A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim. The case of Walter E. Patrick, III v. April J. Henthorn, 21A-CT-1436, dates back to 1975, when…
While the majority of workers compensation claims for COVID-19 during the first year of the pandemic involved a mild infection and no hospitalization, the Workers’ Compensation Insurance Rating Bureau of California reports that coronavirus claims with medical payments were more likely to involve hospitalization, intensive care and fatalities. “As a result, the average medical payments per COVID-19 claim during the…
A motorist is suing another driver for allegedly running a red light and causing a Collinsville collision. Esther Mansour filed a lawsuit on Feb. 1 in the Madison County Circuit Court against Lephonse Paige, alleging negligence. According to the lawsuit, Mansour was operating a vehicle going westbound on St. Louis Rod in Collinsville on Feb. 1, 2020. She claims that…
The parents of a premature infant claim their child developed necrotizing enterocolitis after being fed Similac or Enfamil infant formula, resulting in his death. Mallory and Wojciech Kon, as co-representatives of the estate of Theodore Edward Kon, filed a lawsuit on Jan. 25 in the Madison County Circuit Court against Mead Johnson and Company, LLC., Mead Johnson Nutrition Company and…
A woman is suing a bicycle manufacturer and the shop she bought the bike at after the brakes allegedly malfunctioned, causing her to crash. Amanda Garcia filed a lawsuit on Jan. 14 is the Madison County Circuit Court against Giant Bicycle, Inc., The Cyclery and Fitness Center, Inc. and Tektro, alleging negligence, Res Ipsa Loquitur and product liability. According to…
The U.S. Supreme Court on Tuesday asked the Department of Justice to weigh in on whether workers compensation insurers should reimburse for medical marijuana. Specifically, the court is considering requests to review Minnesota Supreme Court decisions holding that employers can’t be compelled to reimburse injured workers for medical cannabis because it would require them to violate federal law. Before it…
A motorist alleges injuries after another driver caused a collision on Interstate 55. Jordan Clay filed a lawsuit on Jan. 19 in the Madison County Circuit Court against Dylan Slater, alleging negligence and personal injury. According to the lawsuit, on July 11, 2021, Clay was traveling northbound on Interstate 55 near mile marker 12 when Slater allegedly struck the plaintiff’s…
A driver of a Corvette claims the driver of a Mustang pulled out of an Alton parking lot in front of him and caused a collision. Shane Pride filed a lawsuit on Feb. 1 in the Madison County Circuit Court against Jeffrey Parker, alleging negligence. According to the lawsuit, Pride was traveling in his 2009 Chevrolet Corvette going southeast on…
The COVID-19 omicron variant appears to be waning and several states have lifted their mask mandates in recent weeks, but legislators are just getting started when it comes to the pandemic and workers compensation. Since state lawmakers went back to work in January, more than a dozen pieces of new or revived pieces of legislation have been filed, and more…
A bill before Illinois lawmakers this year would address recent court decisions finding that workers’ compensation exclusivity does not preclude claims for damages under the Biometric Information Privacy Act. H.B. 5396 would declare that if a worker brings an action against an employer for violations of the privacy act, the worker’s entitlement to relief shall be determined under the state’s…
