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Court rules disabled girl's family can sue City of Chicago for neglect.
A federal appellate court ruled that the family of a girl attacked after being released from police custody could sue the police for negligence. The city had moved to dismiss the charges against the officers involved, but the judge ruled that the case can proceed as soon as this October.
In the ruling, the judge wrote that the police were aware that Christina Eilman suffered from a bipolar disorder when they released the girl without care after arresting her at Midway airport following a disruption that she caused. Police department policy requires that officers dealing with a mentally ill individual take the individual to a hospital for an evaluation. But in Eilman’s case, officers decided to release her from their custody without arranging a medical evaluation.
Instead, Eilman was released to high crime neighborhoods surrounding Midway, where she was attacked and sexually assaulted.
In addition to questioning the police's responsibility to provide medical care for Eilman, the judge questioned if Eilman's constitutional rights were also violated when the police took the woman from the relative safety of Midway to a high crime location approximately seven miles away from the airport. As Eilman was a California native and had no knowledge of the neighborhood, she had no way of knowing that she was in danger.
Potential Chicago Medical Malpractice Lawsuit Ends in Settlement
The Chicago Tribune reported Monday that James Tyree’s estate settled a potential claim for medical malpractice and/or wrongful death with the University of Chicago Medical Center.
Mr. Tyree who formerly owned the Chicago SunTimes was fighting cancer and pneumonia when he died in March 2011 at the Medical Center. A catheter was inserted into Mr. Tyree, and allegedly the hospital improperly removed the catheter causing Mr. Tyree’s death on March 16, 2011. Mr. Tyree’s estate did not file a lawsuit against the Hospital as the parties were able to reach a settlement on January 27, 2012 for 10 million dollars. As part of the agreement, the Estate agreed to release the Hospital from all future claims. The settlement also states that the settlement is not an indication that the hospital admits to negligence.
In a wrongful death matter, the law states that before the settlement is written in stone, the county court needs to approve or disapprove of the settlement. Here, the Estate presented Cook County Court with a Petition to Settle asking for the County’s approval, and a judge approved the settlement. The Estate has agreed to donate some of the settlement proceeds to the James C. Tyree Charitable Foundation, which Mr. Tyree founded while he was alive, to support education and healthcare in Chicago.
Drunk Driver Travels Eight Miles Wrong Way on I-90
The Chicago Tribune reports that a drunk driver rode the wrong way down the Jane Addams Memorial Tollway for some eight miles this week before finally being stopped by a tollway maintenance truck. The truck was able to use its flashing lights to stop the driver in the center median of the tollway after its driver noticed that the vehicle was traveling west in the eastbound lanes. Illinois State Police took a Chicago man, Michael Glomski, into custody for driving under the influence, improper lane usage, and driving without insurance a short time later.
Unfortunately, drunk driving is an all-too common occurrence on today’s roadways. While the incident described above did not result in an accident, these incidents often lead to car accidents that cause serious injuries or even death. With over 1.4 million arrests for drunk driving each year in the United States, it is no surprise that there are approximately 12,000 deaths due to drunk driving accidents each year nationwide. In Illinois alone, it is estimated that over 400 fatal accidents occurred as the result of drinking and driving.
Recent Chicago Car Accident Results from Another Wrong-Way Driver
Recent Chicago Car Accident Results from Another Wrong-Way Driver A recent car accident on the Kennedy Expressway marks the fourth Chicago car crash resulting from a driver heading the wrong way on the highway. As reported in The Morris Daily Herald, a vehicle driving inbound in the Kennedy Expressway’s outbound lane on the morning of February 22 clipped two cars before hitting a third head-on.
Police say that the 25-year-old female driver got onto the Kennedy Expressway at Armitage and that the accident occurred just south of North Avenue. Both the woman and the driver of the other car were extracted from their vehicles and taken to area hospitals in serious condition. According to reports, the errant driver may have smelled of alcohol. Unknown charges are currently pending against the wrong-way driver who caused the car crash.
Unfortunately, according to the Herald, all four of Chicago’s recent wrong-way car accidents have resulted in serious injuries for those involved. These injured parties may consider filing a personal injury lawsuit against the negligent drivers who caused the accidents. When you’re injured in a car accident that is the fault of another driver, you may be entitled to monetary compensation for medical bills, lost earnings, and pain and suffering. Yet Illinois’ personal injury laws are complex, and it’s best to contact a skilled Orland Park personal injury lawyer as soon as possible following a motor vehicle accident. Khaled Issa has more than 10 years experience representing those who have been injured in car accidents. Click here to contact him for a free, no-obligation consultation.
