Articles Posted in Wrongful Death

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Deborah Amling, personally and as personal representative for the Estate of Robert N. Amling, brought this lawsuit for the wrongful death of her husband against Harrow Industries LLC and others.

Amling and her husband, Robert, sued Harrow Industries and other businesses in Illinois state court for causing Robert to develop mesothelioma by exposing him to asbestos. Two years later, the Amlings sued Harrow again, this time in federal court, seeking a declaratory judgment on the meaning of an asset-purchase agreement between Harrow and another company, Nexus, also a defendant in the Amlings’ Illinois state lawsuit.

The federal district court judge thought the declaratory judgment action unripe and dismissed it. Even if it were ripe, the judge ruled in the alternative, she would decline to exercise jurisdiction over it. The Amlings appealed. Unfortunately, Robert died while this appeal was pending. Deborah now brings these state and federal lawsuits in her own right and as a representative of Robert’s estate.

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On Sept. 13, 2011, James Langholf, employed by Howe Freightways Inc., was driving a semi-tractor and trailer truck through Iowa when he heard a pop and felt the engine shake. He then noticed black smoke coming from the engine. He had the engine powered on but pulled off to the side of the road and called Howe’s director of safety and maintenance and the shop foreman for help.

Langholf could not restart the engine and was told to call Cummins, the manufacturing company for his truck’s engine, which had a repair shop nearby.

On advice from someone at Cummins, Langholf called Hanifen Co. in Des Moines to get a tow. Hanifen was 53 miles away and farther than two other tow companies. Two trucks were dispatched, as two were needed to tow the semi-tractor and trailer.

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Elwood Breaux Jr. was working for Plaquemines Parish when the “zipper failure” occurred, the name for a long sidewall rip with protruding metal reinforcement. With air escaping from the tire, Breaux was thrown backward and severely injured. He died 28 days after this occurrence on Feb. 5, 2014 of massive internal injuries to his chest and abdomen caused by the exploded tire. This case was tried before a judge in the Louisiana state district court.

The judge calculated damages to Breaux, his five children and his wife, at $6.7 million, saying about $481,000 of that will reimburse the parish for the workers’ compensation lien.

Louisiana state law will return some of that to the family’s share and judicial interest or add at least $1.4 million to the total. Attorney Danny Meeks represented the Breaux family in this tragic case.

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