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Articles Posted in Damages

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U.S. Court of Appeals Affirms $2.25 Million Jury Verdict for Underinsured Motorist Coverage Claim and Breach of Contract

Donald Etherton was injured in a rear-end car crash. The other driver’s insurer settled with Etherton for $250,000, which was the insurance policy limits. Etherton entered a claim to Owners Insurance Co., his underinsured motorist coverage insurer, which had limits of $1 million. He requested that the company pay up…

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Answer to Interrogatory Raises Insurance Policy Limits in Injured Worker Case to $1 Million-Enough to Pay Jury’s Verdict

In 2006, Kipling Development Corp. was building a home in Will County, Ill. Kipling was the general contractor on the job.  The firm hired subcontractors to handle specific pieces of the job, including Speed-Drywall and United Floor Covering. A service technician, Brian Harwell, entered the worksite to replace a furnace…

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U.S. District Court Did Not Abuse Its Discretion in Awarding Sanctions in the Form of Attorney Fees and Costs for Discovery Violations

The 7th Circuit Court of Appeals in Chicago has affirmed a district court decision where sanctions were allowed in the form of attorney fees. The court of appeals stated that under Federal Rule 37, sanctions may include an order to pay the amount of reasonable expenses incurred in preparing the…

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Illinois Appellate Court Rules That Kotecki is Not an Affirmative Defense to a Contribution Action

The Illinois Supreme Court case of Kotecki v. Cyclops Welding, 146 Ill.2d 155 (1991) is the decision by the court that stands for the law that an employer may avoid contribution liability by waiving its lien under Section 5(b) of the Workers’ Compensation Act. This is in reference to the…

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U.S. Court of Appeals Finds That Insurance Policy Provided for a Defense When a Third-Party Claim Arose Against the Insured

The United States Court of Appeals for the Seventh Circuit in Chicago has affirmed in part and reversed in part the district court’s decision regarding a third-party lawsuit. Sam Chee was driving with his wife, Toni Chee, in August 2010 when their car slammed into a tree. Toni was seriously…

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New Trial On Damages Ordered by Illinois Appellate Court in Car Accident Case

Miguel Klesowitch filed a lawsuit against the defendant Chiquita Smith to recover for damages allegedly suffered as a result of the defendant’s negligence.  The trial judge granted summary judgment in favor of Klesowitch on the issue of defendant’s negligence only, leaving consideration of whether any of the plaintiff’s conduct was…

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$21.5 Million Jury Verdict is Thrown Out Because of Questions About Truthfulness and New Evidence

A federal judge in Seattle threw out a $21.5 million jury verdict that was entered in favor of an Illinois man who claimed he was injured during an around-the-world cruise in 2011. The jury’s verdict was thrown out when the individual’s former assistant came forward to say that he had…

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