Justia Lawyer Rating for Robert D. Kreisman

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Circuit Court Judge Marcia Maras has ruled that the prejudgment interest law that went into effect in 2021 is unconstitutional.

Under this law, plaintiffs in personal injury and wrongful death lawsuits are able to collect 6% interest against defendants from the time the lawsuit is filed until it is disposed of.  All cases challenging the constitutionality of the law were consolidated before Judge Maras.

Her long-awaited ruling, an advisory opinion that does not set precedent, arose from a medical negligence case in the preterm birth of twins.

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Robin Chapman, 55, was driving to work when a tow truck owned by Super Dirty Recovery LLC and driven by its employee, Joseph McRaith, pulled out suddenly from a side street and collided with Chapman’s vehicle.

Chapman suffered a broken left elbow, a fractured right ankle, broken ribs and a fractured fibula.  She required three surgeries and continues to suffer from pain and mobility problems.

Chapman sued Super Dirty Recovery, alleging that it had negligently entrusted its vehicle to McRaith, who did not hold a valid driver’s license and allegedly had a criminal history.

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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.

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The Illinois Supreme Court held that it lacked appellate jurisdiction to review a trial court order because the order was not final. In this matter, the plaintiff, Clifton Armstead, was a semi-truck driver working for a Pennsylvania-based company. Armstead was injured in Illinois by another semi-truck operated by Derrick Roberts. Armstead filed a workers’ compensation claim with the Pennsylvania Department of Labor, which led to the signing of an agreement settling the workers’ comp claim.

The agreement stated that Armstead suffered from a right knee strain but no other injuries.

Armstead concurrently filed a negligence action in Grundy County, Ill., against Roberts and his employer, National Freight. The trial court granted a partial summary judgment in the defendant’s favor, determining that the workers’ compensation agreement included a judicial admission precluding Armstead from asserting injuries other than a right knee strain. The Illinois Appellate Court affirmed.

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On May 11, 2018, Alyce L. Richards and Joshua T. Wilson were involved in a car crash. Richards was injured and Wilson died.

On May 6, 2020, Richards filed a lawsuit, five days before the statute of limitations expired, alleging that the crash was caused by Wilson’s negligence.

Richards was aware at the time of filing that Wilson was deceased, and he was named as the only defendant. On May 20, 2020, Richards moved to appoint a special administrator, and Kimberly Vaca was appointed. Vaca moved to dismiss pursuant to §2-619 of the Illinois Code of Civil Procedure, arguing that the lawsuit was not filed within the two-year period and thus was time barred.

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Jeffrey Newton, 52, was driving his motorcycle through an uncontrolled intersection. While in the intersection, Steven Giambruno was driving a semi-truck as part of his employment with Freight Logistics Inc. Giambruno allegedly turned left in front of Newton.

The motorcycle and the truck crashed and Newton was ejected from his motorcycle and landed on the pavement.

He sustained a fractured left hand, fractured ribs and a pneumothorax, which is a collapsed lung.

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Jennie Pagan, 40, was driving home from work. While she was stopped in traffic,  Alain Chil Gonzalez, rear-ended her Sedan in his pickup. Pagan suffered a herniated disk at C5-6, which required physical therapy, pain management and disk replacement surgery. Her past medical expenses totaled $186,300. She is no longer able to participate in physical activities with her young daughter.

Pagan sued Gonzalez, alleging negligent operation of the pickup truck. Pagan did not claim lost income.

The jury signed a verdict for more than $4.98 million.

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Amy Skiba, 43, was driving with two children, both 12 years old, when an oncoming driver lost control of his vehicle, crossed the center line, and struck Skiba’s vehicle head-on. Skiba suffered fatal injuries. She was survived by her husband and three children, one of whom is an adult.

Skiba’s adult child and representative for the two minor children sued Eaton Asphalt Paving Co., which completed a resurfacing project on the road approximately two months before this incident.

The Skiba family asserted that the defendant pavement company negligently performed the project by choosing not to mill the road and install a safety wedge as required by its contract with the Kentucky Transportation Cabinet.

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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.

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The Illinois 1st District Appellate Court affirmed a decision of Cook County Judge Patricia Sheahan regarding a motion to dismiss the lawsuit brought by Charles Arbogast who was injured working as a photographer in a designated photo well at Wrigley Field.  Arbogast fell on a stack of pallets that photographers stood on to take photographs during the game. He was injured when  he fell.

Arbogast filed suit against the Chicago Cubs Baseball Club LLC, Chicago National League Baseball Club Inc. and Chicago Cubs Inc. (collectively, Cubs).

The Cubs moved to dismiss, arguing that the media credentials Arbogast possessed contained language that constituted a contract with a valid and enforceable arbitration agreement mandating that the case be resolved through binding arbitration in New York.

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