But Indiana Insurance Co. attempted to severely restrict its own liability by attaching an endorsement that limited the policy’s coverage to claims “arising out of the ownership, maintenance or use of Royce’s headquarters in Oak Brook and operations necessary or incidental to those premises.”  After the Stackhouse verdict against Lakemoor and Royce, Indiana Insurance sued in the Chancery court for a declaratory judgment that the Stackhouse judgment was not covered. 

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Slawomir Lubowicki and his wife, Agnieszka Lubowicka, held a mortgage from the plaintiff, CitiMortgage (Citi) in the amount of $329,000 for their home in Mount Prospect, Ill. In August 2009, Citi filed a lawsuit alleging that Lubowicki and his wife were in default in the payment of their mortgage and sought a writ of foreclosure on the property.

The special process server hired to deliver service of summons on the Lubowicki family testified that he served Lubowicki’s wife on Aug. 18, 2009, though his description of the time at which he served it was inconsistent with his affidavits. Further, the process server claimed that he mailed a copy of the summons and complaint in a sealed envelope, addressed to Lubowicki at his residence in Mount Prospect. 

On Aug. 30, 2009, the court found that Lubowicki and his wife were in default for failing to appear or plead and entered a judgment for foreclosure and sale of the property. Subsequently, the property was sold in a judicial foreclosure sale that was confirmed by the trial judge on March 10, 2011.

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Atlantic Casualty Insurance Co. insured Paszko Masonry as it worked on the construction of an apartment building in Downers Grove, Ill., along with three other companies, Prince Contractors Inc., Chicago Masonry Construction and 4929 Forest LLC..

Robert Rybaltowski was an employee of the waterproofing company, Raincoat Solutions, which had submitted a bid to the general contractor, Prince Contractors, to perform caulking work on the building. 

On the condition that Raincoat bring its employee to the jobsite to show that Raincoat’s employee was competent, the general contractor would approve the submitted bid for the caulking work. 

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A class action lawsuit has been filed against Travelers Insurance Co. alleging that it misled injured individuals in car accident cases against Travelers’ insureds.  The case, filed in the Chancery Division of the Circuit Court of Cook County by Sabrina Roppo, alleges that when she was injured in a car accident with a Travelers’ insured. Dhe was advised that the policy of insurance provided to the wrongdoer was $500,000. 

However, it was discovered that there was an additional $1 million umbrella policy that Roppo alleges was not disclosed to her by Travelers. According to the lawsuit, even though the Travelers’ insured paid a premium for the $1 million umbrella coverage, the company chose not to disclose that the umbrella policy was available. 

The lawsuit contends that Roppos suffered additional financial losses because of the misrepresentation. The lawsuit also states that about 500 other individuals injured by Travelers’ insureds were affected by this practice dating back to 1988. The suit seeks compensatory and punitive damages.

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Deutsche Bank National Trust filed a lawsuit against Michael Plowman in 2010 to quiet title for a property located on Chicago’s North Side. The lawsuit alleged that Deutsche bank acquired title to the property by a foreclosure. The complaint also alleged that the property had been improved by the construction of a two-story house. 

In addition, it was stated in the complaint that Plowman owned an adjacent property that was also improved with a residence. The two structures were connected by a one-story structure spanning the boundary of the two properties. 

The lawsuit stated that Plowman had taken possession to control the double property. Plowman’s possession blocked Deutsche’s bank access to the property. There was also a dispute as to where the property line between the properties was located.

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In 2007, Illinois amended the Wrongful Death Act to add language saying, “including damages for grief, sorrow and mental suffering.” The language was added to the description of available wrongful death damages.

According to this Chicago federal court case, Hammond v. System Transport, Inc., the Illinois legislature’s intentions in amending the wrongful death statute “was to compensate for the spouse’s and next of kin’s emotional consequences from the end of a decedent’s life, including the process or manner of death.”  The damages, grief, sorrow and mental suffering resulting from the manner of death may be compensable under the Wrongful Death Act, according to the case opinion.

However, the court held that “evidence of defendant Austin’s [the truck driver’s] negligence, such as the allegation that he violated rules limiting the hours he could work before resting, which resulted in his falling asleep and running a stop sign, is not relevant to plaintiff’s claim.” 

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Heike Wehrle and Robert Wehrle were severely injured in an auto crash with a drunk driver who had minimal insurance coverage.  The Wehrles had an underinsured motorist insurance policy with Cincinnati Insurance Co. that paid the difference between their $1 million coverage limit and the $200,000 that they received from the at-fault driver. 

The Wehrles sued Cincinnati claiming that they were entitled to the full $1 million of underinsurance rather than $800,000, which was the difference between the $1 million provided by Cincinnati and the $200,000 provided by the insurance company for the tortfeasor drunk driver.

The Wehrles were driving their sport-utility vehicle in Kane County, Ill., in December 2010.  They were hit by a drunk driver, Eric Barth. The Wehrles were severely injured and their medical expenses and damages far exceeded the policy limits of either Barth’s insurance or their own underinsurance policy. 

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