April 27, 2011
An amusement park in Norridge where a 3-year-old twin boy died on a roller coaster remained closed by state inspectors Monday, while the family tried to help the surviving brother cope with witnessing the tragedy.
Reports also revealed that at least three other passengers have been hurt by the Python Pit roller coaster at Go Bananas amusement park in recent years, suffering mostly minor injuries. One attorney, who filed a lawsuit against the park this year over one of those incidents, questioned the safety of the ride.
Jayson Dansby, 3, of Dolton, was riding with his twin brother Saturday night when he somehow got underneath the safety restraint, fell between two cars, then dropped a few feet to the floor, suffering head injuries, police said. Police believe the boy met the ride’s size requirement.
Police and state regulators closed the indoor amusement park at 4516 N. Harlem Ave. after the incident.
Six rides at the park, including the roller coaster, had passed annual inspections and gotten permits from the Illinois Department of Labor Dec. 15, spokeswoman Anjali Julka said. But the park will remain closed until all the rides are reinspected, she said. She also expected investigators to interview the child’s family, park operators and police.
April 26, 2011
The mother of a girl allegedly injured during a fall at circus camp filed a lawsuit Monday against the Circus and the Skokie Park District.
Linda Braun claims her daughter, Eliana Braun, was injured July 7, 2009, when she fell from a cloud wing during a circus camp at Middleton School at 8300 S. St. Louis Ave. in Skokie, according to a lawsuit filed in Cook County Circuit Court.
Eliana Braun suffered serious damage to her teeth, including the loss on an adult tooth, from the fall, according to the lawsuit.
The lawsuit claims the Acrofabulous Circus LLC and the Skokie Park District organized, operated and controlled the event. It claims they failed to adequately supervise camp participants, didn’t provide proper padding on the floor and failed to provide adequate spotting.
April 25, 2011
A highly recommended event about a highly on-topic book and subject. As a board member of the Pasfarda Arts and Cultural Exchange Organization, I am proud to invite all my friends and colleagues to this event.
Thursday, April 28, 20117:30pm – 9:00pm Women & Children First Bookstore
5233 N. Clark St. Chicago, IL 60640
In a program arranged and co-sponsored by Pasfarda Arts and Cultural Exchange, Mary Hudson, the wife of the deceased author of Misogyny, renowned Irish journalist and author Jack Holland, will be present to talk about her husband’s book.
Holland set out to answer a daunting question: how do you explain the oppression and brutalization of half the world’s population by the other half, throughout history? The result is an eye-opening journey through centuries, continents and civilizations as it looks at both historical and contemporary attitudes toward women.Misogyny encompasses the Church, witch hunts, sexual theory, Nazism, pro-life campaigners, and finally, today’s developing world, where women are increasingly and disproportionately at risk because of radicalized religious beliefs, famine, war, and disease.
via Pasfarda Event.
April 25, 2011
Personal injuries resulting from Chicago Police Brutality cases are common enough and are the result of a variety of events. The allegations in the Chicago personal injury lawsuit filed by the plaintiffs in the case illustrated below are particularly egregious.
On a summer evening six years ago, Jose Fematt and his younger sister did what most kids do as the day fades — they changed into their pajamas and planted themselves on the front-room couch to watch television.
Outside the three large windows of the first-floor apartment, Jose, 13, who was baby-sitting his sister, heard a commotion and saw the glow of flashlights in the dark. Suddenly, the family’s apartment door crashed open, and plainclothes Chicago police officers barged in with their guns drawn and yelling at the stunned children, according to a recently filed lawsuit.
The officers were part of the Special Operations Section, or SOS, an elite squad that investigated drugs and guns. They were also rogue cops who were later convicted of terrorizing numerous residents with home invasions, illegal searches and trumped-up charges in one of the department’s most infamous scandals. The unit was disbanded in 2007.
On that August 2005 night on the Northwest Side, the SOS officers separated Jose from his sister and handcuffed him so tightly that his wrists swelled, according to a lawsuit filed this month in federal court.
April 22, 2011
In Chicago personal injury cases involving food, the owners and managers of a restaurant where food is served to the public at large, have a duty of reasonable care towards their patrons and in an event where they have been notified that a person has allergies, have a duty to warn that person of the ingredients contained in the food they serve, of which they are aware, that will cause certain allergic reaction.
This is a simple duty. If you you are the restaurant owner and someone tells you that they are allergic to peanuts, and your food contains peanuts, you must tell that person of that fact. If you do not, and the person eats the food and die, then you have failed in your duty of reasonable care. It is really not that difficult and/or complicated.
That does not mean that the potential victim is off the hook and has no duty. Each of us, as members of this society have a a reasonable duty of care for our own safety. That is, when you are aware that Chinese Food may contain peanuts then you must take all reasonable precautions to ascertain that which you are served is not going to hurt you.
In the Chicago personal injury case illustrated below, the restaurant allegedly was notified of the presence of allergies but failed to tell the person that their food contained those allergens.