Deadly Crash Results in Multiple DUI Charges for Driver
As reported on the My Suburban Life website, 32-year-old Daniel Clark is facing aggravated DUI charges following an accident that killed 42-year-old Frank Caruso and injured a police officer. The crash happened early on the morning of Saturday, February 11th, when Clark hit a parked police car on the Eisenhower Expressway. Mr. Caruso and a state trooper were inside warming up after the trooper responded to a minor accident that Caruso had previously been involved in. The police officer suffered a potential concussion, but is expected to undergo a full recovery. One additional person was taken to the hospital following the accident but their status is unknown. Mr. Clark was charged with two separate counts of driving under the influence of alcohol, one including the “causing death” clause. As of the next day, he was being held at a DuPage County jail on $1 million bond. As explained in the 2012 DUI Fact Book, in Illinois, any felony DUI charge is classified as an “aggravated DUI.” This includes (but isn’t limited to) a drunk driving charge that is obtained by someone without a valid driver’s license or while driving a school bus. DUIs that result in accidents causing great body harm or death are also classified as aggravated DUI charges in Illinois, as are an individual’s third drunk driving charge (or any subsequent.)
The Police Must Have Probable Cause to Arrest
When you are charged with a crime, especially a serious crime, you need a criminal attorney who can examine every aspect of the case, from the time you were arrested until the time you were released on bond. Many times, police violate the rights of the accused under both the Illinois and Unites States Constitutions. When charged with a crime, you need and experienced, creative, aggressive, criminal attorney who will fight for your rights, not just tell you to plead guilty. A recent opinion from the Illinois Court of Appeals is an excellent example of defending a client to the fullest extent of the law.
A person was standing at a drug spot, on the street, yelling “dro, dro”. The police arrested him for violating a city ordinance prohibiting solicitation of unlawful business on the street. Of course, when he was searched by the police after the arrest, the police found a rather large quantity of drugs in his possession. The arrest was challenged, contending the police did not have probable cause for the arrest. The court found that there was probably cause, and the defendant was sentenced. On appeal, the court found that the police did not have probable cause to believe a crime or ordinance violation was being committed or about to be committed. The defendant won his case on appeal.
Farmers Insurance Settles Class Action Lawsuit for Failure To Pay Medical Expenses For Persons Who Purchased Certain Farmers Insurance Coverage
LOS ANGELES, Aug. 5, 2011 /PRNewswire/ -- Farmers Insurance announced today that it entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma (the "Court").
The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities (collectively, "Farmers"). The Court preliminarily approved the settlement on June 20, 2011.
Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments ("Med-pay") and Personal Injury Protection ("PIP") coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures. Farmers denies all of Plaintiffs' claims in the lawsuit. However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.
2 killed, 2 seriously hurt in wrong-way crash on tollway
August 11, 2011
Illinois State Police are still investigating a motor vehicle crash which killed tow people and seriously injured two others.
According to Illinois State Police Master Sgt. Carlita Joe, a red 2006 Porsche was on the eastbound lanes of the Reagan Tollway (Int. Hwy. 88) when the driver used an emergency vehicle turnaround just next to the Morton Arboretum in Lisle to cross into the westbound lanes about 6:28 p.m. Saturday.
The driver of the Porsche then continued east and hit a 2004 silver Toyota Corolla as it headed west in the second lane from the median, Joe said that one victim was pronounced dead at the scene, while another was taken to Edward Hospital in Naperville, where she was pronounced dead a short time later.
A passenger in the silver Toyota Corolla was taken to Edward and later moved Advocate Good Samaritan Hospital in Downers Grove. The driver of the Porsche, a 43-year-old man from Naperville, was taken to Good Samaritan with life-threatening injuries, police said.
Can I Seek Compensation for a Prescription Drug Error in Illinois?
Physicians prescribe medication to patients all the time for various reasons. Certain medicines can help alleviate pain and symptoms for injured and sick patients when correctly prescribed and used. They can also heal and cure injuries and illnesses if used properly. However, they also have the potential to cause permanent damage or even death if they are used incorrectly. If you or your loved one has suffered as a result of a prescription drug mistake, you may be entitled to compensation. An experienced personal injury attorney can help determine liability for your damages. Responsible parties may include a doctor, pharmacist, or anesthesiologist.
Common Forms of Medication Mistakes
Unlike over-the-counter (OTC) medicines, prescription medication must be prescribed by a doctor and are usually dispensed by a pharmacist at a hospital or a pharmacy. This is because these types of drugs could be potentially addictive or lethal if not taken properly. Names of some medications may at first glance look or sound similar, which means they can be easily confused with each other. In other cases, ingesting too much or too little of a drug can affect a patient’s health and well-being.
Drunk Driving Crashes and Wrongful Death Lawsuits
Summer is here and that means lots of cookouts, family get-togethers, beach days, and vacations. At many of these social gatherings alcohol is served, and all too often, drivers make the decision to get behind the wheel of their vehicles after they have been drinking, with tragic results.
According to the National Highway Traffic Safety Administration. (NHTSA), there were 10,265 people killed in drunk driving accidents in 2015, the most current year for which statistics are available. This means that every day that year, 28 people were killed by a drunk driver. This was a sharp increase from the year before, when 9,943 people were killed in alcohol-related crashes.
In Illinois, approximately 1,000 people are killed each year in drunk driving crashes. About 35 percent of those drunk drivers are between the ages of 21 to 24. Each year, law enforcement in Illinois arrest almost 40,000 people on DUI charges, yet these horrible crashes still happen.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
