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Articles Posted in Personal Injury

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Illinois Appellate Court Affirms Rejection of Bad Faith Claim in Million Dollar Insurance Policy Limit Lawsuit

The Illinois Appellate Court has ruled against a plaintiff who was blinded in one eye when a bar patron threw a bottle at him. The plaintiff was seeking to collect $1 million over the insurance policy limit of $1 million. In this case, the trial court had ruled that Orlando Valdez did…

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$1.85 Million Jury Verdict in Negligent Entrustment Lawsuit of Tow Truck Driver

Robin Chapman, 55, was driving to work when a tow truck owned by Super Dirty Recovery LLC and driven by its employee, Joseph McRaith, pulled out suddenly from a side street and collided with Chapman’s vehicle. Chapman suffered a broken left elbow, a fractured right ankle, broken ribs and a…

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$1 Million Settlement, But No Recovery as Insurer is Placed in Liquidation

James Richardson was seriously injured in an auto crash at 53rd Street and Western Avenue in Chicago, which resulted in a settlement for $1 million against Night Dream Inc. and Shaun T. Small. However, their Nevada-based insurer, Spirit Commercial Auto RRG Inc., was placed in liquidation before it funded the…

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Illinois Appellate Court Affirms Jury Verdict Denying Settlement Offer Based on Collateral Attack Doctrine

The Illinois Appellate Court for the First District has affirmed the jury’s verdict in a personal injury case. On Feb. 16, 2013, Joanna Tielke was bowling at a facility run by Kevin Killerman and 3124 N. Central LLC. Tielke slipped while bowling and fell, suffering a severe injury.  She filed…

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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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Reports of Incidents by Employees is Admissible Evidence When Claim is Made Against the Entity that Prepared the Report

Illinois lawyers sometimes struggle with discovery requests to produce incident reports. The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities. Suppose a customer at an automotive repair company is injured…

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$9.19 Million Jury Verdict Entered in Highway Crash that Caused Catastrophic Injuries to the Driver and Minor Passenger

Kerry Hogland was 36 years old when driving her sedan on a highway near Fredericktown, Mo. An employee of Town & Country Grocers of Fredericktown drove onto the highway from an on-ramp. The driver of the Town & Country Grocers vehicle did not heed a stop sign at the end…

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Illinois Appellate Court Affirms Dismissal of Lawsuit Because Plaintiff Failed to Exercise Reasonable Diligence in Obtaining Service on the Defendant

On July 18, 2010 Geraldine Mular was a guest of the home of Dawn Ingram. Mular fell into a backyard pool and was injured. No lawsuit was filed until July 16, 2012, just one day before the statute of limitations would have expired. The lawsuit named Ingram as the defendant.…

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Illinois Appellate Court Reverses Lake County, Ill., Court Dismissal of Wrongful Death Boating Accident on the “In-Concert” Theory of Liability and Negligent Infliction of Emotional Distress

The Illinois Appellate Court for the Second District has reversed a Lake County, Ill., dismissal of a personal-injury and wrongful-death claim against Rene Melbourn who was dismissed on motion under the Illinois Code of Civil Procedures, Section 2-615, for failure to state a cause of action. The plaintiffs appealed the…

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$9.36 Million Jury Verdict for Injured Bicyclist Who was Severely Injured in UPS Truck Collision

Scott Rankin, 37, was riding his bicycle on a two-lane rural, nonresidential road when he collided with the back of a United Parcel Service truck parked partially on the road. Rankin suffered serious injuries, the worst of which resulted in incomplete quadriplegia. He had been a band director earning about…

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