Category

Personal Injury

Reversal: Jury instruction on man’s failure to mitigate damages was error

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A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous. Patrick Humphrey began experiencing pain in his left eye after his…

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Trip out of elevator prompts lawsuit against Macy’s, St. Clair Square

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A customer at Macy’s at the St. Clair Square Mall in Fairview Heights claims she suffered injuries after an elevator allegedly stopped below the level of the floor. Donna Gross has filed suit against the store, as well as the managers and owners of the mall, and the manufacturers of the elevator. The suit, filed in St. Clair County Circuit…

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IL appeals panel OKs $54M jury verdict in Indiana trucking accident, even though Indiana law applied

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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…

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COA affirms denial of insurer’s motion to set aside default judgment

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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,…

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Customer alleges she suffered multiple injuries after falling in Casino Queen food court

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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…

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Chicago-Area Contractor Cited, Fined $250K for Fall, Scaffolding Hazards

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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…

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Lawsuit filed against Hayden Wrecking Corporation over worker’s alleged injury

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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…

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In Suit, Indiana Family Says Juul E-Cigarettes Are Deliberately Highly Addictive

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An Indiana family is suing Juul Labs Inc., accusing it of making electronic cigarettes that contain excessively high levels of nicotine without warning that they’re addictive. The McCullough family of Carmel filed the lawsuit Aug. 20 in U.S. District Court in Indianapolis, the Indianapolis Business Journal reported. The lawsuit alleges that Juul did not include nicotine warnings on its devices,…

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