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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: Investigators in the Federal Torts Claim Act

Posted on December 16, 2008
Reynolds v. U.S., No. 08-1634 (12/9/08) found that the district court erred in dismissing the original case for failure to state valid claim for plaintiff's FTCA lawsuit alleging that investigators employed by defendant initiated malicious prosecution by submitting knowingly false information to prosecutors...

Asbestos lawsuit ordered to move

Posted on December 15, 2008
An asbestos injury plaintiff who lived in Maine and contracted mesothelioma there was told that he cannot file the product liability lawsuit in Texas in an effort to recover damages more quickly. The injured plaintiff must instead file in Maine. For the full article...

Manufacturers found not liable in asbestos lawsuit

Posted on December 14, 2008
In recent cases dealing with asbestos-related illness, a court ruled that a manufacturer cannot be held liable for failing to warn about the hazards of someone else?s product. This limits the class of defendants subject to product liability lawsuits...

City looks to settle wrongful death lawsuit

Posted on December 13, 2008
A wrongful death lawsuit looms and could deplete a city by up to $750,000. The wrongful death lawsuit was filed by a widow of a public works employee killed on the job in 2005. Personal injury attorneys state that if the wrongful death lawsuit goes to trial, the family could be awarded more than $1 million if they prevail at trial...

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Plaintiff Awarded $14 Million in Utility Negligence Case

Posted on December 12, 2008
Plaintiffs who were the property owners of eight houses that were destroyed by a landslide in a home subdivision alleged there was utility negligence and failure to repair a water leak in a timely manner. The association consists of 58 units. The plaintiffs maintained that the city and its water authority were negligent in failing to repair a leaking fire hydrant and underground water main in a timely manner...

FDA hears testimony about safety of asthma drugs

Posted on December 11, 2008
Last week, the FDA heard testimony regarding product safety and liability of asthma drugs. One drug official told a panel that more than 14,000 people may have wrongfully died since 1994 after taking popular asthma drugs. Another suggested that even more may have died without the medicines...

Crib hazards spotted after database developed

Posted on December 09, 2008
The U.S. Consumer Product Safety Commission recently created a database designed to better spot crib hazards. With the database, the CPSC was able to discover a pattern of dangerous cribs and issued the product liability crib recall. For the full article...

Military Jet Crash Kills Three People

Posted on December 09, 2008
Three people died and two homes were destroyed after a fighter jet returning to a Marine base from a routine training mission crashed in flames into a residential neighborhood yesterday. Burning debris severely damaged other homes and property near the crash site...

Case Law Update: Wrongful Death in Terrorism

Posted on December 07, 2008
In Boim v. Holy Land Foundation For Relief and Development, No. 05-1815 (12/3/08) the Illinois appellate court found that the district court did not err in granting plaintiff's motion for summary judgment in action under 18 USC sec. 2333(a) seeking recovery for death of plaintiff's son where defendants allegedly provided financial support to known terrorist (Hamas) who caused death of plaintiff's son...

4 residents and 1 firefighter injured in West Chicago fire

Posted on December 07, 2008
Four residents and a fire fighter experienced personal injuries in a Chicago fire that started in a garage on Saturday. The blaze was raised to an extra alarm because of cold temperatures and 20 mile-per-hour winds. It took 50 firefighters about an hour to control the fire...

Case Law Update: Personal Injury Negligence Found by Jury

Posted on December 06, 2008
Lazenby v. Mark?s Construction, Inc., No. 107192, presented the question as to whether the trial court properly denied plaintiff's motion for judgment n.o.v. in action seeking recovery for injuries sustained while plaintiff-firefighter was responding to fire on defendants' construction project...

Case Law Update: Dismissal in Wrongful Death Case

Posted on December 06, 2008
Winters v. Wangler, No. 4-07-1044 (11-26-08) found that the trial erred when it dismissed plaintiff's complaint for wrongful death against operators of farm equipment and escort vehicles alleging that they negligently failed to accurately warn plaintiff's decedent of oversized farm equipment being driven on highway at night...

Chemical Spill Prompts Evacuation of High School

Posted on December 05, 2008
A hazardous materials spill caused a minor explosion in a science lab of a Chicago suburban school. Both students and faculty at Hoffman Estates High were sent outside in response to a fire alarm prompted by a chemical reaction. Students were transferred to the gymnasium...

Lead-laden toys may still be at stores

Posted on December 04, 2008
In a recent testing of toys, nearly a third tested positive for medium to high levels of lead, cadmium, mercury or other potentially dangerous chemicals. Product liability recalls are on the rise, with two-thirds of the product liability recalls being children?s toys, nursery items, and clothing...

Class-action asbestos lawsuit settles for $140 million

Posted on December 03, 2008
A company recently agreed to pay up to $140 million to settle a personal injury lawsuit stemming from its use of attic-insulating product that contained asbestos. The company will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met to resolve the asbestos personal injury claims...

