Justia Lawyer Rating for Robert D. Kreisman

by

The issue in this case was whether there was a material breach under Illinois contract law as to American Guardian Holdings or AGH. AGH claimed it was excused from having to pay the final installments totaling $11 million for Steven Freedman’s shares in AGH because it was alleged that Freedman breached restrictive covenants in a settlement agreement.

When AGH agreed to redeem Freedman’s shares in AGH, it insisted on non-competition, non-solicitation and non-interference covenants to block Freedman, his son Max and any of their businesses from competing against AGH in selling “vehicle service contracts” or “extended warranties” through auto dealers.

Freedman’s other businesses included a brokerage that provided policies to owners of recreational vehicles, plus a personal-and-commercial-lines insurance agency called American Integrity Insurance Solutions, or AIIS, which was run by Freedman’s son, Max.

Continue reading

by

The Third District Appellate Court, in its written order issued on Oct. 16, 2019, affirmed a Tazewell County judge’s decision to grant summary judgment in favor of Pottsie’s Place. The appeals court ruled that the plaintiff, Jeffrey Smith, did not present any evidence showing the bar had a duty to take additional steps to prevent customers from being injured by a heater.

The premises liability case was brought against the bar, Pottsie’s, alleging that the bar chose not to take action to protect its patrons from potential injury when its employees placed a written warning above an outdoor heater.

“Requiring Pottsie’s to take further steps in addition to the clear and prominent warning it provided would essentially render Pottsie’s an insurer of its invitees’ safety, which would be unduly burdensome and contrary to the law,” according to the opinion written by Justice William E. Holdridge.

Continue reading

by

David Lee Johnson, an employee of Universal AM-CAN Ltd. and Louis Broadwell LLC, was driving a truck owned by his employers above the speed limit while on a suspended license.  Johnson crashed his vehicle into a Jeep in front of him driven by the plaintiff, James Denton.

The crash pushed Denton’s car into a semitrailer tractor truck. Denton eventually managed to crawl out of the rear passenger window, but he suffered multiple traumatic injuries, including severe nerve and spinal damage. He required nine surgeries that were not altogether successful. His injuries have left him with a neurogenic bladder and he is unable to work. Denton also was required to see a counselor for depression and anxiety.

The driver of the truck, Johnson, had nine traffic-related offenses in the seven years before applying to work at Universal as well as four counts of felony reckless aggravated assault when he tried, with a wooden club, to break the headlights of the car occupied by four women who he claimed were tailgating him.

Continue reading

by

William Clay, 67, went to a car dealer to help his son purchase a car. As he stood by a raised vehicle in the dealer’s garage, an employee operating a hydraulic vehicle lift lowered the car onto Clay’s right foot.

He suffered crush fractures to three toes, which required amputation within two weeks of the incident. He now suffers pain when walking, has a limp and uses a cane. His medical expenses were more than $31,300.

He sued the operator of the dealership, Shako Mako Inc., and the premises owner, Nahla LLC, alleging that these defendants negligently allowed Clay to access the garage area without warning of the hazard posed by the elevated vehicle.

Continue reading

by

Alfred Bennett and his wife filed a lawsuit against Ford Motor Co. on behalf of Alfred who had been a mechanic there. He claimed he was exposed to asbestos in handling auto parts. This case was tried in the City of St. Louis, 22nd Judicial Circuit. The jury’s verdict of Aug. 30, 2019 was for $5.725 million in actual damages to Alfred and $708,000 to his wife and $2 million in punitive damages.

Bennett was a mechanic at Ford, Mercury and Lincoln dealerships from the 1960s until the 1980s.

During those decades, he came into regular contact with brakes, gaskets, clutches and original equipment manufacturer replacement parts, which allegedly exposed him to asbestos.

Continue reading

by

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.

Continue reading

by

Andrea Laing, 23, was walking northbound along a sidewalk platform at a Portland, Ore., “Max” light rail station. She crossed the eastbound tracks to board a stopped westbound train and was struck by an out-of-service eastbound train that was entering the station.

Laing suffered facial and rib fractures; internal injuries, including injuries that required the removal of her spleen; a severed left leg and skin injuries. Her medical expenses were $800,000 and she missed approximately five months from her job as a retail worker earning $12 per hour.

Laing sued TriMet, the rail system’s operator, and Gabe Sutherland, the train operator of the eastbound train. It was alleged that Sutherland had chosen not to sound a four-second audible warning as the train approached the platform. It was also maintained that Sutherland elected not to apply principles of defensive driving in the operation of the train.

Continue reading

by

Jorge Amparo was traveling on an interstate highway in rainy conditions during heavy traffic. Evans Delivery Co. driver Jose Ayala was operating an 80,000-pound tractor-trailer in the roadway’s middle or left lane while he was talking on his cellphone.

As Amparo stopped for traffic in the left lane, Ayala’s tractor-trailer rear-ended his vehicle, causing it collide with another vehicle in front of him.

Emergency workers used the Jaws of Life to extract Amparo who was taken to a nearby hospital. He underwent a discectomy to treat a herniation at L5-S1 and required physical therapy and rehabilitation.

Continue reading

by

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.

Continue reading

by

On April 10, 2014, two Chicago police officers noticed a car without a front license plate, and they attempted to pull it over. The vehicle, which was being driven by Glenn Jones, was owned by Dalia Smith who was a passenger in the car.

As the Chicago police officers attempted to curb the vehicle, Jones suddenly accelerated, driving up to 70 mph down a two-lane street with a 30-mph speed limit. The car he was driving ran through stop signs and a red light.

The police officers followed for four blocks at speeds up to 55 mph before disengaging. However, as the police officers were stopping, the Jones vehicle struck another car containing Kelly Winston and her daughters, Kayla and Kyla. Video of the crash showed that the entire incident, from the police attempting to curb the Jones vehicle to the time of the collision, lasted only about 20 seconds. Jones and Smith were both killed in the crash.

Continue reading