Carl McNeill, an inspector for the South Carolina Department of Transportation, was standing in a designated work zone overseeing repairs to an interstate highway. Dewayne Marshall, an employee of Marketing Associates Inc., who was also working at the site, backed a truck up a ramp and struck McNeill, running over him.

McNeill, 58, suffered serious injuries, which included crushed injuries to both legs, a broken pelvis and a crushed urethra and scrotum.

He required multiple surgeries and rehabilitation and suffers ongoing pain. He is unable to return to his job in which he had earned approximately $636 per week. His medical expenses totaled more than $496,800.

Continue reading

The United States Court of Appeals for the Seventh Circuit in Chicago has affirmed the grant of defendant’s motion for summary judgment in the plaintiff’s lawsuit that alleged that the product Testim, which was manufactured by Auxilium Pharmaceuticals as a topical gel containing testosterone, caused the plaintiff, Isaac Owens, to develop deep vein thrombosis (DVT).

The federal district court in Chicago granted Auxilium’s motion to exclude Owens’ sole expert witness on the issue of causation linking Testim to his medical condition.

The appeals panel stated that the district court could properly exclude causation testimony from the Owens’ expert, when: (1) although the expert opined that Testim had caused plaintiff’s DVT, he did so under the assumption that Owens was applying the prescribed dose of the gel in the proper manner; (2) Owens conceded that he had used only half of the prescribed dosage and applied the gel in the wrong parts of his body; and (3) Owens’ expert could not express an opinion regarding causation under circumstances that more accurately described Owens’ use and application of Testim.

Continue reading

In 1959 George Lucas started working as a longshore laborer and clerk at various San Francisco Bay-area piers where ships were loaded and unloaded with cargo.

Reportedly during his breaks, he would venture into the ship’s engine rooms to stay warm.  Often, employees of shipyard contractor Triple A Machine Shop Inc. were in the same engine rooms removing and replacing asbestos-containing insulation, gaskets and packing.

The work that he was doing exposed him to substantial amounts of asbestos dust. His bystander exposure from Triple A employees’ work continued until 1986.

Continue reading

In December 2016, Arlin Campbell was diagnosed with mesothelioma, which is a disease attributable to exposure to asbestos. On May 4, 2017, Campbell, an Alabama resident, filed suit in the Circuit Court of Cook County alleging that his cancer (mesothelioma) was caused by his exposure to asbestos while working jobs in Illinois, Alabama, Louisiana and Texas between 1961 and 1999.

He named more than 50 companies as defendants. Among his several allegations, Campbell claimed that his exposure to asbestos involved products “manufactured, sold, distributed or installed” by the General Electric Co.  Campbell’s sole period of employment in Illinois was when he worked for Republic Steel in Chicago from 1964 through 1965.

General Electric moved to dismiss the case against it noting that in Campbell’s complaint, he did not specifically allege that he encountered asbestos from GE products while working at Republic Steel. GE argued that Campbell failed to allege sufficient facts to grant the court personal jurisdiction and noted that it did not consent to the court’s jurisdiction.

Continue reading

The plaintiff in this lawsuit, Roscoe Giles, was the representative and administrator of the estate of his brother, Morris Giles. Giles filed suit two years and one day after the death of his brother who was hit by a tow truck while walking through a cross-walk. When there is a sudden traumatic injurious event, the cause of action accrues, and the statute of limitations begins to run on the date the injury occurs.

As the original lawsuit complaint was not timely filed, no subsequent pleading can relate back to it. Any legal disability on the part of the decedent, and any negligence by the Giles’ attorney, cannot extend the statute of limitations.

Roscoe Giles, Morris’s brother, retained an attorney to sue Robert Parks, the tow truck’s owner and operator. On Dec. 23, 2014, exactly two years after Morris’s death, counsel for Roscoe filed the lawsuit, a survival claim. Survival claims have a statute of limitations of two years.

Continue reading

The ruling has been upheld in the case of a woman whose estate was awarded $2.5 million after she died falling from a porch almost 14 years ago.

The 1st District Illinois Appellate Court rejected the argument from the defendant Charlotte Klink that the lawsuit filed against the estate of Klink’s former estranged and now-deceased husband was untimely filed.

The original defendant, Ronald Flores, died on Nov. 29, 2010. Continue reading

Brian Squire hit a bicycle rider while driving his car. The bicyclist died from injuries six months later.

GEICO, Squire’s automobile insurer, never offered the bicyclist or his estate Squire’s $300,000 policy limits or attempted to settle with the decedent’s estate and family.

In addition, the insurer, GEICO, allowed several settlement offers by the estate and family of the bicyclist to expire.

Continue reading

Noncompete agreements have always been controversial for the way they intend to or unintentionally restrict employees from gaining employment after leaving a job where a noncompete agreement was signed. In 2017, the Illinois General Assembly addressed concerns about noncompete clauses found in low-wage employees. Effective January 2017, the Illinois Right to Work Act prohibits private-sector employers from entering into noncompete agreements with low-wage employees, rendering such agreements facially illegal and void.

This Illinois law is similar to other states that have passed legislation that also limits the employer’s ability to restrict low-wage employees in noncompete contracts in the private-sector.

For example, in the last couple of years, Alabama, Hawaii, New Mexico, Nevada, Oregon, Utah and Washington have passed laws that restrict the enforceability of noncompete agreements. Other states, including New Jersey and Pennsylvania, have proposed legislation that mirrors restrictions in enforceability of noncompete agreements.

Continue reading

On Dec. 4, 2013, the plaintiff, Keenan Lane, 21, was stopped at a red light southbound on North Greenmount Road about 600 feet north of Lebanon Avenue in Shiloh, Ill. At that point, a car driven by 63-year-old Anne Flahiv rear-ended Lane’s vehicle. As a result of the crash, Lane’s car was totaled, and he suffered injuries to his neck and lower back.

Lane’s treatment included emergency room care, visits with his primary care physician and physical therapist, as well as orthopedic treatment.

His orthopedist diagnosed peripheral tears in his lumbar spine and an annular tear in his cervical spine. He reported medical expenses that totaled more than $48,000.

Continue reading

Kenneth Smith was a journeyman union carpenter working at a construction site at a new XSport Fitness in Libertyville, Ill., in 2006. The defendant in this lawsuit was RPM, which was a cabinetry contractor involved in the installation of cabinets in the newly constructed building. Smith was employed by Lankford Construction Co., which was one of the subcontractors on this job.

On July 5, 2006, 36-year-old Smith assisted a truck driver in unloading the cabinets from a delivery truck at the job site.

In the process of unloading the cabinets, the truck driver dropped his end of a crescent-shaped cabinet weighing over 300 pounds, which caused Smith to wrench his back while trying to stabilize the cabinet and protect it from being gouged by the wall of the truck.

Continue reading