Wrongful death lawsuit alleges that medical product caused death

Posted on December 03, 2008
The family of a woman who went into respiratory arrest and died after neck surgery is now suing Medtronic, Inc. for wrongful death. The wrongful death lawsuit blames the death on the use of a fast-selling bone-growth protein. There is also a Justice Department investigation into the product?s use for purposes not approved by the FDA...

FDA Comes under Fire for Chemicals in Baby Formula

Posted on December 02, 2008
The Food and Drug Administration is receiving heavy criticism from members of Congress, public interest groups, and consumer advocates, who charge the agency with failing to act after discovering trace amounts of melamine in baby formula sold in the US...

Products liability podcast released regarding the Consumer Products Safety Improvement Act

Posted on December 02, 2008
An audio seminar was recently released entitled What the Consumer Products Safety Improvement Act of 2008 Means for Products Liability. It can be downloaded to your computer or iPod or can be sent on a CD. The seminar focuses on the impact of the Act on manufacturers, importers, retailers, and distributors...

Illinois committee approves workers comp settlements totaling $270,100

Posted on December 01, 2008
Last week, an Illinois city council finance committee approved seven Illinois workers? comp settlements totaling about $270,100. Some of the workers? comp injuries are several years old, but the council had to wait until an injured party completed treatment to negotiate a settlement...

Potential Liability of Walmart in Black Friday Stampede

Posted on December 01, 2008
A Walmart employee was killed on Friday morning after an unruly crowd rushed to the doors of the store and trampled him. Also, a 26 year old woman suffered a miscarriage after being overcome by the throngs of shoppers. The crowd had assembled outside the store at 5 A...

Carbon monoxide leak kills family

Posted on December 01, 2008
A family of four were found dead in a home with high levels of carbon monoxide where they were meeting friends for the weekend. A team of technicians determined the house?s hot water and snow melting systems malfunctioned, causing the extreme levels of carbon monoxide in the house...

Toddler Killed in South Side Fire

Posted on November 30, 2008
A 2-year-old boy was killed in a house fire in Chicago?s South Side?s Back-of-the-Yards neighborhood. The fire occurred in a 1 � story house in the 5700 block of South Hoyne Avenue. When firefighters arrived they found the blaze ?fully involved? with fire shooting out of windows from the front of the house...

Flood victims file personal injury lawsuit in federal court

Posted on November 30, 2008
More than 100 residents impacted by a flood early this year filed a personal injury lawsuit in U.S. District Court last week. The flood victims are seeking compensation regarding negligence, infliction of emotional distress, and personal injury. Specifically, the personal injury claims involve risk to the plaintiffs? health by flood waters, mud, mold, bacteria, and other toxins...

FDA sets high standard for melamine in baby formula

Posted on November 30, 2008
Two months ago, federal food regulators said that they were unable to find a safety threshold for the industrial chemical of melamine in baby formula. Now, they have found a way to settle on a standard that allows for higher levels than those found in U...

Wal-Mart death was avoidable, according to Union

Posted on November 29, 2008
The death of a temporary Wal-Mart worker trampled by customers on Black Friday could have been avoided. A union that represents retail workers said that the incident was avoidable if there were safety barriers, security, and foresight in the dangerous numbers of customers barreling down on the store in an unsafe matter...

Fires burn 3 homes in Chicago suburb

Posted on November 29, 2008
Early this morning, three homes in the Chicago suburb of Blue Island were engulfed by flames. Luckily, no burn injuries were reported. Firefights from Chicago and suburban cities such as Blue Island, Posen, Calumet Park, and Oak Forest assisted in battling the fire...

Travis Barker gives thanks for life on Thanksgiving

Posted on November 28, 2008
On Thanksgiving, Travis Barker, who recently filed a personal injury lawsuit for the near-fatal plane crash he was involved in, wrote a moving Thanksgiving note expressing his gratitude to friends, family, and fans. Barker and his friend DJ AM were the only survivors of the Learjet that failed to clear a runway at a South Carolina airport and burst into flames...

Naperville Girl Dies after Falling into Pond

Posted on November 28, 2008
A 9-year-old girl died after she fell into a thinly frozen pond in a Naperville, Illinois subdivision. The girl remained submerged in the water for about 15 minutes after she fell. The 9-year-old slipped through the ice after she and a cousin attempted to walk across a frozen retention pond...

Consumers Warned of Toxic Toys and Toy Dangers

Posted on November 27, 2008
The Illinois Public Interest Research Group (IPIRG) has issued its annual Survey of Toy Safety. This year?s report focuses on toxic toys and it particularly warns against toys that contain phthalates, a chemical used to soften plastics. Phthalates are often used to make the plastic in teething toys, bath books and rubber duckies soft and flexible, but the chemicals are suspected of causing reproductive and developmental problems, especially in boys...

Are Toys Safer this Christmas?

Posted on November 27, 2008
Increased testing has made toys safer this Christmas than last year, says both government regulators and toy experts. Only 74 toys have been recalled this year, all related to elevated lead levels. Lead is especially harmful to a child?s developing brain...

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