HVAC worker suffered extensive damage to his wrist, shoulder and ankle (13 surgeries) when he fell from deft's roof while replacing the air conditioning system. Pltf faults a lack of fall protection. P...aid by Elmhurst Memorial Hospital. Pltf's employer waived $787,452 of its workers' comp lien.
Nursing home abuse and neglect
Nuirsing Home Negligence
May 31, 2013
OUTCOME: $325,000
On February 4, 2007 M-47, a resident of deft long-term care mental health facility, sustained multiple fractures and a closed head injury--which caused his death on February 7--when he fell from the fa...cility's exterior stairs after stepping outside to smoke a cigarette. He is survived by three siblings. Allegedly, deft's staff failed to properly supervise the resident.
Personal injury
Premises Liability/Negligence
Apr 26, 2013
OUTCOME: $610,000
April 13, 2001 M-14, riding a dirt bike, suffered a broken neck at C2-C3, which caused brain death, when he hit a neck-high steel cable that had been strung across a gravel path that ran along deft's r...ailroad tracks. The city where the incident occurred had apparently been granted an easement by the railroad to use the path for power line maintenance. Allegedly, it was common knowlege that the path was used by local children to ride motorcycles and ATVs--and the cable was seldom raised--although it supposedly was intended to keep trespassers off the property. Both defts denied owing the teen any duty of care. The city also argued it was protected by the Tort Immunity Act (among other things). The railroad paid $350,000 and the city paid $260,000. This case settled after a decade of litigation, including multiple motions to dismiss and appellate action.
Trucking accident
Trucking Accident
Apr 26, 2013
OUTCOME: $2,750,000.00
February 17, 2010 pltf's stopped car was rear-ended by defts' semi-truck on the north 25th Avenue off-ramp from I-290 in Maywood. Reportedly, deft driver admitted causing the accident. Pltf M-35 truck ...driver, who had undergone two prior spinal fusions but was then asymptomatic, claims aggravation of the prior spinal injuries, leading to disabling chronic pain syndrome (three surgeries--including implantation of a permanent spinal cord stimulator for pain control).
Medical malpractice
Pharmacy Error
Apr 15, 2013
OUTCOME: $1,900,000.00
December 3, 2011 M-50, who was recovering from tongue cancer, died within hours of ingesting morphine as prescribed on the bottle purchased from deft pharmacy. The dosage was 6 times the normal amount.... Decedent, survived by his wife, had a "good prognosis" after recently completing chemotherapy. Paid by undisclosed self-insured deft.
Personal injury
Premises Liability - Fall Down Stairs
Jan 23, 2012
OUTCOME: $130,773
eb. 11, 2008, pltf F-76 went to Pizano's Pizza & Pasta, 1808 N. Waukegan Road, Glenview, for food and drinks with her son-in-law. While at Pizano's, she answered a call on her cell phone and headed to ...the restroom, which was located on the lower level of the restaurant. The stairway leading to the restrooms on the lower level consisted of approximately twenty steps with a landing midway down. The stairway had handrails on both sides, but the handrail on the right side going down ended 12 to 24 inches before the bottom step. Pltf contended she was walking down the staircase while on her cell phone with her right hand on the handrail for the entire length and looking at her path the entire time, when she reached the bottom stop and was forced to let go of the handrail because of its premature end, at which time she mis-stepped and lost her balance. She reached out for the handrail to catch herself, but because it had already ended, she fell. Pltf sustained a displaced supracondylar femur fracture with a bicondylar split in her left leg, requiring open reduction internal fixation of the distal femur, inpatient physical therapy at a long-term care facility, subsequent in-home physical therapy services, and continuing medical care and physical therapy until Oct. 2008. She still has continuing pain in her left leg due to the remaining hardware, is limited in her ability to ambulate or stand for long periods of time, and uses a cane to walk ($71,824 medl. bills). At the time of the occurrence, this Pizano's location had been open to the public for about two months. At the time the restaurant was constructed and permits were issued, the Village of Glenview had adopted the 1999 BOCA National Building Code, which required handrails to extend horizontally at least twelve inches beyond the top riser and continue to slope for the depth of one tread beyond the bottom riser. Pltf asserted deft's handrail failed to comply with the Glenview building code requirements and the applicable national standard, a reasonable commercial property owner would comply with the applicable building codes, Pizano's owed pltf a duty to maintain its stairway in a reasonably safe condition, it was unreasonable for deft to have a handrail on a stairwell used by patrons that violated code, this failure to comply was a proximate cause of pltf's fall, and she would have been able to catch herself before she fell if the handrail had extended beyond the bottom riser as required. The defense asserted that the railing was not an unreasonably dangerous condition despite its non-compliance with the building code, deft did not have actual notice of the condition since it had received no complaints and had relied on its architects and contractors in designing and constructing the restaurant, pltf was contributorily negligent in walking down the stairs while talking on her cell phone and not paying attention to the stairs in front of her, and her negligence was the cause of her injuries. Pltf was successful through motions in limine in barring any evidence that the building had been inspected by the Village of Glenview prior to the occurrence without the handrail noted as a violation and that a certificate of occupancy was issued by the Village prior to the occurrence.
Medical malpractice
Failure to Diagnose Cancer
Jul 30, 2010
OUTCOME: $1,250,000.00
Physician failed to take a sufficient tissue sample during a prostate biopsy on November 5, 2004, then continued to rely on that negative test result through 2006 despite pltf's persistently high PSA l...evels. Pltf's prostate cancer was not diagnosed until December 2006 when it had already metastasized, did not respond to treatment, and was incurable, causing his death on November 8, 2007 at age 66 (survived by wife, $39,382 medl. expense)
Personal injury
Injured by Falling Object
May 29, 2009
OUTCOME: $900,000.00
June 22, 1999 a 25-lb., 16-foot fiberglass angle guard fell from the "El" tracks and struck M-51 as he and his wife crossed Federal St. south of Van Buren St. (traumatic brain injury and partial left r...otator cuff tear, $53,943 medl., $4,363 LT as CTA bus driver/instructor)
Trucking accident
Trucking Accident
N/A
OUTCOME: $800,000.00
August 14, 2006 semi-tractor trailer driver struck and killed M-32 as he inspected his disabled semi-tractor trailer on the right shoulder of eastbound Route 70 near Greenfield, IN (survived by mother ...and wife of 1 month, $795,035 - $897,042 LT). Deft falsified log books to conceal he had been driving 11 to 20 hours before accident