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Articles Posted in Premises Liability

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$3 Million Settlement for Pedestrian Injured When Truck Driver Failed to Yield the Right-of-Way

Jimmy Garcia, a 67-year-old retiree, had a history of subdural hematoma and skull fracture, which had caused him temporary cognitive impairment. Garcia was crossing a city street in a crosswalk when a floral truck owned and operated by George Seretis struck him after turning left out of a parking garage.…

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Illinois Appellate Court Determines Statement Falls within the Hearsay Exception Under Illinois Rules of Evidence 803

The Illinois Appellate Court for the 1st District has reversed and remanded a case decided in the Circuit Court of Cook County. In August 2011, Virginia Jahrke arrived at the health club belonging to Capital Fitness Inc. for her usual one-hour training session. After she finished her session, she went…

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Injured Motorcyclist Barred From Recovery Because of Release Signed by Plaintiff

Cynthia DeCornmier suffered serious injuries when she fell from her motorcycle on a motorcycle training course. Before the beginning of the training course, DeCornmier signed a release of all claims that may have resulted from or arising out of her participation in the training course. The release document stated in…

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Backing Truck Strikes Pedestrian, Resulting in $127,000 Cook County Jury Verdict

Sandra Gibbs hired the defendant Blu-Sky Industries to do work on a septic tank on her property at 30658 S. Ashland Ave. in Beecher, Ill. The Village of Beecher is located in Chicago-area suburbs in Will County, Ill. On Dec. 8, 2009, Gibbs, 31 years old at the time, stood…

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Attorney’s Lien Must Be Served on the Defendant, Not Merely on the Defendant’s Attorneys

The Illinois Appellate Court has affirmed a Cook County trial judge’s order regarding the effect of an attorney’s lien notice sent to a defendant’s attorneys rather than the defendant directly. Randy Brown was the owner and operator of a Harold’s Chicken Shack in suburban Broadview, Ill., until Jan. 15, 2009.…

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Illinois Appellate Court Reinstates Product-Liability Claim Against Distributor

The Illinois appellate court has reinstated a product-liability lawsuit against a distributor in which there was a default judgment against the manufacturer of the product. In this case, the manufacturer was not subject to jurisdiction, and the plaintiff wasn’t able to satisfy the judgment. Nevertheless, the court ruled that the…

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$400,000 Jury Verdict for Gas Station Patron Injured on Black Ice and Diesel Fuel

Allen Zunner got out of his car to pump gas at a convenience store gas station when he fell on black ice and diesel fuel, which had settled on the concrete pavement around the gas pump. Zunner, 53, suffered a massive torn right rotator cuff injury and underwent two surgeries.…

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Condominium Association Claims Faulty Masonry Work Caused Leaks in Construction

Late in 2002, the developer of 1717 S. Prairie Ave. in Chicago, Ill., retained the defendant Hansen & Hempel Co. to complete the masonry work for a 23-story condominium complex. When the building was nearly finished in March 2004, it started to experience water leakage. The condominium association, Board of…

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$19.8 Million Jury Verdict for Injuries When Gas Company Worker Chose Not to Check Gas Line That Resulted in Explosion

Pengxuan Diao rented a converted garage. An employee of Southern California Gas Co. arrived while Diao was sleeping to perform maintenance. The gas company employee opened a gas valve that activated an uncapped gas line running to the garage where Diao was sleeping. The Southern California Gas Co. employee left…

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$1 Million Settlement Reached for Injury to Elevator Worker Because of Safety Malfunction

A 33-year-old elevator mechanic’s helper (known only as C.E.) was working on top of a traction elevator in an apartment building in Broward County, Fla. Before starting, the elevator mechanic‘s helper engaged a safety stop switch to prevent the elevator cab from moving. When C.E. was holding onto a guide…

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