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Personal Injury Law

Illinois Injury Lawyer Blog

A legal blog that covers Illinois personal injury and accident topics including car accidents, medical malpractice, and nursing home abuse. Published by Injury Lawyers Levin & Perconti.

Post Frequency: 11.9/day

Last Entry: April 01, 2011 at 11:59:47

Case Law Update: Statute of Limitations in Personal Injury Lawsuits

Posted on January 28, 2009
Malone v. Corrections Corporation of America, No. 07-3640, (1/21/09) affirmed that the district court did not err in dismissing as untimely plaintiff-prisoner's sec. 1983 action alleging that guards at private prison located in Oklahoma used excessive force since said action was filed after expiration of Oklahoma's two-year limitations period for personal injury lawsuits...

Case Law Update: Liability in Slip and Fall Cases

Posted on January 27, 2009
Richardson, Sr. v. Bond Drug Company of Illinois, No. 1-07-3349 (1/14/09) affirmed that the trial court did not err when it entered summary judgment in favor of defendant, owner and operator of drug store at which plaintiff fell. Plaintiff testified that he did not see any liquid on the floor, but assumed the floor was wet because knees of his pants were wet when he got up; and defendant's store manage testified that there was no liquid on floor in vicinity of plaintiff's fall...

Case Law Update: Retroactive Application in Sexual Abuse

Posted on January 26, 2009
M.K. v. L.C. and N.G., No. 3-07-0735 (1/9/09) found that the trial court erred when it dismissed plaintiffs' personal injury complaints against Catholic Diocese of Peoria, individual priests, and Bishop of Diocese alleging that they were sexually abuse by priests as children...

New litigation packet: litigating claims against foreign manufacturers

Posted on January 26, 2009
A new litigation packet issued by the American Association for Justice highlights issues in product liability lawsuits against foreign manufacturers. The packet addresses product liability litigation issues, including service of process, venue, forum, jurisdiction, discovery process, and enforcing judgments...

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FDA website offers product recall alerts

Posted on January 25, 2009
With the recent recalls and product liability warnings, a helpful website updated by the FDA is worth highlighting. The webpage includes the most serious product recalls, withdrawals and safety alerts in the last 60 days. For the website.

Police officer to get $100K in workers? compensation

Posted on January 25, 2009
A former police officer who shot himself in the hand will receive a $100,000 workers? compensation payment from the city. He will not be able to return to duty. For the full article.

FDA cautions dog owners about chicken jerky products from China

Posted on January 25, 2009
The FDA continues to caution consumers about a potential product liability connection between dogs becoming ill and the consumption of chicken jerky products imported from China. For the full article.

Home Explosion Creates Fire

Posted on January 25, 2009
Firefighters were called to respond to an explosion in a residential garage in Warrenville, Illinois. The fire was reported as a structure fire but was later upgraded to a box alarm fire. No personal injuries were reported in the explosion, despite one person being inside the home...

Chicago Blue Line customers were

Posted on January 23, 2009
Chicago Blue Line customers were taken off an outbound CTA train car when a small fire started underneath one of the cars. Early in the morning there was a report of smoke on the outbound Blue Line train car that was near the UIC Medical Center station...

Pedestrian Hit By Metra Train

Posted on January 23, 2009
A Metra Train struck and killed a pedestrian early in the morning in Palatine, Illinois. Train No. 606 was scheduled to arrive at the station was stopped in the town of Palatine, Illinois and passengers had to board a different train to Chicago after the pedestrian accident...

Worries rise over pharmaceutical plants move overseas

Posted on January 22, 2009
Experts and lawmakers are growing more and more concerned that the nation is becoming too reliant on medicine from abroad and may be more prone to product liability. Lawmakers are calling for a law that would require that certain drugs be made or stockpiled in the United States...

80% of pools not in compliance with new safety law

Posted on January 22, 2009
The bulk of the country?s public swimming pools are in violation of a new federal safety rule aimed at keeping people from becoming trapped in underwater drains and some pools have begun closing down temporarily while they scramble to comply with the law...

Crane company to be fined over safety violations after four worker deaths

Posted on January 21, 2009
The U.S. government wishes to fine a crane company over a construction accident that wrongfully killed four workers. The workers death resulted after a massive falling crane. Not only was the crane operator inadequately trained, but the project superintendent did not ensure the crane did not reach hazardous conditions...

Case Law Update: Claims in Workers? Compensations Cases

Posted on January 21, 2009
Freeman United Coal Mining Company v. Van Houten, No. 4-07-0905WC (9-29-08) affirmed that although Workers? Compensation Commission?s findings that claimant proved that deceased minor suffered disablement within two years of his last exposure to mining dust, and that exposure to coal dust is a causative factor in his death, are not against the manifest weight of the evidence, its holding that the decedent?s claim abated by virtue of his death pursuant to Section 8(h) of the Act is error...

Case Law Update: Construction Accidents Lawsuits

Posted on January 20, 2009
Grillo v. Yeager Construction, No. 1-07-2335 (12-31-08) decided that in a trial for personal injuries suffered by masonry contractor when he fell after scaffolding tipped during construction of residence, there was sufficient evidence that defendant was general contractor and that general manager of construction site was its agent to submit claim of negligent supervision and premises liability to jury...

