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Alleged Spoliation of Evidence
Plaintiffs, Terry Martin, Ardith Wynn, and Rickey Vanover were working on a bridge in Sparta Illinois. While working on the bridge, a concrete I-beam used to support the bridge deck which they were...
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Vehicle Owner's Policy is Primary
S&S Service Company performed maintenance and repair service on a fleet of Coca-Cola trucks. Typically the service occurred at Coca-Cola’s bottling plant but sometimes S&S needed to take the...
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Proximate Cause in Auto Accident
Dennis Hernandez was a truck driver for MTV Networks and caused an accident which closed the northbound lanes of Interstate 57 for several hours and created a traffic jam that went back for...
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Responding to Questions on Referrals
Clients hire Hennessy and Roach for two reasons. First, we are good at what we do. I say that because we have a real track record of success that we can point to, our fees are reasonable and we...
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Children and Premises Liability
On July 30, 2003, the plaintiff, 12 year old Dominic Choate, was injured when he attempted to jump onto a slow moving freight train. As a result, his leg was amputated below the knee. He filed suit...
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Borrowed Employee of U.S. Postal Service
Billy Couch -a truck driver employed by B&B Trucking, a U.S. Postal Service Contractor, was injured when a U.S. postal worker ran over his foot with a forklift. Two years later Coach died from...
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Foreseeability Issues -Products Liability
Geronimo Perez, plaintiff, appealed from a Du Page County Circuit Court grant of summary judgment to defendant JLG Industries, in his suit against the manufacturer of a scissor lift which he fell from...
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Distraction as an Exception to Open and Obvious
Norma Waters, plaintiff, appealed from a Cook County Circuit Court grant of summary judgment to defendant, City of Chicago, in her personal injury suit that charged the city with negligence in...
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Proper Notice for the Common Fund
Al Wajnberg and Dayna L. Wunglueck were involved in a car accident in 2007. Wajnberg's insurer, Erie Insurance Co.www.erieinsurance.com, paid $10,000 toward Wajnberg's medical expenses. Erie then...
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Forum Non Conveniens and Turkey Plane Crash
In 2007, an Atlasjet Airlines plane crashed into a mountain located in Turkey. Relatives of 32 victims filed a products liability suit in Cook county Circuit Court against the airplane’s manufactures,...
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"Cooperation" and Failure to Appear at Arbitration
United Automobile Insurance Company (United)www.unitedautoinsurance.com insured Rodney Buckley whose car collided with Hal Haywood’s car. Haywood filed a personal injury suit. After Buckley did not...
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Deliberate Counter Exception
The plaintiff, Paul Swearingen, was a truck driver, who delivered a tanker full of chemicals to the defendant, Momentive Specialty Chemicals ww2.momentive.com/home.aspx. Swearingen parked in the...
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"Alternative Liability" Doctrine
Passengers in a minivan were injured in a two-car collision. The passengers sued both drivers of the vehicles. The jury found no negligence on the part of both drivers. The judge granted the...
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Sole Negligence Exclusions
Walsh Construction was the general contractor for an Illinois water reclamation district construction project. Luise, Inc. was a subcontractor of Walsh. Walsh requested coverage as an additional...
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Walking Outside the Crosswalk
While crossing a Chicago street, Beverly Longo strayed outside the crosswalk and was hit by a Chicago Transit Authority (CTA) bus. She claimed that she could not cross within the crosswalk because...
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Exculpatory Agreements and Charitable Organizations
Plaintiff, Andre Johnson, voluntarily enrolled as a beneficiary in defendant, Salvation Army’s, adult rehabilitation program. The treatment program included assigned job responsibilities. During the...
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Open and Obvious Stairwell
On November 8, 2004, plaintiff, Donald Van Gelderen, was at defendant, David Hokin’s home, installing automated window coverings. As Van Gelderen was leaving the house, he fell down a flight of...
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Blogging Jurors
The estate of Scott Eskew filed a negligence claim against defendants, Burlington Northern Santa Fe Railway Company (BNSF) and Metra, after Scott was killed by a Metra train. In 2009, a Cook County...
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30 Day Removal in Federal Court
According to 28 USC §1446(b), a defendant has 30 days from the service of summons to remove the case to federal court. The case cannot be removed unless all the defendants consent to removal....
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The Power of Supreme Court Rule 237
The Illinois Appellate Court for the First District, Third Division, has affirmed a ruling by Judge Laurence J. Dunford of the Cook County Circuit Court. In Interstate Bankers Casualty Company a/s/o...
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