A widow is barred from taking action over the death of her husband because the claim falls under the “exclusive remedy” provisions of Illinois’ workers’ compensation statutes, the deceased man’s former employer argues. Cathleen Shelton, on behalf of the estate of her husband, Michael, filed suit against Olin Corporation, claiming the company failed in its duty of care by exposing…
IL appeals panel OKs $54M jury verdict in Indiana trucking accident, even though Indiana law applied
A three-justice panel of the Illinois First District Appellate Court has upheld a massive verdict against a trucking company in relation to a 2011 Interstate 65 crash, saying a trial court properly allowed both Indiana and Illinois law to apply. The Feb. 9, 2011, incident on southbound I-65 in Jasper County, Ind., involved seven vehicles. The crashes were instigated when…
Stepping back to look at the whole picture when evaluating a claim and treating each case as unique is important for determining the best course of action, said legal experts in a presentation Monday at the Chicagoland Risk Forum at the Marriott Magnificent Mile in Chicago. Claims are as unique as snowflakes, and depending on the circumstances, when the defendant…
Workers compensation insurers’ year-over-year premiums have declined so far in 2019, according to a market intelligence analysis from S&P Global Inc. released Monday. Fourteen of the top 20 workers compensation underwriters reported premium declines in the first half of 2019, and total comp premiums for the industry declined to $27.03 billion — down 2.8% compared with the previous year —…
An insurance company failed to persuade the Indiana Court of Appeals to set aside a $400,000 default judgment against its insured defendants based on the argument that it had an interest in limiting future liability related to the underlying truck crash liability lawsuit. Darnell Wright was injured in a collision with a vehicle driven by an employee of Riteway Trucking,…
A Greene County woman is suing the city of Alton for injuries she alleges she sustained in a car accident when she was struck by a vehicle driven by an Alton police officer. Diana Poe’s suit, filed Sept. 6 in Madison County Circuit Court, also names The Alton Police Department and officer James Allen Hunt, alleging negligence. According to the…
A Macoupin County woman is suing a casino, alleging negligence caused to her fall and sustain injuries on the defendant’s property. Sarah Broyles filed suit Aug. 29 in St. Clair County Circuit Court against Casino Queen Inc., Casino Queen and Casino Queen Holdings LLC, alleging negligence. According to the complaint, on Sept. 10, 2017, Broyles was visiting Casino Queen in…
A contractor has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration which says workers were exposed to fall and scaffolding hazards at a commercial building project in Chicago. The Labor Department says that Polo Masonry Builders in Park Ridge, Illinois, also faces penalties of more than $250,000. OSHA inspectors cited the company for repeat and…
Hayden Wrecking Corporation has been named in a lawsuit filed by an employee who claims he suffered physically harmed a third-party truck driver during a job in August. Hayden hired B Garcia Trucking drivers to assist in removing materials from a property owned by Hayden. One of the drivers, Shanley Smith, was returning to commence his third hauling and was…
A woman is suing the city of Highland after she allegedly injured her hip when she tripped and fell on a curb in October. Vicki Durham has named the city of Highland as a defendant in her four-page complaint filed Aug. 26 Third Judicial Circuit Court of Madison County. The Record requested comment from Highland Mayor Joseph R. Michaelis and…