Case Law Update: Defense Comments in Negligence Case

Posted on January 20, 2009
U.S. Bank v. YMCA of Metropolitan Chicago, No. 1-07-0487 (12-31-08) affirmed that a trial court did not abuse its discretion when it granted plaintiff's jnov motion after it concluded that repeated inappropriate outbursts by defense counsel were so loud that they were within hearing range of jury; that they were intended to prejudice jury; and resulted in jury prejudice...

Case Law Update: Shipping Negligence in Violation of Federal Motor Carrier Safety Regulations

Posted on January 19, 2009
Camp v. TNT Logistics Corp, No. 07-3386 (1/14/09) found that the district court did not err in granting defendant's motion for summary judgment in action alleging that defendant was negligent in shipment of pallet of automobile parts that injured plaintiff when she opened trailer door...

Train Derails in Illinois

Posted on January 19, 2009
About 20 cars on a northbound freight train derailed in Grant Park, Illinois. Emergency crews evacuated about 50 homes east and west of the scene because two of the derailed cars were believed to be carrying denatured alcohol. The evacuees were taken to a local high school...

Second Illinois family files personal injury lawsuit in connection with Fox River drownings

Posted on January 19, 2009
A second family has filed an Illinois wrongful death lawsuit following the deaths of three Chicago teenagers who drowned last November. The Cook County personal injury lawsuit asks for more than $50,000 in damages against the victims? high school and the company that organized a leadership retreat to the location of the drownings...

Illinois Grand Jury Indicts Pilot who was Under the Influence when Plane Clipped House

Posted on January 18, 2009
An Illinois pilot was arrested after his plane crashed into a yard and clipped a house. The pilot was arrested after it was revealed that he was on alcohol and drugs. The pilot had been arrested and charged with operating an aircraft under the influence of drugs or alcohol...

Dangerous Dog Crackdown in Illinois

Posted on January 18, 2009
The wrongful death of a 4-year-old mauled by at least one Rottweiler owned by his foster family my lead to a crackdown on how the state regulates the care of foster children in home with animals. A state representative is considering tough legislation outlawing dangerous dogs in foster homes...

Two deaths linked to salmonella

Posted on January 17, 2009
The CDC yesterday confirmed a link between the contaminated peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states. Health officials, though, were not clear whether the infection was the cause of the death or whether any of the dead had eaten peanut butter...

Cribs and baby clothes recalled

Posted on January 17, 2009
Stork Craft Baby Manufacturing, Inc. and federal regulators in the U.S. and Canada recalled more than one million cribs this week because of metal support brackets that can break, the latest in the rash of crib recalls that have led to infant deaths or injuries...

Builder sued after girls? death during tornado

Posted on January 16, 2009
A wrongful death lawsuit has been filed by the family of a young girl who was killed in her neighbor?s house during a tornado. The family of the wrongful death victim is suing the construction company for poor construction, blaming it for the girls? death...

Federal agency recalls dangerous children?s play yards

Posted on January 16, 2009
The U.S. Consumer Product Safety Commission recalled 200,000 potentially deadly Fisher-Price Rainforest-themed play yards yesterday. The product?s rails have been found to be prone to collapsing, creating hazardous consequences to the babies inside, such as trapping them, allowing them to fall out, giving them access to unsafe areas, or causing serious injuries or death...

No injuries reported for train accident near Chicago

Posted on January 16, 2009
A 72-car freight train travelling to Chicago from Canada derailed in Buffalo Grove, Illinois, effecting 5000 passengers. Commuters affected by the train accident are being advised by Metra to take the Milwaukee District North Line of find an alternative way of transportation...

Fraternity wrongful death lawsuit dismissed

Posted on January 16, 2009
A federal judge has dismissed a national fraternity from a wrongful death lawsuit stemming from a fatal accident that happened after a party. The judge stated that the wrongful death lawsuit defendant, the national fraternity, could not be held responsible...

Wrongful Death Suit Filed After Man Struck by Metra Train

Posted on January 15, 2009
The daughter of a man struck and killed by a Metra train as he crossed the tracks in Chicago, Illinois has filed a wrongful death lawsuit. The wrongful death lawsuit claims that the train could have stopped to avoid hitting him but was heavily speeding because the train was behind schedule...

FDA?s new rules make it easier for drug companies to promote unapproved use of their drugs, possibly placing patients in danger

Posted on January 15, 2009
Officials from the Food and Drug Administration have finalized guidelines that make it easier for pharmaceutical companies to use medical-journal articles to promote drugs for unapproved uses. This has lead to opposition by several lawmakers, who call the rules too lenient for allowing the drug companies to distribute articles about their products to doctors, even when the articles involve uses of the drugs that haven't been federally approved...

Report on tainted milk scandal

Posted on January 14, 2009
In a case of international products liability, CNN.com recently provided a report on the tainted milk scandal. Embedded video from CNN Video

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