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Illinois court on whether gas company had notice of gas leak

In Turner v. Illinois Gas Company, No. 2-08-0878, the plaintiffs brought suit after they were seriously injured when their rental home was destroyed by a natural gas explosion. The plaintiffs alleged that the defendant was liable for their injuries due to its negligent failure to inspect the gas piping in their home and warn them […]

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Illinois court holds store not liable for slip and fall caused by floor mat

The United States District Court for the Central District of Illinois addressed the issue of a store owner’s liability for a shopper’s slip and fall allegedly caused by a loose floor mat in Gentry v. Shop’n Save Warehouse Foods, Inc., — F.Supp.2d —-, 2010 WL 1433410 (April 7, 2010). In Gentry, the injured plaintiff was […]

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Illinois Court considers timely service issue in workers’ compensation appeal

In April, the Third District Appellate Court of Illinois handed down an interesting decision regarding the issue of whether the appellant timely served the summons in his appeal of a decision issued by the Illinois Workers’ Compensation Commission. In Hagemann v. Illinois Workers’ Compensation Commission, No. 3–08–0989WC, one of the defendant-appellees (Sherman) asserted that pursuant […]

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Illinois Court Holds Expert Testimony Required for Strict Liability Claim

The United States District Court for the Northern District of Illinois, in Show v. Ford Motor Company, No. 08 C 3081, considered the issue of whether, in the absence of expert testimony, the plaintiffs established a prima facie case for strict liability against an automobile manufacturer. In Show, the plaintiffs, a driver and passenger who […]

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Chinese Drywall Claims Resulting in Personal Injury Lawsuits

Beginning in 2004, drywall manufactured in China was imported to the United States and installed primarily in the walls of houses in the South. The drywall was used in many homes and buildings in New Orleans during the efforts to rebuild after Hurricane Katrina. Unfortunately, the Chinese drywall was defective and breaks down in hot, […]

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Wrongful Death Claim Filed As a Result of Massey Mine Blast

Last month a tragic explosion in a Massey coal mine in West Virginia resulted in the deaths of 29 coal miners. In mid-April, as reported in this New York Times article, the first wrongful death lawsuit was filed on behalf of a widow of one of the miners. Marlene Griffith alleged in the lawsuit that […]

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Wrongful Death Compensation Calculations

Ronald Miller at the Maryland Personal Injury Lawyer blog recently discussed an interesting Chicago Law Review article, Dollars and Death, 72 U. Chi. L. Rev. 537 (2005). The article is authored by Eric Posner (Judge Richard Posner’s son) and Cass Sunstein. In the article, the authors examine ways to make wrongful death compensation more uniform […]

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Family of Worker Killed on the Job can Sue Third Party -Logo Liability Imposed on Owner of Truck

By Howard Ankin Illinois attorneys might be surprised by the recent holding of the state Appellate Court that allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ […]

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Illinois Court Considers Causation for Plaintiff’s Back Injury

In Hardlannert v. Illinois Central Railroad Company, No. 1-09-1291 (April 19, 2010) Cook Co., 1st Div., the plaintiff, a railroad conductor, was injured on the job when he attempted to open a train knuckle, which is the device that allows railcars to be coupled. He filed suit under the Federal Employer’s Liability Act (FELA) (45 […]