Marina Kolchinsky and her mother, Lidia Kolchinsky, were severely injured in a car collision with a tractor-trailer in Illinois. They sued the truck driver and the two companies that contracted with him. The Kolchinskys filed in federal court based on diversity of citizenship. Illinois law controlled. The district court entered…
On Feb. 16, 2017, Kevin and Anita Crawford died in an automobile crash along with one of their children. The remaining two children were placed in the care of Anita’s parents. Anita’s father, Irwin Schmidt, was named the executor of their estate on April 10, 2017. On Aug. 4, 2017,…
The Illinois Appellate Court for the Fourth District has overturned a $3.2 million jury verdict against a manufacturer in an asbestos death case. The appeals panel found that there was not enough evidence to show that a glazier’s contact with caulk and tape was a substantial factor in Willard Krumwiede’s…
Before the Illinois Supreme Court handed down its decision in Peach v. McGovern, there were differing Illinois Appellate Court cases about whether an expert was needed to testify about a photograph of post-accident vehicle damage before it could be admitted into evidence. The Peach decision held that expert testimony is…
This was a negligence lawsuit in which the defendant died two years after his discovery deposition. In this case, the Illinois Appellate Court was unanimous on the dispute about the Illinois Dead-Man’s Act, 735 ILCS 5/8-201. However, justices of the 5th District, Judy L. Cates and David K. Overstreet, disagreed…
Clarisha Benson and Lorenzo Smith each purchased an opaque, seven-ounce box of Fannie May chocolates for $9.99 plus tax. Benson purchased Fannie May’s Mint Meltaways and Smith purchased Fannie May’s Pixies. Although the boxes accurately disclosed the weight of the chocolate within, and the number of pieces in each box,…
A 3-year-old child, Doe, was on vacation with his family in a vacation rental home that included a fenced-in swimming pool. After dinner one night, family members found young Doe floating face down in the pool. Doe was resuscitated and air-lifted to a children’s hospital where he remained for one…
Barbara Kaiser had surgery to implant the Prolift Anterior Pelvic Floor Repair System, a transvaginal mesh medical device that supports the pelvic muscles. Within a few years of her surgery, she began to experience severe pelvic pain, bladder spasms, and pain during intercourse. Her doctor attributed these conditions to contractions…
Anthony Ellis, 21, was on a highway driving his motorcycle when he entered an intersection. Emily Trevino was driving in the opposite direction and waiting to make a turn. She turned left in front of Ellis. Ellis’s motorcycle and Trevino’s car collided and Ellis was thrown into a ditch. He…
Joao Junior’s car was stopped in a line of three vehicles when a car driven by Sharon Graham rear-ended the last vehicle in the line. Junior, whose car was destroyed, received treatment for a cervical strain after the crash. He was diagnosed with a herniated disk in his neck and…