Bert Jessmon and his father worked for a private trash collection company. They were on a route with Jessmon’s father driving and Bert Jessmon riding on the back of the truck. The Jessmons stopped on a rural two-lane highway and Bert Jessmon left the truck and began walking to pick up a trash can. At the same time, a W.A. Kendall & Co. wood chipper truck stopped behind the trash truck.

Elizabeth Smiley, who was traveling in the same lane, came upon the truck and stopped behind them. When Smiley confirmed that the oncoming lane was clear, she began passing the vehicles on the left. As she was nearly passed the chipper truck, the driver pulled out, striking her car. The Smiley car then spun clockwise striking and pinning Bert Jessmon between the car’s driver side and the rear of the garbage truck.

Bert Jessmon sustained severe crush injuries to both of his legs and his right leg was nearly severed above the knee. His femoral artery was severed and he began bleeding profusely. A bystander with Army medical experience applied a tourniquet while emergency responders were called.

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Donald Waterhouse made a claim for $100,000 in underinsured motorist coverage from State Farm Mutual Automobile Insurance Co. for the injuries he suffered in a car crash caused by George D. Robinson. Robinson was insured by State Farm, which settled Waterhouse’s negligence case for his $50,000 policy limit. The common fund doctrine might apply to the offset State Farm declared it would take (totaling $27,463) for the money Waterhouse received under his policy’s medical payments coverage.

When State Farm settled on behalf of Robinson, it sent a letter waiving its subrogation rights. But the correspondence to Waterhouse’s lawyer continued, “As of today, we have paid $27,463 under your client’s medical payments coverage. In the event that your client’s case goes into underinsured motorist arbitration, we will be taking this amount as an offset along with a credit of $50,000, which is deemed paid under Robinson’s liability coverage.”

In a motion to adjudicate State Farm’s alleged lien, Waterhouse claimed he was entitled to a credit under the Common Fund Doctrine – against the offset claimed by State Farm – for a proportional share of the fees and costs he incurred in obtaining the tort recovery.

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The Illinois Appellate Court for the First District modified and answered the certified questions in addition to remanding a lawsuit back to the Circuit Court of Cook County. On Oct. 4, 2013, Drew Williams, who played on the Lane Tech High School’s football team, “violently collided” with a teammate during a game. The collision came during the first quarter of the game. Drew, although shaken, was not assessed with concussive brain trauma and continued to play. During the fourth quarter, he showed signs of a concussion. It was later diagnosed that the blows to the head resulted in numerous brain bleeds, which rendered him disabled.

The parents of Drew — Jodine and Christopher Williams — filed a lawsuit against Athletico Ltd. Athletico is a private company that was under contract with the Chicago Public Schools to assign and maintain an adequate staff of competent personnel who were “fully equipped, licensed . . . and qualified to provide on-site injury care and evaluation in all matters pertaining to the health and well-being of the athletes.”

The Williams family claimed that Athletico was negligent in failing to assess their son.  The head trauma or the concussion was the gist of their lawsuit.  The Williamses also named Accelerated Rehabilitation Centers Ltd., the predecessor to Athletico, a company also under contract to provide athletic training of trainer services to Lane Tech students during football games and to evaluate and treat injuries during football games. The trainer assigned to the game was also named as a party defendant.

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The 7th Circuit U.S. Court of Appeals in Chicago has affirmed a lower court decision by a federal judge dismissing Gregory Cripe’s lawsuit for exposure to chemical toxic fumes from Pur-Fect Lok 834A. This product is a glue made by the defendant, Henkel Corp. Cripe was exposed to the toxic fumes when he was working on his employer’s roof.

The glue in question contained methylene diphenyl diisocyanate, which can cause serious injury.

Cripe and his wife, Tammy, sued Henkel Corp. under the diversity of citizenship jurisdiction in federal court, contending that exposure to the chemical byproduct of the glue caused both neurological and psychological problems, which could have been prevented if the adhesive had better warnings.

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The Illinois Appellate Court for the 1st District has affirmed the decision of a Circuit Court judge dismissing the lawsuit for the injuries suffered by Rudy Nourse while working as an elevator serviceman.

On March 20, 2014, Nourse was working for the Suburban Elevator Co. He and his supervisor were “performing an elevator modernization” project at the River North Apartments in Chicago.

