Marilyn Adams had a long history of hip pain. In September 2010, she was diagnosed with advanced degenerative arthritis.

Her orthopedic surgeon recommended a total hip replacement. She was told that the Zimmer hip device implanted in January 2011 could be expected to last 15-20 years.

However, in late 2012, Adams started experiencing severe hip pain. The cause was not clear.  Her February 2015 revision hip surgery revealed the Zimmer implant had been discharging excessive and potentially toxic metal debris into Adams’s hip.

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The 7th Circuit United States Court of Appeals in Chicago affirmed a verdict by the U.S. District Court as to the injuries suffered by Donald and Mary Timm in July 2013.  During that time period, the Timms set off on a cross-country motorcycle trip on their Harley-Davidson motorcycle. The Timms’ route began at their home in Dyer, Ind., with a final destination at Salt Lake City, Utah.

While crossing through the state of Nebraska, the Timms suffered a catastrophic accident when their motorcycle’s rear tire sustained a puncture and rapidly deflated causing Donald Timm to lose control of the motorcycle and crash into a concrete median barrier.

Mary Timm flew off the motorcycle while Donald remained attached to the bike as it slid across the highway. Although both riders were wearing helmets, each sustained serious head injuries.  Donald sustained a traumatic brain injury as well as facial fractures and a cervical spine injury.

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The Illinois Appellate Court has affirmed the decisions of two Cook County judges related to the suit filed by SFG Capital LLC. The suit was filed against Patrick W. Kane in 2010; it was alleged that Kane defaulted on a loan. Following a consent agreement, the trial court entered a $783,000 judgment against Kane payable to SFG. In an attempt to satisfy the judgment, SFG initiated a citation to discover assets proceedings to identify available assets that Kane might have owned.

In 2012, William Platt, an estranged business partner of Kane, signed a promissory note for $1.2 million payable to Kane. The trial court ordered all rights, title and interest in the Platt note to be transferred to SFG on April 14, 2016, with instructions that SFG “may take such further action as necessary to enforce payment on the . . . note.”

Access Realty Group, the plaintiff in this case, acquired the SFG judgment by way of an assignment on April 14, 2017, and became the successor in interest to SFG. Platt is the sole shareholder of Access, as well as its president, secretary and registered agent.
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These consolidated appeals arise from an important issue facing professional athletics and contemporary culture as a whole. Former professional football players are developing significant neurological disorders after sustaining repeated concussions while playing football. Evolving scientific and medical research has uncovered a link between repeated blows to the head and developing Chronic Traumatic Encephalopathy and other neurological impairments.

The plaintiffs in these cases are former professional football players who have sustained numerous concussions and are suffering the attendant neurological impairments. They have already sued the National Football League in a federal class action case and have entered into a settlement with the NFL to address their grievances. The same former players, however, now seek relief from the defendants — the manufacturers and designers of the helmets they wore while playing football.  These plaintiffs alleged that the helmet manufacturers have long known about the dangers and the harmful effects of repeated concussive and sub-concussive traumas, but they never warned the users of their helmets about the dangers; instead, they represented that their helmets were protecting these players.

The defendant-helmet manufacturers moved to dismiss these cases on the ground that the cases are barred by the two-year statute of limitations covering personal injury actions in Illinois. In response, the plaintiffs argued that the cases were not time barred because the lawsuits were filed within two years of the players learning about the injuries for which they seek relief. The trial court found that, because the players had already sued the NFL more than two years before filing these cases, the players knew about their injuries and, therefore, could have sued the helmet manufacturers at the same time – more than two years before filing these lawsuits. Plaintiffs appealed the dismissal of their claims. The Illinois Appellate Court affirmed the plaintiffs’ claims were indeed untimely and upheld the dismissal.

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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.

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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.

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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.

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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.

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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.

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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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