Justia Lawyer Rating for Robert D. Kreisman

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A 24-year-old pastry chef, Emily Fredericks, rode her bicycle from her apartment to her job at a restaurant in Philadelphia in November 2017.  As she approached an intersection, a garbage truck driven alongside her by Jorge Fretts, an employee of the waste disposal company Gold Medal Environmental, prepared to make a right turn across her path.

About 40 feet from the intersection, Fretts had passed a road sign telling drivers to “Yield to Bikes.”

Fretts chose not to yield or even check his surroundings and made the turn without using his turn signal. The truck struck Emily’s bike, knocked her to the ground and ran over her, crushing her chest. She died from her injuries.

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Jerry Troutwine, 46, was traveling eastbound on a two-lane local highway on a rainy and slushy morning. He was driving his employer’s vehicle.

Justin Nichols was traveling westbound in a dump truck filled with concrete when he lost control of his truck near a downhill curve. The truck’s brakes locked, and the truck crossed the centerline, colliding head-on with Troutwine’s vehicle.

Troutwine died as a result of his injuries. He had been a truck driver and mechanic earning almost $30,000 per year. Troutwine was survived by his wife and teenage daughter.

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Jaccolah Johnson was 66 and had limited mobility when she used the Metropolitan Atlanta Rapid Transit Authority (MARTA) mobility bus to get to appointments and other local trips.

On one occasion, Johnson attempted to exit the bus while carrying two bags with one arm and a Bible tucked underneath the other arm. Johnson refused the driver’s offer of assistance, and the driver stayed buckled into his seat.

She walked down the bus’s angled steps, lost her balance, fell down the steps, and hit the back of her head on the curb.

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Guitar Center sells musical instruments. It created a new brand of woodwind and brass instruments produced by Eastman known as “Ventus.”

Barrington owns the trademark “Vento,” which is used in relation to instruments it sells.  Barrington began using its mark in commerce in 2009 and achieved gross sales just under $700,000. Barrington filed for registration of its “Vento” mark in January 2010. In March 2011, Guitar Center began selling instruments using the “Ventus” mark, with gross sales totaling about $5 million.

Barrington filed suit against Eastman, Music & Arts, Guitar Center and Woodwind.

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Union Tank Car Co. relied on business records of third parties without any testimony from employees of those other companies to quantify damages caused by a breach of lease for 47 railcars.

An appeal was taken to the Illinois Appellate Court from a $1.27 million judgment entered in a Cook County bench trial. NuDevco Partners guaranteed the lease and argued that the trial court was wrong in ruling that Union Tank satisfied the requirement for the business records exception to the hearsay rule. NuDevco also claimed that the best-evidence-rule barred testimony about Union Tank’s wire transfers in payments to third parties.

The tankers were for shipping petroleum. The lessee, a subsidiary company of NuDevco, stopped paying rent and shipped the tankers back to Union Tank. To prove up freight, switching and storing charges, Union Tank presented invoices from its vendors, plus testimony from its director of fleet repair and the general manager of the lease division about receipts and payment of the bills.

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Plaintiff Frank Russo filed a lawsuit against the defendant, Corey Steel Co., to recover damages for injuries he suffered when a crane struck a lift in which Russo was working at the defendant’s plant. Corey Steel admitted liability, and the matter proceeded to a trial before a jury to deliberate solely on the issue of damages.

Following the trial, the jury signed a verdict in favor of Russo for a total amount of $9.9 million in damages. Corey Steel retained additional counsel, and as a result, the trial judge who presided over the trial recused himself of the post-trial proceedings.

Corey Steel filed a post-trial motion for a new trial on several grounds. The post-trial judge granted defendant’s motion for a new trial based solely on defendant’s argument that the trial judge erroneously allowed one of plaintiff’s experts to offer an opinion on plaintiff’s need for one future surgery. The trial judge had allowed the plaintiff’s expert’s testimony to stand. The post-trial judge denied defendant’s post-trial motion on the other grounds raised in the motion.

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Vilma Marenco, 54, was driving her vehicle through an intersection when a loaded 18-wheeler operated by Rodger Jones struck her car on the driver-side door.

She suffered fatal injuries in this crash. She had been a restaurant worker earning $25,000 per year and is survived by her husband and two daughters, one of whom is a minor.

Marenco’s estate sued the truck driver and his company owners including Elisa Fabiola Lopez and R&F Quality Transportation, claiming liability for the negligent entrustment and choosing not to supervise Jones. The suit also named Jones for his failure to obey and heed a red light.  Apparently Jones ran through a red light, which was a cause of the crash and unfortunate death of Marenco.

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In the case of Campbell v. Acme Installations Inc., highlighted in the April 2019 Illinois Bar Journal authored by Eric J. Muñoz, general jurisdiction for nonresident defendants is clarified.

In the Campbell case, the plaintiff brought a lawsuit against General Electric and other companies resulting from his alleged exposure to GE-manufactured industrial furnaces located at a Chicago steel company where he worked from 1964 to 1965. At the time of the filing of the lawsuit, GE was based in New York, and its principal place of business was in Massachusetts.

GE had been licensed to conduct business in Illinois since 1897. GE employed some 3,000 employees at 30 facilities that it owned, leased, or operated throughout Illinois. It also had six business units located in the state. GE’s annual sales from its Illinois operations “exceeded $1 billion, with a claimed economic impact in Illinois of $4.8 billion.”

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The Chicago Bar Association’s Public Affairs Committee, for which Robert Kreisman is chair, and the Administration of Justice Subcommittee, for which Mr. Kreisman is also the chair, presented a panel of three experts who dissected the Chicago Police Consent Decree at the Union League Club on April 24, 2019. The program was attended by more than 115 people, including Illinois Attorney General Kwame Raoul and two other district court judges, Honorable Ronald Guzman and Honorable Susan Cox. Lawyers in attendance received continuing education credit.

The panel of experts included University of Wisconsin law professor Linda Greene; Cara Ann Hendrickson, the state’s lead consent decree negotiator, now a partner at Massey & Gail LLP; and Karen A. Sheley of the American Civil Liberties Union (ACLU) and director of the Police Practices Project at the Illinois Chapter of the American Civil Liberties Union.

The forum was moderated by Robert Kreisman who also introduced Chicago Bar Association President Steven M. Elrod. Mr. Elrod addressed the audience as did David Kohn, executive director of the Union League Club.

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In a confidential report of this case, Mr. Doe, 47, was riding his bicycle to work in a designated bicycle lane when he was struck by a truck driven by the defendant, Roe Waste Hauling Co. The driver of Roe Waste Hauling was attempting to make a right turn into a driveway directly in front of Mr. Doe. Mr. Doe’s bicycle struck the side of the truck causing him to fall under its rear wheels. Mr. Doe died from these injuries. He had been a professor, earning approximately $85,000 per year, and was survived by his wife to whom he was recently married.

Mr. Doe’s wife sued the waste hauling company alleging that it was liable for its driver’s choosing not to avoid the collision while turning into the bike lane.

The defendant argued that Mr. Doe had been riding too fast and failed to pay attention to traffic conditions, including the garbage truck and its flashing lights.

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