Fred Carter was on the site in his capacity as an elevator inspector for the City of Chicago’s Bureau of Elevators. As the inspection was starting, Carter ordered Nourse to climb down into the elevator pit.  Nourse did so and while he was in the pit, Nourse’s supervisor, unaware of Nourse’s location, powered up the elevator, which descended into the shaft and struck Nourse, injuring him.

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The on-the-job exposure to asbestos experienced by Ronnie Startley occurred in Alabama. Startley was a drywall finisher. However, for 3 to 4 months in 1965, he worked on approximately 50 jobs in Chicago with his cousin, Walter Startley. The Startleys used several brands of drywall joint compound that contained asbestos. Startley was diagnosed with mesothelioma in 2013; he died a year later in Alabama. The Alabama statute of limitations blocked Startley’s estate’s claims there.

According to Walter Startley’s testimony, during an evidence deposition in the Illinois lawsuit that Ronnie’s estate filed against Welco Manufacturing Co., the manufacturer of Well-Coat, the joint compound they used for Chicago projects in 1965 were “USG, Gold Bond, Best Wall, and Wel-Coat.” He added, “Wel-Coat and Best Wall was the most we used.”

When Walter was asked whether he could recall having more jobs with “one product more than the other,” Walter said, “Well, I really can’t, because that’s a long time ago, but I remember the bags was being like gray-looking stuff and I imagine it would be Wel-Coat or Best Wall.”

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Ordinarily, a person who is injured must seek a remedy from the person who caused the injury. However, the doctrine of respondeat superior provides an exception to that rule, in that a principal may be held liable for the actions of an agent who causes an injury.

Edward Grinyov was installing dispatch equipment in taxicabs at the local garage of dispatch company 303 Taxi. Grinyov was injured when another taxicab driver backed his vehicle into him pinning him against the fence.

The driver of the other cab was bringing the car to the 303 Taxi garage following the directions of a 303 Taxi manager. Because of Grinyov’s injuries, he brought a lawsuit against the driver of that cab, the owner of that particular taxicab and 303 Taxi.

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From 1959 to 1964, Rivers Sampson worked as a sandblaster and used silica as an abrasive agent.  In 2014, at the age of 77,  Sampson died of sepsis and silicosis, which is a progressive disease caused by inhaling silica dust. Having silica dust attached to the lungs causes inflammation and scarring.

Sampson’s two surviving adult children brought a lawsuit against more than 20 companies that mined and sold silica for use in sandblasting. It was alleged that these defendants chose not to warn of the health risks of silica exposure. Some of these defendants settled before the trial for confidential amounts or were otherwise dismissed from the case. However, the lawsuit did proceed to a jury verdict against Mississippi Valley Silica Co.

The Sampson family sought punitive damages claiming that the defendants, in choosing not to warn of the known health hazard, constituted actual malice or gross negligence. The Sampson family asserted that the defendant failed to add product warnings regarding the health hazards of silica exposure until 1972, although the industry was well aware of the dangers since at least the 1930s.

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Nathaniel Cooper, 24, was working in the packing area of a United Parcel Services (UPS) facility when he suffered heat exhaustion that led to his fatal cardiac event. He is survived by his fiancé and a minor child.

His fiancé, on behalf of the couple’s child, sued UPS claiming it was negligent in that it directed Cooper to work in unsafe conditions despite knowing that he had cardiac problems.

The lawsuit also claimed that UPS was grossly negligent for choosing not to install an adequate ventilation system, establish mandatory rest schedules and monitor workers for heat stress. Apparently the UPS facility where Cooper was working was an enclosed area that held heat at high temperatures. Continue reading

Luisa Cruz Mezquital was driving her Mazda minivan when the oncoming 1995 Jeep Wrangler, driven by the defendant Abdulmohsen Almassud, lost control, crossed the center-line and crashed into her minivan. The Cruz driver-side window shattered.  Cruz’s left hand struck the Jeep as it scraped down the side of her minivan.

Cruz, who was 29 at the time, suffered serious injuries to her hand and arm, including a degloving injury to her left, dominant hand with significant loss of skin, muscles, nerves, tendons and fascia. In addition, she suffered severe, open fractures of multiple bones in her hand and closed fractures of the ulnar radius of the left arm.

She underwent open reduction internal fixation surgery to repair the forearm fractures that included installing plates and screws. Her middle left finger was amputated. A four-stage reconstruction surgery to her hand was undertaken, which included a split-thickness skin graft from her upper thigh.

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