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Etzler Lawhead Legal Group, PC

Justices: Teen injured in crash failed to mitigate damages, but trial court erred in damages reduction

By Personal Injury No Comments

Two former classmates battling in court over damages stemming from a 2016 car accident each took home a partial victory from the Indiana Supreme Court on Tuesday. The justices ruled that a trial court properly reduced the suing student’s damages for her failure to mitigate, but also found the that trial court erred in its reduction of those damages when…

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7th Circuit: Uber personal injury accident case properly dismissed for untimely summons

By Personal Injury No Comments

The Indiana Northern District Court did not abuse its discretion in dismissing an Indiana man’s personal injury case stemming from an Uber accident after he failed to timely serve the summons and complaint on the defendants, the 7th Circuit Court of Appeals ruled Friday. After being injured in a car accident while riding as an Uber passenger in Indiana, Kirk…

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Shopper slips on air freshener in restroom, sues Granite City Walmart

By Personal Injury No Comments

A shopper claims she was injured when she slipped on an air freshener on the restroom floor at the Granite City Walmart. Carmen Huff filed a complaint Aug. 25 in the Madison County Circuit Court against Walmart Inc., alleging negligence. Huff alleges in her complaint that she was at the Walmart on Pontoon Road in Granite City on Aug. 26,…

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Former Glen Carbon police officer alleges retaliation for workers’ compensation claim over COVID-19 cleaning chemicals

By Workers' Compensation No Comments

A former Glen Carbon police officer alleges he was fired for filing a workers’ compensation claim after suffering respiratory problems from the COVID-19 fogger disinfectant used in Village buildings. Bronson Painter filed a complaint Aug. 20 in the Madison County Circuit Court against Village of Glen Carbon, IL., Todd A. Link, individually and in his official capacity alleging violation of…

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Perspectives: Pandemic reshapes workers comp line

By Workers' Compensation No Comments

The aftershocks of the COVID-19 pandemic will be felt for years to come in the workers compensation industry, as its impact on jobs, wages and workers will continue to shape the evolution of the line. Since the start of the pandemic, the workers compensation system has dealt with myriad changes. Some have ultimately been positive, some have placed — or…

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‘Long COVID’ presents comp conundrum

By Workers' Compensation No Comments

Long-term health issues following a COVID-19 diagnosis will likely affect workers compensation claims acceptance, management and disability indefinitely, experts say. Under the catch-all phrase “long COVID,” symptoms include fatigue, chest pain, shortness of breath, joint or muscle pain, and difficulty concentrating. At least one study (see box) found 55 possible long-term effects of COVID-19. “Navigating a patient through long COVID…

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Abbott, Mead Johnson accused of failing to warn of formula dangers for premature infants

By Personal Injury No Comments

The parents of premature infants who suffered severe illness or death after being fed Similac and Enfamil formulas claim Abbott and Mead Johnson knew of the dangers and failed to provide warnings. Jennifer Cherry, on her own behalf and on behalf of her minor child Kaiden Robinson, Jamila Cornelius, on her own behalf and as representative of the estate of…

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Man accused of driving drunk in Porter County crash that injured two children

By Personal Injury No Comments

A 27-year-old Milwaukee man faces multiple charges in the wake of an alleged drunken driving crash Friday that left two 9-year-old passengers injured, according to charging documents. David Flores-Mejia, who appeared for an initial hearing Thursday morning before Porter Circuit Court Judge Mary DeBoer, is charged with felony counts of operating while intoxicated causing serious bodily injury and operating while…

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Nursing home resident allegedly dropped during transfer from wheelchair

By Personal Injury No Comments

A Madison County nursing and rehab facility is facing a suit after one of its employees dropped a patient during transfer from her wheelchair to her bed. Virginia Buklad filed a complaint Aug. 17 in the Madison County Circuit Court against Meridian Village Association, alleging negligence and violation of the Illinois Nursing Home Care Act. According to Buklad’s complaint, she…

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Why You Shouldn’t Bet Blindly on Uber or Lyft

By Workers' Compensation No Comments

Just when it looks like litigators are finally ready to leave companies like Uber Technologies and Lyft alone, POW! These outfits and their investors get blindsided. On Friday, Aug. 20, a California state judge ruled that Proposition 22 is unconstitutional. Prop 22, which was approved by the state’s voters in November, allows Uber and Lyft drivers to remain contractors rather…

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