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Articles Posted in Damages

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$41.63 Million Jury Verdict for T-Bone Collision That Caused Quadriplegia

Anthony Taylor, 27, was a passenger in the back seat of a car. The car was stopped at a stop sign and then its driver proceeded through the intersection. Samantha Schillings’ car went through the other stop sign, causing a T-bone collision with the vehicle in which Taylor was sitting.…

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Illinois Appellate Court Finds That Class-Action Plaintiffs Had a Right of Action to Recover Expenses In Lead Toxicity Case

Mary Lewis, Tashwan Banks and Kathleen O’Sullivan filed a class-action lawsuit on behalf of themselves and others similarly situated against Atlantic Richfield Co., ConAgra Grocery Products Inc., NL Industries Inc. and Sherwin-Williams Co. claiming that these entities engaged in civil conspiracy. In addition, the plaintiff class consisted of parents or…

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$6.75 Million Settlement in Death of Passenger and Injury to Driver in Car Crash

Thomas Dempsey, 78, was driving his SUV on a busy four-lane highway during a cross-country trip. He exited the highway to use a restroom. His car approached a line of stopped cars, but he was unable to take his foot off the accelerator and swerved his SUV onto a grassy…

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Illinois Appellate Court Considers Product Liability Case Where Judgment Against Defendant is Uncollectible

The Illinois Appellate Court for the 1st District reversed and remanded a decision entered by a judge in the Circuit Court of Cook County. The issue on appeal was focused on a non-manufacturing defendant in a product-liability case. The defendant identified the manufacturer in order to be dismissed from strict…

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Illinois Appellate Court Reverses Finding That Arbitrator’s Award Accrues Interest on the Award from the Date it was Entered

In an uninsured motorist case, Holly Shakelford sued Allstate Fire & Casualty Insurance Co. for 9 percent interest on a $16,000 arbitration award. She was seeking the 9% statutory interest provided by Section 2-1303 of the Illinois Code of Civil Procedure. A more accurate term for Section 2-1303 is the…

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$7.5 Million Jury Verdict for the Injured Man Trapped Under a Pallet of Watermelons

In July 2015, Henry Walker, a retired Army sergeant, was at a Wal-Mart store in Phenix City, Ala., when his foot got caught in a wooden pallet and he fell, fracturing his foot and hip. He was 59 years old at the time of this accident. He sought damages against…

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U.S. District Court Decides That Punitive Damages Claim Allows Investigation into Corporation’s Books and Records

The issue in this case was whether the financial condition of Wexford Health Sources, the defendant in this federal lawsuit, is relevant for Federal Rule of Civil Procedure 26(b) to apply. This rule limits discovery to that which is “relevant to any party’s claim or defense.” If a corporate defendant’s…

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Illinois Appellate Court Affirms Claim for Punitive Damages for Negligent Hiring, Supervision and Retention in Sexual Predator Lawsuit

This was a pretrial hearing on the motion to add a punitive damage count to a complaint against the Catholic Bishop of Chicago for alleged negligent conduct in hiring, supervising and retaining a priest who allegedly abused John Doe when he was a third-grade student at St. Agatha Academy. The…

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$30.69 Million Jury Verdict for the Catastrophic Injuries Suffered by Motorist in Head-On Crash

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.…

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Illinois Appellate Court Affirms Jury Verdict of $1.3 Million in Car Crash Over Causation Objections of Defendant

On July 28, 2008 Mai Leen Aguilar-Santos was injured in a car crash alleged to have been caused by the defendant, Helen Brine. On April 1, 2010 the lawsuit against Brine was filed by Mai Leen Aguilar-Santos seeking to recover damages for her injuries caused in the accident. Mai Leen…

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