Thomas A. Edison Regional Gifted Center Katelyn Carlson, 13, died after eating peanuts inside food her seventh grade teacher ordered from Chinese Inn Restaurant for a Dec. 17, 2010, class party, according to a suit filed in Cook County Circuit Court.
The suit claims the teacher told an employee of the Chinese Inn Restaurant the food was for a class party and students in the class had peanut allergies and the restaurant agreed to provide food that was free of peanut oils, peanut derivatives and peanut flavorings.
Carlson, 13, of the 6100 block of N. Karlov Ave., was pronounced dead at 5:40 p.m. Dec. 17, 2010, at Children’s Memorial Hospital, according to the Cook County Medical Examiner’s office. An autopsy determined she died from anaphylaxis (severe allergic reaction) to food allergy and her death was ruled an accident.
The suit claims Chinese Inn Restaurant, 7505 N. Milwaukee Ave. in Niles, provided food containing peanuts or peanut products, carelessly prepared the food and failed to warn the purchasers of food not capable of being prepared free from peanut products.
via WLS 890AM.
If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.
April 21, 2011
To all my colleagues, friends and not so much friends, this tragic tail is a perfect example of rare and unforeseen events which will become far too common if tort reform, in its commonly known form, is adopted. The fact of the matter is that, the tort reformers’ agenda is in reality a cost shifting scheme for the benefit of the insurance companies.
In the case illustrated below, while the short fall comes from the expert’s testimony indicating that the injured child would not live past his 20th birthday, and hence designing a settlement/verdict based on that faulty prediction, in cases which will come to be heard after tort reform has been enacted, the short fall will be simply a matter of law.
And, just so that there are no question(s) about it-once there is a shortfall, who will pick up the tab? Yes, you and I, Mr. and Ms. Taxpayer. So, while the case illustrated below is currently simply a rare and tragic exception (and in such instance I have no issue my tax dollars go to provide care and support for this individual) such cases will become normal and all too often a matter of course.
Tort reform is only about a cost shifting scheme–sifting costs for which an insurance company has been paid for onto the tax payers.
Paralysed since the age of three, Dan Crews hoped that he would not live to see the day that his money ran out.
Now, with his house in foreclosure in Antioch, Illinois and a nursing agency threatening to sue, family members face the heart-wrenching prospect of moving the 27-year-old man into a nursing home.
As a quadriplegic, Crews cannot move his body from the neck down. He relies on a ventilator and needs around-the-clock care, which had been paid for through a trust fund established in 1992 after a $6 million personal injury settlement.
At the time, doctors believed that Crews would live no longer than 20 years. But he thrived under his family’s loving care in a custom-designed home, and has out-lived his resources.
April 19, 2011
The Daley administration has agreed to pay $3 million to the family of a 23-year-old unarmed man gunned down by Chicago Police in a 2003 shooting captured by a CTA surveillance camera.
If not for the video, widely viewed on YouTube, City Hall and police officer Alvin Weems might never have admitted that the shooting of Michael Pleasance at the CTA Red Line’s 95th Street station was not justified.
At the time, Weems was trying to break up a fight in which Pleasance was a mere bystander.
The Police Department initially maintained that the victim struggled with Weems for the officer’s gun. Only after the victim’s family sued and a judge ordered the CTA video released did the city and the officer change their stories.
The video shows Weems, dressed in plainclothes, arriving at the L platform with his gun drawn. The officer pulls a young man out of the fight as Pleasance stands off to the side pointing and apparently trying to talk to the officer. The video then shows Weems raising his gun and shooting Pleasance in the face.
The settlement, expected to be approved today by the City Council’s Finance Committee, pales by comparison to the $12.5 million that a jury awarded to the victim’s mother Pamela Pleasance in December 2007.
April 18, 2011
As if the jury system was not already flawed enough by having to deal with prejudices against Plaintiffs in personal injury lawsuits, the economic downturn has helped make matters even worst for those who have been victims of personal injury resulting from someone else’s carelessness.
I often tell my clients, generally, that when going to trial, they have more than their case to prove-that is first they have to prove that they are honest too goodness folks who are not faking their injuries and are not after the so called lawsuit lottery. Once they have proven this essential element of the American Tort System, then they can begin proving their case. The danger in all that is that the first prong, is largely based on personal feelings and prejudices and only requires evidence upon which neither the attorney nor the party has much control.
It’s a refrain being heard across the country: As hard times stretch into their fourth year, people are becoming increasingly uptight about leaving their work to serve on a jury. Statistics are hard to come by — nobody, apparently, is measuring the phenomenon. Still, lawyers report anecdotally that more prospective jurors are asking to be excused for financial reasons. Many are self-employed and worried they’ll lose business. Others fear their employer will find it all too easy to replace them while they’re out on jury service — permanently, perhaps.And although rare, in the most extreme cases prospective jurors have become incensed at the lawyers, the case and the entire judicial process.