Plaintiff sustained an aggravation of a preexisting condition in his lumbar
spine, as well as a pain condition in his foot, leaving him permanently
disabled. Defendant, a United States postal worker, drove into the path
of plaintiff's vehicle, causing a collsion. This case was brought
pursuant to the Federal Tort Claims Act, therefore it was filed in federal
court and was required to be a bench trial.
Railroad Crossing Collision
Three individuals sustained catastrophic brain injuries when their SUV
was struck by a train at a crossing with inoperative lights and gates.
Verdict is the largest railroad crossing verdict in Illinois history and
was recognized by the National Law Journal as one of the top 100 verdicts
in the country in 2002.
Plaintiff sustained back and elbow injuries as a result of his boat being
struck by defendant's boat. Plaintiff underwent a nine level spinal
fusion as well as repair of his elbow fractures. Defendant was a twenty-one
year old summer camp counselor with eight young campers on his boat. The
incident took place on a small lake in upper Wisconsin and the plaintiff
and the defendant were the only two boats on the lake at the time.
Medical Malpractice/ Wrongful Death
Fifty-three-year-old man was admitted to Skokie Valley Hospital with an
infection of his left ankle and sepsis. Defendants contended that they
provided proper treatment for James Starr's leg infection and that
he died of an opportunistic hospital-acquired lung infection. The evidence
at trial established that the only blood culture taken during the entire
course of his treatment was in the emergency room upon admission to the
hospital. The pathologist who performed an autopsy testified that James
Starr died of overwhelming sepsis from a necrotizing infection of his
left lower leg. The autopsy also revealed that James Starr had severe
alcoholic cirrhosis. The pathologist testified that if James Starr had
survived this admission he would have had a life expectancy of 5 to 10 years.
Medical Malpractice/ Wrongful Death
Twenty-two year-old college student as a result of an overdose of psychiatric
medication prescribed by her psychiatrist. Plaintiff was originally seen
by a psychologist for mental health treatment and was diagnosed with depression
and bulimia. She was treated with medication (Prozac) and individual psychotherapy.
Plaintiff was seen in defendants' offices on only six occasions. For
the next 15 months up until the time of her death she was not seen by
either defendant doctor, however, the psychiatrist continued to prescribe
psychiatric medications over the telephone. During that period of time,
plaintiff received numerous prescriptions which included the addition
of another psychiatric medication (Desipramine) and several increases
in the dosage of her medication. The autopsy disclosed Desipramine intoxication
as the cause of death.
A twenty-four year-old woman was sexually assaulted in the parking lot
of a Ramada Inn hotel by a priest who had been at a holiday function at
the hotel. At the time of the occurrence, the defendant was married and
had three children.
Forty-three-year-old father of five died when a portion of the I-294 bridge
fell on him. Defendant Excatech contracted with the Illinois State Toll
Highway Authority to perform demolition work of the 5th Avenue Bridge,
which crossed the northbound and southbound lanes of I-294. In order to
dismantle the bridge, a crane was located in the southbound lanes of I-294
and the boom was connected to one of the metal girders of the bridge.
Robert Meyers was an equipment operator who was sent underneath the bridge
to free the girder being removed from its connection. In the process of
removing the metal girder, the bridge collapsed and fell on top of Robert
Meyers, causing his death.
Thirty-eight year old woman underwent a number of surgical procedures,
all of which were performed by defendant, for reconstruction and repair
of her left hip. As a result of the treatment, plaintiff was left with
a painful left hip, a severe limp, and recurrent dislocations of the hip.
During one of the procedures defendant removed too much bone causing dislocation
and destruction of the acetabulum which holds the prosthetic femoral head
in place. In addition, contrary to defendant's assertions, defendant
was not board-certified, having failed his board examinations on five
Product Liability/ Trucking Negligence
A twenty-six year old truck driver was killed when the pre-stressed, pre-cast
concrete bridge beam he was transporting fell over onto the cab of the
tractor he was driving. The beam was 72 inches high, 118 feet long, and
weighed approximately 50 tons. The pre-cast, pre-stressed concrete beam,
as designed and manufactured, was unreasonably dangerous in that it was
designed and built without any consideration given to forces that could
or would be imposed on it during transportation.
A thirty-three year old insulator working on a scaffold was killed when
an unlocked handrail came loose. The plaintiff was only 13 feet off the
ground when he fell from the scaffold. There were no eyewitnesses to the
occurrence and there was no direct evidence as to who unlocked the handrail.
In addition, there was evidence regarding prior instances of scaffold
tampering by the insulators. Relying on that evidence, the defense claimed
that the plaintiff unlocked the handrail and caused his fall.