Articles Posted in Wrongful Death

by

The family of a 7-year-old boy who died in a boating incident on the Chicago River will receive $31 million. This settlement is reported to be the highest reported Illinois settlement for the wrongful death of a minor. This is according to the Illinois Jury Verdict Reporter.

Mariana M. Ochoa sued Heidelberg North America, its subsidiaries Heidelberg Materials Midwest Agg Inc. and HM US Services LLC and Captain Kenneth L. Stubbs in the Circuit Court of Cook County on behalf of the estate of the minor child, her son.

The lawsuit stated that Victor Lobato Ochoa died in 2020 after the motorboat capsized in which he was a passenger. The Ochoa boat was hit by a series of river wakes in the Chicago River’s south branch. This occurred in a “no-wake zone.” The wakes were caused by a towboat driven by Captain Stubbs; the towboat was pushing a barge, according to the 6th amended complaint. Both the towboat and the barge were operated by Heidelberg.

Continue reading

by

As Mr. Doe, 51, was crossing a street inside a crosswalk, he was hit by a vehicle operated by Mr. Roe. Mr. Doe was dragged after impact for approximately 50 feet and suffered extensive injuries, which included skull and facial fractures, abrasions and lacerations, and contusions to his back, chest, and flank.

Unfortunately, Mr. Doe later died of his injuries and was survived by his mother.

The lawsuit alleged that Roe had chosen not to keep a proper lookout, maintain a reasonable speed, and yield to a pedestrian. Roe denied liability.

Continue reading

by

Zoe Rosenthal, 53, was walking in a crosswalk at an intersection. Charles Davignon turned left in his vehicle at the intersection and hit Rosenthal, knocking her to the ground. Sadly, she died of her injuries two days later.  She was survived by her two adult daughters and a granddaughter.

Her daughters, on behalf of her estate, sued Davignon, alleging he negligently operated his motor vehicle and chose not to yield to a pedestrian in a crosswalk.

The lawsuit also claimed that Davignon Real Estate Agency and Davignon Property LLC were vicariously liable for Davignon’s negligence because he was in the course of his employment at the time of this incident.

Continue reading

by

The Illinois Appellate Court has affirmed the general verdict in a second jury trial. The first jury trial resulted in a hung jury.

The plaintiff’s decedent had been admitted at a young age to multiple nursing homes and hospitals with an incurable, fatal neurodegenerative disease. The estate for the plaintiff filed a negligence lawsuit against one of the decedent’s treating physicians, maintaining actual claims under the Illinois Wrongful Death Act and the Survival Act.

The plaintiff’s estate alleged that the decedent was abused and neglected at her last nursing home, which defendant chose not to report.

Continue reading

by

Doe, a 42-year-old laborer, was installing air pollution control equipment in a confined space at a Massachusetts factory.

The equipment consisted of a 12-foot, two-piece wheel that weighed 1,000 pounds when fully assembled.

After Doe removed the wood block that supported half of the wheel while it was suspended by a sling from a forklift, the wheel swung toward Doe and struck him.  The contact caused multiple fractures and a severe left arm injury.

Continue reading

by

Steven Parker was an employee of Black Toppers Inc. when he was driving on Interstate 95 in a Black Toppers truck pulling a loaded flatbed trailer owned by Sam’s Paving. Parker lost control of his truck, which swerved to the right, and over-corrected, which led to him crashing through the highway’s guardrail.

Parker’s truck collided head-on with Carlos Mendez’s vehicle.

Mendez, 28, was killed in the crash. He was survived by his common-law spouse and five minor children. Mendez had been an electrician earning approximately $40,000 per year.

Continue reading

by

M Construction Ltd. was doing utility construction, including digging a 9-foot trench to place pipes in the ground. The company’s foreman instructed employees to enter the trench to dig under a pipe.

The unprotected trench collapsed, killing Rigoberto Tovar, an M Construction employee.  He was just 25 years old and was survived by his wife and stepdaughter.

Tovar’s wife, individually and on behalf of his estate, sued M Construction Ltd., alleging it negligently ordered its employees to work in an unprotected trench and chose not to properly train workers on trench safety.

Continue reading

by

In January 2018, a blowout and well fire took place on a Pryor 1H-9 oil rig that trapped five men, including Josh Ray, 35, and Cody Risk, 26. The workers were trapped inside a so-called doghouse, which is a safe house within the rig that is designed to provide protection in case of a fire.

Unfortunately, unable to escape, the two men died from thermal burns and soot inhalation.

Ray had been a driller and was survived by his wife and minor child. Risk had been a floor hand and was survived by three minor children.

Continue reading

by

Jacob Hourmouzus was a 17-year-old high school student when he attempted to rescue his dog, which had jumped into an irrigation canal under a metal footbridge on private property. As Jacob and the dog began to be swept away in the canal, he grabbed onto the bridge, which was electrically energized with 240 volts of power. Jacob suffered an electrical shock. He was taken to a hospital for treatment but he later died. Jacob was survived by his parents.

Jacob’s parents sued Solano Irrigation District, a public utility, alleging negligence for choosing not to properly ground the metal footbridge, which caused the bridge to become electrically and dangerously energized.

The lawsuit also alleged that the public utility defendant should have placed private property signs on the bridge to warn of its danger.

Continue reading

by

Tyrone Lawson, 17, was the son of the plaintiff, Pamela Wright-Young, when he  was fatally shot outside a high school basketball game.  As the administrator of her son’s estate, his mother brought this wrongful death and survival action lawsuit against the Board of Education of the City of Chicago (Board) and the Chief of Police and Student Services for Chicago State University. The university’s Jones Convocation Center was the venue in which the basketball game was held.

Throughout the pendency of this case, the trial court rejected various statutory immunities asserted by the Board. The case was tried and a jury concluded that the Board was liable, but the Chief of Police of Chicago State University was not. The jury signed a general verdict in favor of Wright-Young for damages in the amount of $3.5 million. The Board appealed.

The Illinois Appellate Court concluded that the trial court erroneously rejected the Board’s claim of absolute immunity with respect to most of the theories of liability presented at trial, as those theories all related to the Board’s choosing not to provide adequate police protection services.

Continue reading